093_SB0272enr

 
SB272 Enrolled                       LRB093 05960 DRH 06057 b

 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Section 18c-7401 as follows:

 6        (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
 7        Sec.    18c-7401.    Safety   Requirements   for   Track,
 8    Facilities, and Equipment.
 9        (1)  General  Requirements.  Each  rail  carrier   shall,
10    consistent with rules, orders, and regulations of the Federal
11    Railroad Administration, construct, maintain, and operate all
12    of  its equipment, track, and other property in this State in
13    such a manner as to pose no undue risk to  its  employees  or
14    the person or property of any member of the public.
15        (2)  Adoption  of  Federal  Standards.  The  track safety
16    standards and accident/incident standards promulgated by  the
17    Federal  Railroad Administration shall be safety standards of
18    the Commission.  The Commission may, in  addition,  adopt  by
19    reference  in  its  regulations other federal railroad safety
20    standards,  whether  contained  in  federal  statutes  or  in
21    regulations adopted pursuant to such statutes.
22        (3)  Railroad Crossings.  No  public  road,  highway,  or
23    street shall hereafter be constructed across the track of any
24    rail  carrier  at  grade,  nor  shall  the  track of any rail
25    carrier be constructed  across  a  public  road,  highway  or
26    street  at grade, without having first secured the permission
27    of the Commission; provided,  that  this  Section  shall  not
28    apply to the replacement of lawfully existing roads, highways
29    and  tracks.  No  public pedestrian bridge or subway shall be
30    constructed across the track  of  any  rail  carrier  without
31    having  first secured the permission of the Commission.   The
 
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 1    Commission shall have the right to refuse its  permission  or
 2    to  grant  it  upon  such  terms  and  conditions  as  it may
 3    prescribe.  The Commission shall have power to determine  and
 4    prescribe  the  manner,  including  the  particular  point of
 5    crossing,  and  the   terms   of   installation,   operation,
 6    maintenance, use and protection of each such crossing.
 7        The Commission shall also have power, after a hearing, to
 8    require  major  alteration  of  or  to  abolish any crossing,
 9    heretofore or hereafter established, when in its opinion, the
10    public safety requires such  alteration  or  abolition,  and,
11    except   in   cities,  villages  and  incorporated  towns  of
12    1,000,000 or more inhabitants, to vacate and close that  part
13    of  the  highway  on  such  crossing altered or abolished and
14    cause barricades to be erected across such  highway  in  such
15    manner  as  to prevent the use of such crossing as a highway,
16    when,  in  the  opinion  of  the   Commission,   the   public
17    convenience served by the crossing in question is not such as
18    to  justify  the  further  retention thereof; or to require a
19    separation of grades, at railroad-highway grade crossings; or
20    to require a separation of grades at  any  proposed  crossing
21    where  a  proposed public highway may cross the tracks of any
22    rail carrier or carriers; and to prescribe, after  a  hearing
23    of  the  parties, the terms upon which such separations shall
24    be made and the  proportion  in  which  the  expense  of  the
25    alteration  or  abolition of such crossings or the separation
26    of such grades,  having  regard  to  the  benefits,  if  any,
27    accruing  to the rail carrier or any party in interest, shall
28    be divided between the rail carrier or carriers affected,  or
29    between  such  carrier  or  carriers  and  the State, county,
30    municipality or other public authority in interest.  However,
31    a public hearing by the  Commission  to  abolish  a  crossing
32    shall  not  be  required when the public highway authority in
33    interest vacates the highway.   In  such  instance  the  rail
34    carrier,  following  notification  to  the Commission and the
 
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 1    highway authority, shall remove any  grade  crossing  warning
 2    devices and the grade crossing surface.
 3        The  Commission  shall  also  have  power by its order to
 4    require   the   reconstruction,   minor   alteration,   minor
 5    relocation or improvement  of  any  crossing  (including  the
 6    necessary  highway approaches thereto) of any railroad across
 7    any highway or public road, pedestrian bridge, or  pedestrian
 8    subway,  whether  such  crossing  be  at grade or by overhead
 9    structure or by subway, whenever the Commission finds after a
10    hearing or without a hearing as otherwise  provided  in  this
11    paragraph that such reconstruction, alteration, relocation or
12    improvement is necessary to preserve or promote the safety or
13    convenience  of  the public or of the employees or passengers
14    of such rail carrier or carriers.  By its original  order  or
15    supplemental  orders  in such case, the Commission may direct
16    such reconstruction, alteration, relocation,  or  improvement
17    to  be made in such manner and upon such terms and conditions
18    as may be reasonable and necessary and may apportion the cost
19    of such reconstruction, alteration, relocation or improvement
20    and the subsequent maintenance thereof, having regard to  the
21    benefits,  if  any,  accruing to the railroad or any party in
22    interest, between the rail carrier  or  carriers  and  public
23    utilities  affected,  or between such carrier or carriers and
24    public utilities and the State, county, municipality or other
25    public authority in interest.  The cost to be so  apportioned
26    shall  include  the  cost  of  changes  or alterations in the
27    equipment of public utilities affected as well as the cost of
28    the relocation, diversion  or  establishment  of  any  public
29    highway,  made  necessary by such reconstruction, alteration,
30    relocation or improvement of said crossing.  A hearing  shall
31    not be required in those instances when the Commission enters
32    an  order  confirming  a  written  stipulation  in  which the
33    Commission, the public  highway  authority  or  other  public
34    authority in interest, the rail carrier or carriers affected,
 
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 1    and  in  instances  involving  the  use of the Grade Crossing
 2    Protection Fund, the Illinois Department  of  Transportation,
 3    agree  on  the  reconstruction,  alteration,  relocation,  or
 4    improvement  and  the  subsequent maintenance thereof and the
 5    division of costs of  such  changes  of  any  grade  crossing
 6    (including  the  necessary highway approaches thereto) of any
 7    railroad across any highway, pedestrian bridge, or pedestrian
 8    subway.
 9        Every rail carrier operating in  the  State  of  Illinois
10    shall  construct and maintain every highway crossing over its
11    tracks  within  the  State  so  that  the  roadway   at   the
12    intersection   shall   be   as   flush   with  the  rails  as
13    superelevated  curves  will  allow,  and,  unless   otherwise
14    ordered  by  the Commission, shall construct and maintain the
15    approaches thereto at a grade of not more than 5% within  the
16    right  of  way  for a distance of not less the 6 feet on each
17    side of the centerline of such  tracks;  provided,  that  the
18    grades  at  the  approaches may be maintained in excess of 5%
19    only when authorized by the Commission.
20        Every rail carrier  operating  within  this  State  shall
21    remove  from  its  right of way at all railroad-highway grade
22    crossings within the State, such brush, shrubbery, and  trees
23    as  is  reasonably  practical for a distance of not less than
24    500 feet in either direction from each  grade  crossing.  The
25    Commission  shall  have  power,  upon its own motion, or upon
26    complaint, and after having  made  proper  investigation,  to
27    require the installation of adequate and appropriate luminous
28    reflective warning signs, luminous flashing signals, crossing
29    gates  illuminated  at  night, or other protective devices in
30    order to promote and safeguard the health and safety  of  the
31    public.  Luminous  flashing  signal  or crossing gate devices
32    installed at grade crossings, which have been approved by the
33    Commission, shall be deemed  adequate  and  appropriate.  The
34    Commission  shall  have  authority  to  determine the number,
 
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 1    type, and location of such signs, signals,  gates,  or  other
 2    protective  devices  which, however, shall conform as near as
 3    may be with generally recognized national standards, and  the
 4    Commission  shall have authority to prescribe the division of
 5    the cost of the installation and  subsequent  maintenance  of
 6    such  signs,  signals,  gates,  or  other  protective devices
 7    between the rail carrier  or  carriers,  the  public  highway
 8    authority  or  other  public  authority  in  interest, and in
 9    instances involving the use of the Grade Crossing  Protection
10    Fund,  the  Illinois  Department  of  Transportation.  If the
11    Commission has ordered the installation of luminous  flashing
12    signal  or  crossing  gate  devices  at a grade crossing, the
13    Commission shall order the  installation  of  temporary  stop
14    signs  at  the  highway intersection with the grade crossing.
15    The temporary stop signs shall  remain  in  place  until  the
16    luminous  flashing  signal or crossing gate devices have been
17    installed. The rail carrier is responsible for  the  cost  of
18    the  installation  and subsequent maintenance of any required
19    temporary stop signs.
20        No railroad may  change  or  modify  the  warning  device
21    system   at  a  railroad-highway  grade  crossing,  including
22    warning systems interconnected with highway  traffic  control
23    signals,  without  having  first received the approval of the
24    Commission.  The Commission shall  have  the  further  power,
25    upon  application, upon its own motion, or upon complaint and
26    after  having  made  proper  investigation,  to  require  the
27    interconnection  of  grade  crossing  warning  devices   with
28    traffic  control  signals at highway intersections located at
29    or near railroad crossings within the distances described  by
30    the  State  Manual on Uniform Traffic Control Devices adopted
31    pursuant to Section 11-301 of this Code.  In addition,  State
32    and  local authorities may not install, remove, modernize, or
33    otherwise  modify  traffic  control  signals  at  a   highway
34    intersection   that  is  interconnected  or  proposed  to  be
 
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 1    interconnected with grade crossing warning devices  when  the
 2    change  affects  the  number,  type,  or  location of traffic
 3    control devices on the track approach  leg  or  legs  of  the
 4    intersection   or  the  timing  of  the  railroad  preemption
 5    sequence of operation until the Commission has  approved  the
 6    installation,   removal,   modernization,   or  modification.
 7    Commission approval shall  be  limited  to  consideration  of
 8    issues   directly   affecting   the   public  safety  at  the
 9    railroad-highway  grade  crossing.   The  electrical  circuit
10    devices, alternate warning devices, and preemption  sequences
11    shall   conform   as  nearly  as  possible,  considering  the
12    particular characteristics of the crossing  and  intersection
13    area,  to the State manual adopted by the Illinois Department
14    of Transportation pursuant to Section 11-301 of this Code and
15    such federal standards as are made applicable  by  subsection
16    (2)  of  this Section.  In order to carry out this authority,
17    the Commission shall have  the  authority  to  determine  the
18    number,  type, and location of traffic control devices on the
19    track approach leg or legs of the intersection and the timing
20    of  the  railroad  preemption   sequence  of  operation.  The
21    Commission  shall  prescribe  the  division  of   costs   for
22    installation  and maintenance of all devices required by this
23    paragraph between the railroad or railroads and  the  highway
24    authority  in  interest and in instances involving the use of
25    the Grade Crossing Protection Fund or a  State  highway,  the
26    Illinois Department of Transportation.
27        Any  person who unlawfully or maliciously removes, throws
28    down, damages or defaces any  sign,  signal,  gate  or  other
29    protective  device,  located  at  or  near  any  public grade
30    crossing, shall be guilty of a petty offense  and  fined  not
31    less  than  $50  nor  more  than  $200  for each offense.  In
32    addition to fines levied under the provisions of this Section
33    a person adjudged guilty hereunder may also  be  directed  to
34    make  restitution  for the costs of repair or replacement, or
 
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 1    both, necessitated by his misconduct.
 2        It is the public policy  of  the  State  of  Illinois  to
 3    enhance  public  safety by establishing safe grade crossings.
 4    In order to implement  this  policy,  the  Illinois  Commerce
 5    Commission  is  directed  to  conduct  public hearings and to
 6    adopt specific criteria  by  July  1,  1994,  that  shall  be
 7    adhered to by the Illinois Commerce Commission in determining
 8    if  a  grade  crossing  should  be  opened or abolished.  The
 9    following  factors  shall  be  considered  by  the   Illinois
10    Commerce  Commission  in developing the specific criteria for
11    opening and abolishing grade crossings:
12             (a)  timetable speed of passenger trains;
13             (b)  distance to an alternate crossing;
14             (c)  accident history for the last 5 years;
15             (d)  number of vehicular traffic  and  posted  speed
16        limits;
17             (e)  number  of  freight  trains and their timetable
18        speeds;
19             (f)  the type of warning device present at the grade
20        crossing;
21             (g)  alignments of the roadway and railroad, and the
22        angle of intersection of those alignments;
23             (h)  use of the grade crossing  by  trucks  carrying
24        hazardous  materials,  vehicles  carrying  passengers for
25        hire, and school buses; and
26             (i)  use  of  the  grade   crossing   by   emergency
27        vehicles.
28        The  Illinois  Commerce Commission, upon petition to open
29    or abolish a grade crossing, shall enter an order opening  or
30    abolishing  the  crossing  if  it meets the specific criteria
31    adopted by the Commission.
32        Except as otherwise provided in this subsection  (3),  in
33    no  instance  shall  a  grade  crossing be permanently closed
34    without public hearing first being held and  notice  of  such
 
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 1    hearing being published in an area newspaper of local general
 2    circulation.
 3        (4)  Freight   Trains   -   Radio   Communications.   The
 4    Commission  shall  after hearing and order require that every
 5    main line railroad freight train  operating  on  main  tracks
 6    outside  of  yard  limits within this State shall be equipped
 7    with a radio  communication  system.   The  Commission  after
 8    notice and hearing may grant exemptions from the requirements
 9    of this Section as to secondary and branch lines.
10        (5)  Railroad   Bridges   and   Trestles  -  Walkway  and
11    Handrail. In cases in which the Commission finds the same  to
12    be  practical and necessary for safety of railroad employees,
13    bridges and trestles, over and upon which railroad trains are
14    operated, shall  include  as  a  part  thereof,  a  safe  and
15    suitable walkway and handrail on one side only of such bridge
16    or  trestle,  and such handrail shall be located at the outer
17    edge of the walkway and shall provide a clearance of not less
18    than 8 feet, 6 inches, from the center line  of  the  nearest
19    track, measured at right angles thereto.
20        (6)  Packages   Containing  Articles  for  First  Aid  to
21    Injured on Trains. All rail carriers shall provide a  package
22    containing the articles prescribed by the Commission, on each
23    train  or engine, for first aid to persons who may be injured
24    in the course of the operation of such trains.
25        (7)  Abandoned Bridges, Crossings, and Other Rail  Plant.
26    The   Commission  shall  have  authority,  after  notice  and
27    hearing, to order:
28             (a)  The removal of any  abandoned  railroad  tracks
29        from roads, streets or other thoroughfares in this State;
30        and
31             (b)  The  removal  of  abandoned  overhead  railroad
32        structures crossing highways, waterways, or railroads.
33        The  Commission  may equitably apportion the cost of such
34    actions  between  the  rail  carrier  or   carriers,   public
 
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 1    utilities,  and  the  State,  county, municipality, township,
 2    road district, or other public authority in interest.
 3        (8)  Railroad-Highway  Bridge  Clearance.    A   vertical
 4    clearance  of  not  less  than  23 feet above the top of rail
 5    shall be  provided  for  all  new  or  reconstructed  highway
 6    bridges  constructed  over  a railroad track.  The Commission
 7    may permit a lesser clearance if it determines  that  the  23
 8    foot   clearance   standard  cannot  be  justified  based  on
 9    engineering, operational, and economic conditions.
10    (Source: P.A. 90-691, eff. 1-1-99; 91-725, eff. 6-2-00.)

11        Section 99.  Effective date.  This Act takes effect  upon
12    becoming law.