(70 ILCS 3615/2.11) (from Ch. 111 2/3, par. 702.11)
Sec. 2.11.
Safety.
(a) The Service Boards may establish, enforce and facilitate
achievement and
maintenance of standards of safety against accidents with respect to public
transportation provided by the Service Boards or by transportation
agencies
pursuant to purchase of service agreements with the Service Boards. The
provisions of general or special orders, rules or regulations issued by the
Illinois Commerce Commission pursuant to Section 57 of "An Act concerning
public utilities", approved June 29, 1921, as amended, which pertain to
public transportation and public transportation facilities of railroads
will continue to apply until the Service Board determines
that different
standards are necessary to protect such health and safety.
(b) To the extent required by 49 CFR Part 659 as now or hereafter amended,
the Authority shall develop and adopt a system safety program standard for the
safety of rail fixed guideway systems and the personal security of the systems'
passengers and employees and shall establish procedures for safety and security
reviews, investigations, and oversight reporting. The Authority shall require
the applicable Service Boards to comply with the requirements of 49 CFR Part
659 as now or hereafter amended. The Authority may contract for the services
of a qualified consultant to comply with this subsection.
(c) The security portion of the system safety program, investigation
reports, surveys, schedules, lists, or data compiled, collected, or prepared by
or for the Authority under this subsection, shall not be subject to discovery
or admitted into evidence in federal or State court or considered for other
purposes in any civil action for damages arising from any matter mentioned or
addressed in such reports, surveys, schedules, lists, data, or information.
(d) Neither the Authority nor its directors, officers, or employees nor any
Service Board subject to this Section nor its directors, officers, or employees
shall be held liable in any civil action for any injury to any person or
property for any acts or omissions or failure to act under this Section or
pursuant to 49 CFR Part 659 as now or hereafter amended.
(Source: P.A. 90-273, eff. 7-30-97.)
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