Illinois Compiled Statutes
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VEHICLES625 ILCS 5/Ch. 18C Sub-ch. 7
(625 ILCS 5/) Illinois Vehicle Code.
(625 ILCS 5/Ch. 18C Sub-ch. 7 heading)
625 ILCS 5/Ch 18C Sub 7 Art I
(625 ILCS 5/Ch 18C Sub 7 Art I heading)
JURISDICTION OVER RAIL CARRIERS.
625 ILCS 5/18c-7101
(625 ILCS 5/18c-7101)
(from Ch. 95 1/2, par. 18c-7101)
Jurisdiction Over Rail Carriers.
The jurisdiction of the
Commission under this Sub-chapter shall be exclusive and shall extend to
all intrastate and interstate rail carrier operations within this State,
except to the extent that its jurisdiction is preempted by valid provisions
of the Staggers Rail Act of 1980 or other valid federal statute, regulation, or
(Source: P.A. 85-406.)
625 ILCS 5/Ch 18C Sub 7 Art II
(625 ILCS 5/Ch 18C Sub 7 Art II heading)
REGISTRATION AND SERVICES
OF RAIL CARRIERS
625 ILCS 5/18c-7201
(625 ILCS 5/18c-7201)
(from Ch. 95 1/2, par. 18c-7201)
Registration as a Rail Carrier.
(1) General Provisions.
Except as provided in subsection (2) of this Section, no
person shall operate as a rail carrier, and no person shall
begin or continue construction of any track or other
facilities, other than the repair or replacement of existing
plant, for use in operations as a rail carrier unless such
person has registered with the Commission as a rail carrier.
Each rail carrier operating within the State of Illinois on
the effective date of this Chapter shall automatically be deemed,
as of that date, to have registered as a rail carrier for
purposes of this Section. Such constructive registration
shall expire on the 180th day after the effective date of this amendatory Act of 1985.
(Source: P.A. 84-796
625 ILCS 5/18c-7202
(625 ILCS 5/18c-7202)
(from Ch. 95 1/2, par. 18c-7202)
Duties and Obligations of Rail Carriers.
Each rail carrier shall provide adequate service to the public at
reasonable rates and without discrimination.
(Source: P.A. 84-796.)
625 ILCS 5/18c-7203
(625 ILCS 5/18c-7203)
(from Ch. 95 1/2, par. 18c-7203)
(Source: P.A. 84-796. Repealed by P.A. 90-257, eff. 7-30-97.)
625 ILCS 5/Ch 18C Sub 7 Art III
(625 ILCS 5/Ch 18C Sub 7 Art III heading)
625 ILCS 5/18c-7301
(625 ILCS 5/18c-7301)
(from Ch. 95 1/2, par. 18c-7301)
(Source: P.A. 84-796. Repealed by P.A. 90-257, eff. 7-30-97.)
625 ILCS 5/18c-7302
(625 ILCS 5/18c-7302)
(from Ch. 95 1/2, par. 18c-7302)
(Source: P.A. 84-796. Repealed by P.A. 90-257, eff. 7-30-97.)
625 ILCS 5/Ch 18C Sub 7 Art IV
(625 ILCS 5/Ch 18C Sub 7 Art IV heading)
SAFETY REQUIREMENTS FOR RAIL CARRIERS
625 ILCS 5/18c-7401
(625 ILCS 5/18c-7401)
(from Ch. 95 1/2, par. 18c-7401)
Safety Requirements for Track, Facilities, and
(1) General Requirements. Each rail carrier shall, consistent with rules,
orders, and regulations of the Federal Railroad Administration, construct,
maintain, and operate all of its equipment, track, and other property in this
State in such a manner as to pose no undue risk to its employees or the person
or property of any member of the public.
(2) Adoption of Federal Standards. The track safety standards and
accident/incident standards promulgated by the Federal Railroad Administration
shall be safety standards of the Commission. The Commission may, in addition,
adopt by reference in its regulations other federal railroad safety standards,
whether contained in federal statutes or in regulations adopted pursuant to
(3) Railroad Crossings. No public road, highway, or street shall hereafter
be constructed across the track of any rail carrier at grade, nor shall the
track of any rail carrier be constructed across a public road, highway or
street at grade, without having first secured the permission of the Commission;
provided, that this Section shall not apply to the replacement of lawfully
existing roads, highways and tracks.
No public pedestrian bridge or subway shall be constructed across the track
of any rail carrier without having first secured the permission of the
The Commission shall have the right to
refuse its permission or to grant it upon such terms and conditions as it may
The Commission shall have power to determine and prescribe the
manner, including the particular point of crossing, and the terms of
installation, operation, maintenance, use and protection of each such crossing.
The Commission shall also have power, after a hearing, to
require major alteration of or to abolish any crossing,
heretofore or hereafter established, when in its opinion, the
public safety requires such alteration or abolition, and,
except in cities, villages and incorporated towns of
1,000,000 or more inhabitants, to vacate and close that part
of the highway on such crossing altered or abolished and
cause barricades to be erected across such highway in such
manner as to prevent the use of such crossing as a highway,
when, in the opinion of the Commission, the public
convenience served by the crossing in question is not such as
to justify the further retention thereof; or to require a
separation of grades, at railroad-highway grade crossings; or to
separation of grades at any proposed crossing where a
proposed public highway may cross the tracks of any rail
carrier or carriers; and to prescribe, after a hearing of the parties,
the terms upon which such separations shall be made and the
proportion in which the expense of the alteration or
abolition of such crossings or the separation of such grades, having regard
to the benefits, if any, accruing to the rail carrier or any party in
shall be divided between the rail carrier or carriers affected, or
between such carrier or carriers and the State, county, municipality
or other public authority in interest.
However, a public hearing by the Commission to abolish a crossing shall not
when the public highway authority in interest vacates the highway. In such
the rail carrier, following notification to the Commission and the highway
authority, shall remove any grade crossing warning devices and the grade
The Commission shall also have power by its order to require
the reconstruction, minor alteration, minor relocation or
improvement of any crossing (including the necessary highway
approaches thereto) of any railroad across any highway or
public road, pedestrian bridge, or pedestrian subway, whether such crossing
be at grade
or by overhead
structure or by subway, whenever the Commission finds after a
hearing or without a hearing as otherwise provided in this
paragraph that such reconstruction, alteration, relocation or
improvement is necessary to preserve or promote the safety or
convenience of the public or of the employees or passengers
of such rail carrier or carriers. By its original order or
supplemental orders in such case, the Commission may direct such
reconstruction, alteration, relocation, or improvement to be
made in such manner and upon such terms and conditions as may
be reasonable and necessary
and may apportion the cost of
such reconstruction, alteration, relocation or improvement
and the subsequent maintenance thereof, having regard to the benefits, if
to the railroad or any party in interest,
between the rail
carrier or carriers and public utilities affected, or between such
carrier or carriers and public utilities and the State, county,
municipality or other public authority in interest. The cost
to be so apportioned shall include the cost of changes or
alterations in the equipment of public utilities affected as
well as the cost of the relocation, diversion or
establishment of any public highway, made necessary by such
reconstruction, alteration, relocation or improvement of said
crossing. A hearing shall not be required in those instances
when the Commission enters an order confirming a written
stipulation in which the Commission, the public highway
authority or other public authority in interest, the rail carrier or
affected, and in
instances involving the use of the Grade Crossing Protection
Fund, the Illinois Department of Transportation, agree on the
reconstruction, alteration, relocation, or improvement and
the subsequent maintenance thereof and the division of costs
of such changes of any grade crossing (including the
necessary highway approaches thereto) of any railroad across
any highway, pedestrian bridge, or pedestrian subway.
Every rail carrier operating in the State of Illinois shall
construct and maintain every highway crossing over its tracks
within the State so that the roadway at the intersection
shall be as flush with the rails as superelevated curves will
allow, and, unless otherwise ordered by the Commission, shall
construct and maintain the approaches thereto at a grade of
not more than 5% within the right of way for a distance of
not less the 6 feet on each side of the centerline of such
tracks; provided, that the grades at the approaches may be
maintained in excess of 5% only when authorized by the
Every rail carrier operating within this State shall remove
from its right of way at all railroad-highway grade crossings within the
State, such brush, shrubbery, and trees as is reasonably
practical for a distance of not less than 500 feet in either
direction from each grade crossing.
The Commission shall have power, upon its own motion, or upon
complaint, and after having made proper investigation, to
require the installation of adequate and appropriate luminous
reflective warning signs, luminous flashing
gates illuminated at night, or other protective devices
order to promote and safeguard the health and safety of the
Luminous flashing signal or crossing gate
devices installed at grade crossings, which have been approved
by the Commission, shall be deemed adequate and appropriate.
The Commission shall have authority to determine the number,
type, and location of such signs, signals, gates, or other
protective devices which, however, shall conform as near as
may be with generally recognized national standards, and the
Commission shall have authority to prescribe the division of
the cost of the installation and subsequent maintenance of
such signs, signals, gates, or other protective
devices between the rail carrier or carriers, the public highway
authority or other public authority in
interest, and in instances involving the use of the Grade
Crossing Protection Fund, the Illinois Department of
Except where train crews provide flagging of the crossing to road users, yield signs shall be installed at all highway intersections with every grade crossing in this State that is not equipped with automatic warning devices, such as luminous flashing signals or crossing gate devices. A stop sign may be used in lieu of the yield sign when an engineering study conducted in cooperation with the highway authority and the Illinois Department of Transportation has determined that a stop sign is warranted. If the Commission has ordered the installation of luminous flashing signal or
crossing gate devices at a grade crossing not equipped with active warning devices, the Commission shall order the
installation of temporary stop signs at the highway intersection with the grade
crossing unless an engineering study has determined that a stop sign is not appropriate. If a stop sign is not appropriate, the Commission may order the installation of other appropriate supplemental signing as determined by an engineering study. The temporary signs shall remain in place until the luminous
flashing signal or crossing gate devices have been installed.
The rail carrier is responsible for the installation and subsequent
maintenance of any required signs.
The permanent signs shall be in place by July 1, 2011.
No railroad may change or modify the warning device system at a
railroad-highway grade crossing, including warning systems interconnected with
highway traffic control signals, without having first received the approval of
the Commission. The Commission shall have the further power, upon application,
upon its own motion, or upon
complaint and after having made proper investigation, to require
the interconnection of grade crossing warning devices with traffic control
signals at highway intersections located at or near railroad crossings within
the distances described by the State Manual on Uniform Traffic Control Devices
adopted pursuant to Section 11-301 of this Code. In addition, State and local
authorities may not install, remove, modernize, or otherwise modify traffic
control signals at a highway intersection that is interconnected or proposed to
be interconnected with grade crossing warning devices when the change affects
the number, type, or location of traffic control devices on the track approach
leg or legs of the intersection or the timing of the railroad preemption
sequence of operation until the Commission has approved the installation,
removal, modernization, or modification.
Commission approval shall be limited to consideration of
issues directly affecting the public safety at the railroad-highway grade
crossing. The electrical circuit devices, alternate warning devices, and
preemption sequences shall conform as nearly as possible, considering the
particular characteristics of the crossing and
intersection area, to the State manual adopted by the Illinois Department of
Transportation pursuant to Section 11-301 of this Code and such federal
standards as are made applicable by subsection (2) of this Section. In order
to carry out this authority, the Commission shall have the authority to
determine the number, type, and location of traffic control devices on the
track approach leg or legs of the intersection and the timing of the railroad
preemption sequence of operation.
The Commission shall prescribe the division of costs for installation and
maintenance of all devices required by this paragraph between the railroad or
railroads and the highway authority in interest and in instances involving the
use of the Grade Crossing Protection Fund or a State highway, the Illinois
Department of Transportation.
Any person who unlawfully or maliciously removes, throws
down, damages or defaces any sign, signal, gate or other
protective device, located at or near any public grade
crossing, shall be guilty of a petty offense and fined not
less than $50 nor more than $200 for each offense. In
addition to fines levied under the provisions of this
Section a person adjudged guilty hereunder may also be
directed to make restitution for the costs of repair or
replacement, or both, necessitated by his misconduct.
It is the public policy of the State of Illinois to enhance public safety
by establishing safe grade crossings. In order to implement this policy, the
Illinois Commerce Commission is directed to conduct public hearings and to
adopt specific criteria by July 1, 1994, that shall be adhered to by the
Illinois Commerce Commission in determining if a grade crossing should be
opened or abolished. The following factors shall be considered by the
Illinois Commerce Commission in developing the specific criteria for opening
and abolishing grade crossings:
(a) timetable speed of passenger trains;
(b) distance to an alternate crossing;
(c) accident history for the last 5 years;
(d) number of vehicular traffic and posted speed
(e) number of freight trains and their timetable
(f) the type of warning device present at the grade
(g) alignments of the roadway and railroad, and the
angle of intersection of those alignments;
(h) use of the grade crossing by trucks carrying
hazardous materials, vehicles carrying passengers for hire, and school buses; and
(i) use of the grade crossing by emergency vehicles.
The Illinois Commerce Commission, upon petition to open or abolish a grade
crossing, shall enter an order opening or abolishing the crossing if it meets
the specific criteria adopted by the Commission.
Except as otherwise provided in this subsection (3), in no instance shall
a grade crossing be permanently closed
without public hearing first being held and notice of such
hearing being published in an area newspaper of local general
(4) Freight Trains - Radio Communications.
The Commission shall after hearing and order require that
every main line railroad freight train operating on main
tracks outside of yard limits within this State shall be
equipped with a radio communication system. The Commission
after notice and hearing may grant exemptions from the
requirements of this Section as to secondary and branch
(5) Railroad Bridges and Trestles - Walkway and Handrail.
In cases in which the Commission finds the same to be
practical and necessary for safety of railroad employees,
bridges and trestles, over and upon which railroad trains are
operated, shall include as a part thereof, a safe and
suitable walkway and handrail on one side only of such bridge
or trestle, and such handrail shall be located at the outer
edge of the walkway and shall provide a clearance of not less
than 8 feet, 6 inches, from the center line of the nearest
track, measured at right angles thereto.
(6) Packages Containing Articles for First Aid to Injured on Trains.
(a) All rail carriers shall provide a first aid kit
that contains, at a minimum, those articles prescribed by the Commission, on each train or engine, for first aid to persons who may be injured in the course of the operation of such trains.
(b) A vehicle, excluding a taxi cab used in an
emergency situation, operated by a contract carrier transporting railroad employees in the course of their employment shall be equipped with a readily available first aid kit that contains, as a minimum, the same articles that are required on each train or engine.
(7) Abandoned Bridges, Crossings, and Other Rail Plant.
The Commission shall have authority, after notice and hearing, to order:
(a) The removal of any abandoned railroad tracks from
roads, streets or other thoroughfares in this State; and
(b) The removal of abandoned overhead railroad
structures crossing highways, waterways, or railroads.
The Commission may equitably apportion the cost of such
actions between the rail carrier or carriers, public utilities, and
the State, county, municipality, township, road district, or
other public authority in interest.
(8) Railroad-Highway Bridge Clearance. A vertical clearance of not less
than 23 feet
above the top of rail shall be provided for all new or reconstructed highway
bridges constructed over a railroad track. The Commission may permit a lesser
clearance if it determines
that the 23 foot clearance standard cannot be justified based on
engineering, operational, and economic conditions.
(Source: P.A. 96-470, eff. 8-14-09; 97-374, eff. 1-1-12.)
625 ILCS 5/18c-7401.1
(625 ILCS 5/18c-7401.1)
Rules for safe railroad worker walkways.
Within 90 days after the effective date of this amendatory Act of the 93rd General Assembly, the Commission shall adopt rules regarding safe walkways for railroad workers in areas where work is regularly performed on the ground. The rules must include, at a minimum, a requirement that any walkway (i) have a reasonably uniform surface, (ii) be maintained in a safe condition, and (iii) be reasonably free of obstacles, debris, and other hazards.
(Source: P.A. 93-791, eff. 7-22-04.)
625 ILCS 5/18c-7402
(625 ILCS 5/18c-7402)
(from Ch. 95 1/2, par. 18c-7402)
Safety Requirements for Railroad Operations.
(1) Obstruction of Crossings.
(a) Obstruction of Emergency Vehicles. Every railroad
shall be operated in such a manner as to minimize obstruction of emergency vehicles at crossings. Where such obstruction occurs and the train crew is aware of the obstruction, the train crew shall immediately take any action, consistent with safe operating procedure, necessary to remove the obstruction. In the Chicago and St. Louis switching districts, every railroad dispatcher or other person responsible for the movement of railroad equipment in a specific area who receives notification that railroad equipment is obstructing the movement of an emergency vehicle at any crossing within such area shall immediately notify the train crew through use of existing communication facilities. Upon notification, the train crew shall take immediate action in accordance with this paragraph.
(b) Obstruction of Highway at Grade Crossing
Prohibited. It is unlawful for a rail carrier to permit any train, railroad car or engine to obstruct public travel at a railroad-highway grade crossing for a period in excess of 10 minutes, except where such train or railroad car is continuously moving or cannot be moved by reason of circumstances over which the rail carrier has no reasonable control.
In a county with a population of greater than 1,000,000, as determined by
the most recent federal census, during the
hours of 7:00 a.m. through 9:00 a.m. and 4:00 p.m. through 6:00 p.m. it is
unlawful for a rail carrier to permit any single train or railroad car to
public travel at a railroad-highway grade crossing in excess of a total of 10
minutes during a 30 minute period, except where the train or railroad
cannot be moved by reason or circumstances over which the rail carrier has no
reasonable control. Under no circumstances will a moving train be stopped for
the purposes of
issuing a citation related to this Section.
However, no employee acting under the rules or orders of the rail carrier or
its supervisory personnel may be prosecuted for a violation of this
(c) Punishment for Obstruction of Grade Crossing. Any
rail carrier violating paragraph (b) of this subsection shall be guilty of a petty offense and fined not less than $200 nor more than $500 if the duration of the obstruction is in excess of 10 minutes but no longer than 15 minutes. If the duration of the obstruction exceeds 15 minutes the violation shall be a business offense and the following fines shall be imposed: if the duration of the obstruction is in excess of 15 minutes but no longer than 20 minutes, the fine shall be $500; if the duration of the obstruction is in excess of 20 minutes but no longer than 25 minutes, the fine shall be $700; if the duration of the obstruction is in excess of 25 minutes, but no longer than 30 minutes, the fine shall be $900; if the duration of the obstruction is in excess of 30 minutes but no longer than 35 minutes, the fine shall be $1,000; if the duration of the obstruction is in excess of 35 minutes, the fine shall be $1,000 plus an additional $500 for each 5 minutes of obstruction in excess of 25 minutes of obstruction.
(2) Other Operational Requirements.
(a) Bell and Whistle-Crossings. Every rail carrier
shall cause a bell, and a whistle or horn to be placed and kept on each locomotive, and shall cause the same to be rung or sounded by the engineer or fireman, at the distance of a least 1,320 feet, from the place where the railroad crosses or intersects any public highway, and shall be kept ringing or sounding until the highway is reached; provided that at crossings where the Commission shall by order direct, only after a hearing has been held to determine the public is reasonably and sufficiently protected, the rail carrier may be excused from giving warning provided by this paragraph.
(a-5) The requirements of paragraph (a) of this
subsection (2) regarding ringing a bell and sounding a whistle or horn do not apply at a railroad crossing that has a permanently installed automated audible warning device authorized by the Commission under Section 18c-7402.1 that sounds automatically when an approaching train is at least 1,320 feet from the crossing and that keeps sounding until the lead locomotive has crossed the highway. The engineer or fireman may ring the bell or sound the whistle or horn at a railroad crossing that has a permanently installed audible warning device.
(b) Speed Limits. Each rail carrier shall operate its
trains in compliance with speed limits set by the Commission. The Commission may set train speed limits only where such limits are necessitated by extraordinary circumstances effecting the public safety, and shall maintain such train speed limits in effect only for such time as the extraordinary circumstances prevail.
The Commission and the Department of Transportation
shall conduct a study of the relation between train speeds and railroad-highway grade crossing safety. The Commission shall report the findings of the study to the General Assembly no later than January 5, 1997.
(c) Special Speed Limit; Pilot Project. The
Commission and the Board of the Commuter Rail Division of the Regional Transportation Authority shall conduct a pilot project in the Village of Fox River Grove, the site of the fatal school bus accident at a railroad crossing on October 25, 1995, in order to improve railroad crossing safety. For this project, the Commission is directed to set the maximum train speed limit for Regional Transportation Authority trains at 50 miles per hour at intersections on that portion of the intrastate rail line located in the Village of Fox River Grove. If the Regional Transportation Authority deliberately fails to comply with this maximum speed limit, then any entity, governmental or otherwise, that provides capital or operational funds to the Regional Transportation Authority shall appropriately reduce or eliminate that funding. The Commission shall report to the Governor and the General Assembly on the results of this pilot project in January 1999, January 2000, and January 2001. The Commission shall also submit a final report on the pilot project to the Governor and the General Assembly in January 2001. The provisions of this subsection (c), other than this sentence, are inoperative after February 1, 2001.
(3) Report and Investigation of Rail Accidents.
(a) Reports. Every rail carrier shall report to the
Commission, by the speediest means possible, whether telephone, telegraph, or otherwise, every accident involving its equipment, track, or other property which resulted in loss of life to any person. In addition, such carriers shall file a written report with the Commission. Reports submitted under this paragraph shall be strictly confidential, shall be specifically prohibited from disclosure, and shall not be admissible in any administrative or judicial proceeding relating to the accidents reported.
(b) Investigations. The Commission may investigate
all railroad accidents reported to it or of which it acquires knowledge independent of reports made by rail carriers, and shall have the power, consistent with standards and procedures established under the Federal Railroad Safety Act, as amended, to enter such temporary orders as will minimize the risk of future accidents pending notice, hearing, and final action by the Commission.
(Source: P.A. 91-675, eff. 6-1-00; 92-284, eff. 8-9-01
625 ILCS 5/18c-7402.1
(625 ILCS 5/18c-7402.1)
Pilot projects; automated
audible warning devices.
(a) The General Assembly finds and declares that, for
the communities of the State that are traversed by
railroads, there is a growing need to mitigate train horn
noise without compromising the safety of the public.
Therefore, after applications are filed and approved by the
Commission, the Commission shall authorize pilot projects
in the counties of Cook, DuPage, Lake, and Will to test the
utility and safety of stationary automated audible warning
devices as an alternative to trains having to sound their
horns as they approach highway-rail crossings.
(b) In light of the pending proposed ruling by the
Federal Railroad Administration on the use of locomotive
horns at all highway-rail crossings across the nation, it
is in the best interest of the State for the
Commission to expedite the pilot projects in order to
contribute data to the federal rulemaking process regarding
the possible inclusion of stationary automated warning
devices in the counties of Cook, DuPage, Lake, and Will as
a safety measure option to the proposed federal rule.
(c) The Commission shall adopt rules for implementing
the pilot projects in the counties of Cook, DuPage, Lake,
(Source: P.A. 92-284, eff. 8-9-01.)
625 ILCS 5/18c-7402.5
(625 ILCS 5/18c-7402.5)
(Source: P.A. 90-187, eff. 1-1-98. Repealed internally, eff. 2-1-01.)
625 ILCS 5/18c-7403
(625 ILCS 5/18c-7403)
(from Ch. 95 1/2, par. 18c-7403)
Enforcement and Waiver of Safety Requirements.
Except with regard to grade crossing obstructions under
Section 18c-7402 of this Chapter and trespass on railroad rights of way and
yards under Section 18c-7503 of this Chapter, jurisdiction to initiate
actions to enforce provisions of this Chapter is vested
exclusively in the Commission. Where a valid federal
statute, regulation, or order sets forth procedures or
sanctions for violation of safety standards, and such
procedures or sanctions are preemptive of state law, the
Commission shall exercise its enforcement jurisdiction under
this Article in accordance therewith. Otherwise, the
provisions of this Chapter regarding enforcement procedures and
sanctions shall apply.
The Commission may waive any of the safety requirements under
this Article if continued adherence to the requirement or requirements is
not required for the safety of railroad employees or the
(Source: P.A. 90-257, eff. 7-30-97.)
625 ILCS 5/18c-7404
(625 ILCS 5/18c-7404)
(from Ch. 95 1/2, par. 18c-7404)
Transportation of Hazardous Materials by Rail Carriers.
(1) Commission to Regulate Hazardous Materials Transportation by Rail Carrier.
(a) Powers of the Commission. The Commission is authorized to regulate the
transportation of hazardous materials by rail carrier by:
(i) Adopting by reference the hazardous materials
regulations of the Office of Hazardous Materials Transportation and
the Federal Railroad Administration of the United
States Department of Transportation, as amended;
(ii) Conducting investigations, issuing subpoenas, taking depositions,
requiring the production of relevant documents, records and property, and
conducting hearings in aid of such investigations;
(iii) Conducting a continuing review of all aspects of
hazardous materials transportation by rail carrier
to determine and recommend actions necessary to
insure safe transportation of such materials;
(iv) Undertaking, directly or indirectly, research,
development, demonstration and training activities;
(v) Cooperating with other State agencies and enter into
interagency agreements; and
(vi) Entering upon, inspecting and examining the records and
properties relating to the transportation of hazardous materials by rail,
including all portions of any facility used in the loading, unloading, and
actual movement of such materials, or in the storage of such materials
incidental to actual movement by rail;
(vii) Stopping and inspecting trains, at reasonable times and
locations and in a reasonable manner, or taking any
other action necessary to administer or enforce the
provisions of this Section.
(b) Scope of Section. The provisions of this Section apply generally to
the transportation of hazardous materials by rail carrier within the State
of Illinois, but do not apply to:
(i) Natural gas pipelines;
(ii) Transportation of firearms or ammunition for
personal use or in commerce; or
(iii) Transportation exempted by the Commission where the
exemption granted by the Commission is:
(A) Coextensive with an exemption granted by the
Office of Hazardous Materials and the Federal
Railroad Administration; or
(B) Otherwise exempt under statutes or regulations
governing similar transportation in interstate commerce.
(c) Rail Carriers to Comply with Commission Regulations.
No person shall transport hazardous materials by rail
carrier except in compliance with this Section,
Commission regulations and orders.
(a) Criminal Penalties. Any person who willfully violates the provisions
of this Section, Commission regulations or orders shall have committed a
class 3 felony and be subject to criminal penalties in an amount not to
(b) Civil Penalties. Any person who knowingly violates the provisions of
this Section, Commission regulations or orders shall also be subject to
civil penalties in an amount not to exceed $10,000.
(c) Injunctive Relief. The Commission may petition any circuit court
with venue and jurisdiction to enforce this Chapter to enjoin actions which
it has reason to believe may pose an imminent hazard, and to issue such
other orders as will eliminate or ameliorate the imminent hazard. As used
in this Section, "imminent hazard" means a substantial likelihood that
death, serious illness, or severe personal injury will occur prior to the
time during which an administrative proceeding to abate the danger could
normally be completed.
(3) Commission to Adopt Regulations. The Commission may adopt
regulations governing the transportation of hazardous materials by rail carrier where:
(a) The risk created by such transportation is susceptible to
control by regulation;
(b) State regulation would be more effective in controlling
the risk than federal regulation; and
(c) The regulations adopted by the Commission are not
inconsistent with federal regulations.
(Source: P.A. 85-815.)
625 ILCS 5/18c-7405
(625 ILCS 5/18c-7405)
(a) Every Class I and Class II rail carrier, according to federal regulations,
operating in this State
must establish a counseling or trauma program and provide or make available
counseling or other critical incident stress debriefing services to each member
of an operating crew directly involved in an accident that results in loss of
life or serious bodily injury on its railway or right-of-way.
(b) Each Class I and Class II rail carrier, according to federal regulations,
operating in this State must file its counseling or trauma program
with the processing section of the Transportation Division of the Illinois
Commerce Commission, whose sole responsibility under this Section shall be to
receive the program and make it available
for public inspection. Each rail carrier subject to this subsection (b) must review and update its counseling or trauma program filing every 3 years, at the request of the Commission. Programs may be filed by mail or electronic mail. Electronic filings shall be submitted to an email address designated by the Commission.
(Source: P.A. 97-963, eff. 8-15-12.)
625 ILCS 5/18c-7406
(625 ILCS 5/18c-7406)
Closure of at-grade crossings; bicycle and pedestrian trails.
When considering the closure of an at-grade railroad crossing to public use, the Commission shall consider the status of the crossing as an element of a bicycle and pedestrian trail funded under the federal Transportation Equity Act for the 21st Century (TEA-21) and its successor Acts.
(Source: P.A. 94-304, eff. 7-21-05.)
625 ILCS 5/Ch 18C Sub 7 Art V
(625 ILCS 5/Ch 18C Sub 7 Art V heading)
625 ILCS 5/18c-7501
(625 ILCS 5/18c-7501)
(from Ch. 95 1/2, par. 18c-7501)
If any rail carrier shall be unable to agree with the owner for
the purchase of any real estate required for the purposes of its
incorporation, or the transaction of its business, or for its
depots, station buildings, machine and repair shops, or for right
of way or any other lawful purpose connected with or necessary to
the building, operating or running of such rail carrier, such may
acquire such title in the manner that may be now or hereafter
provided for by the law of eminent domain.
A rail carrier may exercise quick take powers of eminent domain as provided
in Article 20 of the Eminent Domain Act,
when all of the following conditions are met: (1) the complaint for
condemnation is filed within one year of the effective date of this
amendatory Act of 1988; (2) the purpose of the condemnation proceeding is
to acquire land for the construction of an industrial harbor railroad port;
and (3) the total amount of land to be acquired for that purpose is less
than 75 acres and is adjacent to the Illinois River.
(Source: P.A. 94-1055, eff. 1-1-07.)
625 ILCS 5/18c-7502
(625 ILCS 5/18c-7502)
(from Ch. 95 1/2, par. 18c-7502)
Malicious removal of or damage to railroad property or
(a) Malicious removal of or damage to railroad property or freight. A person is guilty of an offense if he or she is found to
(i) removed, taken, stolen, changed, added to, taken
from, or in any manner changed, defaced, or interfered with any of the parts or attachments of any locomotive or car, or any plant or property used in or in connection with the operation of any railroad carrier, locomotive, car, or train, or shoots, throws, or drops any object onto or at any train, locomotive, or car;
(ii) willfully and with intent to permanently deprive
the owner thereof, taken or removed railroad freight from any freight car, including a boxcar, container, or flatbed;
(iii) bought or received any of the railroad freight
described in item (ii), having reason to know that such freight was stolen; or
(iv) willfully placed upon an active railroad track
or railroad right of way any object or objects that would adversely affect safe railroad operations.
(1) If the railroad property damage does not exceed
$500 and no bodily injury occurs to another as a result of a violation of this Section, the person shall be guilty of a Class A misdemeanor. Upon being found in violation of item (i) of subsection (a), the person shall, in addition to such other sanctions as may be deemed appropriate by the court, be subject to pay the railroad carrier involved the cost to repair any railroad property damaged, and to perform community service for not less than 30 hours or more than 120 hours. If community service is not available in the jurisdiction where the offense was committed, that person shall be subject to pay a fine of not less than $150 or more than $1,000, or imprisonment for not less than 5 days or more than 1 year, or both. If railroad property damage exceeds $500 or bodily injury occurs to another as a result of a violation of this Section, the person shall be guilty of a Class 4 felony. Upon being found in violation of item (i) of subsection (a), the person shall, in addition to such other sanctions as may be deemed appropriate by the court, be subject to pay the railroad carrier involved for the cost to repair any railroad property damaged, and shall be fined not less than $1,000, nor more than $25,000, or imprisonment for not less than 1 year, or more than 3 years, or both. If serious bodily injury or death occurs to another as a result of a violation of item (i) of subsection (a), the person shall be guilty of a Class 2 felony and shall, in addition to such sanctions as may be deemed appropriate by the court, be subject to pay the railroad carrier involved the cost to repair any railroad property damaged, and shall be fined not less than $5,000 nor more than $25,000, or imprisonment for not less than 3 years nor more than 7 years, or both. If any such action is malicious and is the cause of wrecking any train, locomotive, or car in this State whereby the life of any person is lost, the person found guilty thereof shall be liable for first degree murder and the person shall be subject to pay the railroad carrier involved the cost to repair any railroad property damaged.
(2) Upon being found in violation of item (ii),
(iii), or (iv) the person shall be guilty of a Class 4 felony. In addition to such other sanctions as may be deemed appropriate by the court, the person shall be subject to pay the railroad carrier involved for the cost to repair any railroad property damaged, and shall be fined not less than $1,000, nor more than $25,000, or imprisoned for not less than 1 year nor more than 3 years.
(3) Local authorities shall impose fines as
established in this subsection (b) for persons found in violation of this Section or any similar local ordinance.
(c) Definitions. As used in this Section:
"Bodily injury" means:
(i) a cut, abrasion, bruise, bump, or disfigurement;
(ii) physical pain;
(iv) impairment of the function of a bodily member,
organ, or mental faculty; or
(v) any other injury to the body, no matter how
"Railroad" means any form of nonhighway ground transportation that runs on
electromagnetic guideways, including:
(i) commuter or other short-haul railroad passenger
service in a metropolitan or urban area; and
(ii) high-speed ground transportation systems that
connect metropolitan areas, but does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
"Railroad carrier" means a person providing railroad transportation.
"Railroad property" means all tangible property owned, leased, or operated
by a railroad
carrier including a right of way, track, bridge, yard, shop, station, tunnel,
depot, warehouse, terminal, or any other structure, appurtenance, or equipment
or used in the operation of any railroad carrier including trains, locomotives,
cars, work equipment, rolling stock, or safety devices. "Railroad property"
not include a
railroad carrier's administrative buildings or offices, office equipment, or
such as software or other information.
"Right of way" means the track or roadbed
owned, leased, or operated by a rail carrier that is located on either side
of its tracks
and that is readily recognizable to a reasonable person as being railroad
property or is
reasonably identified as such by fencing or appropriate signs.
"Yard" means a system of parallel tracks, crossovers, and switches where
railroad cars are
switched and made up into trains, and where railroad cars, locomotives, and
stock is kept when not in use or when awaiting repair.
"Serious bodily injury" means bodily injury that involves:
(i) a substantial risk of death;
(ii) extreme physical pain;
(iii) protracted and obvious disfigurement; or
(iv) protracted loss or impairment of the function of
a bodily member, organ, or mental faculty.
(Source: P.A. 96-1132, eff. 1-1-11.)
625 ILCS 5/18c-7503
(625 ILCS 5/18c-7503)
(from Ch. 95 1/2, par. 18c-7503)
Trespassing on railroad property; terminal security.
(1) Trespassing on railroad property prohibited.
(a) General prohibition. Except as otherwise provided
in paragraph (b) of this subsection, no person may:
(i) walk, ride, drive or be upon or along the
right of way or rail yard of a rail carrier within the State, at a place other than a public crossing;
(ii) enter or be
upon any railroad property;
(iii) without lawful authority or the railroad
carrier's consent, ride on the outside of a train or inside a passenger car, locomotive, or freight car, including a box car, flatbed, or container;
(iv) willfully lead or contrive any animal to go
upon the railroad's rights of way for any reason other than to pass over such rights of way at a marked public crossing; or
(v) throw or cause to be thrown on to the
railroad's rights of way any waste paper, ashes, household waste, glass, metal, tires, refuse, or rubbish.
This subsection shall not apply to:
(i) fare paying passengers on trains or employees
(ii) railroad employees and an authorized
representative of rail carrier employees, while performing required duties in accordance with reasonable rail carrier company guidelines;
(iii) a person going upon the right of way or
into the rail yard to save human life or to remove an object that a reasonable person would believe poses an imminent threat to human life or limb;
(iv) a person being on the station grounds or in
the depot of the rail carrier for the purpose of transacting business;
(v) a person, his family, or his employees or
agents going across a farm crossing, as defined in this Chapter, for the purpose of crossing from one part to another part of a farm he owns or leases, where the farm lies on both sides of the right of way;
(vi) a person having written permission from the
rail carrier to go upon the right of way or into the rail yard;
(vii) representatives of local, State, and
federal governmental agencies in performance of their official duties; and
(viii) a person having written permission from
the rail carrier to go in or be upon railroad property.
(a) Any person found in violation of item (i), (ii),
(iii) or (iv) of paragraph (a) of subsection (1) shall be guilty of a Class C misdemeanor for a first offense. In addition to such other sanctions as may be deemed appropriate by the court, the person shall be subject to a mandatory fine of not less than $150 or more than $500, or to imprisonment for not less than 5 days nor more than 30 days, or both. For each subsequent offense, the person shall be guilty of a Class A misdemeanor. In addition to such sanctions as may be deemed appropriate by the court, the person shall be subject to a mandatory fine of not less than $500 nor more than $1,000, or to imprisonment for not less than 10 days or more than one year, or both.
(b) Any person found in violation of item (v) of
paragraph (a) of subsection (1) shall be guilty of an offense and in addition to such sanctions as may be deemed appropriate by the court shall be subject to a fine of not less than $100 nor more than $500, or community service of not less than 8 hours nor more than 50 hours, or both. If damage to any railroad property or bodily injury occurs to another as a result of a violation of item (v) of paragraph (a) of subsection (1), that person shall be charged with the offense of Malicious Removal of or Damage to Railroad Property or Freight pursuant to Section 18c-7502.
(c) Local authorities shall impose fines as
established in paragraphs (a) and (b) of this subsection (2) for persons found in violation of this Section or any similar local ordinance.
(2.5) Terminal security. The owner of a terminal is expressly authorized, within the terminal property, to construct and operate berms, commercially constructed electric fences, and monitoring equipment as security measures for reducing the economic impact of theft, enhancing homeland security, and improving the protection of the general public welfare. The terminal owner shall properly operate and maintain these security measures. Any electric fence installed pursuant to this subsection shall: (i) be marked with appropriate signs; (ii) be entirely surrounded at a distance of at least 36 inches by properly maintained non-electric perimeter fences at least 8 feet tall; (iii) operate at a level of current that is not lethal to a human being upon contact; (iv) be covered at all times by an insurance policy maintained by the operator of the terminal for liability from claims arising out of the operation of the fence in an amount not less than $10,000,000 per occurrence; and (v) be regularly monitored and inspected by a qualified electrician. The use of any of these security measures in accordance with this subsection is not a violation of this Sub-chapter.
(3) Definitions. For purposes of this Section:
"Passenger" means a person
who is traveling by train with lawful authority and who does not participate in
operation. The term "passenger" does not include stowaways.
any form of
nonhighway ground transportation that runs on rails or electromagnetic
(i) commuter or other short-haul railroad
passenger service in a metropolitan or urban area; and
(ii) high-speed ground transportation systems
that connect metropolitan areas; but does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
"Railroad carrier" means a person providing railroad transportation.
"Railroad property" means all tangible property owned, leased, or operated by
carrier including a right of way, track, bridge, yard, shop, station, tunnel,
viaduct, trestle, depot,
warehouse, terminal, or any other structure, appurtenance, or equipment owned,
leased, or used
in the operation of any railroad carrier including trains, locomotives,
railroad cars, work
equipment, rolling stock, or safety devices.
"Railroad property" does not include a railroad
carrier's administrative buildings or offices, office equipment, or intangible
property such as
software or other information.
"Right of way" means
the track or roadbed owned, leased, or operated by a rail
carrier which is located on
either side of its tracks and which is readily recognizable to a reasonable
person as being railroad property or is reasonably
identified as such
by fencing or appropriate signs.
"Terminal" means a rail terminal facility, intermodal facility where at least one mode of transportation serviced by the facility is a railroad, or other railroad freight facility larger than 25 acres.
"Yard" means a system of parallel tracks, crossovers, and switches where
railroad cars are
switched and made up into trains, and where railroad cars, locomotives, and
other rolling stock
is kept when not in use or when awaiting repair.
(Source: P.A. 94-736, eff. 5-1-06.)
625 ILCS 5/18c-7504
(625 ILCS 5/18c-7504)
(from Ch. 95 1/2, par. 18c-7504)
Construction of Fences, Farm Crossings, and
Damages. (1) Fencing.
Every rail carrier shall, within 6 months after any
part of its line is open for use, erect and thereafter
maintain fences on both sides of its road or so much thereof
as is open for use, suitable and sufficient to prevent
cattle, horses, sheep, hogs or other livestock from getting
on such railroad, provided that the other 3 sides of
the property are enclosed, except at the crossings of public
roads and highways, and within such portion of cities and
incorporated towns and villages as are or may be hereafter
laid out and platted into lots and blocks, with gates at the
farm crossings of such railroad, which farm crossings shall
be constructed by such rail carrier when and where the same
may become necessary, for the use of the proprietors of the
lands adjoining such railroad; and when such fences are not
made as aforesaid, or when such fences are not kept in good
repair, such rail carrier shall be liable for all damages
which may be done by the agents, engines or cars of such rail
carrier, to such cattle, horses, sheep, hogs or other
livestock thereof, and reasonable attorney's fees in any
court wherein suit is brought for such damages, or to which
the same may be appealed; but where such fences have been
duly made and kept in good repair, such rail carrier shall
not be liable for any such damages, unless negligently or
If the rail carrier, after being notified, shall refuse to
build or repair such fence, gates, or farm crossings, in
accordance with the provisions of this, Section, the owner or
occupant of the land required to be fenced shall be entitled
to an order from any court of competent jurisdiction
requiring the rail carrier to build or repair such fence,
gates, or farm crossing and may recover interest at one
percent per month of the cost of such building or
repair, from the time the crossing or repair was requested,
as damage in the circuit court, together with costs to be
taxed by the court.
(Source: P.A. 84-796.)