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|[ House Amendment 001 ]|
91_HB0431 LRB9101378KSgc 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Section 18c-7401. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 changing Section 18c-7401 as follows: 7 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401) 8 Sec. 18c-7401. Safety Requirements for Track, 9 Facilities, and Equipment. 10 (1) General Requirements. Each rail carrier shall, 11 consistent with rules, orders, and regulations of the Federal 12 Railroad Administration, construct, maintain, and operate all 13 of its equipment, track, and other property in this State in 14 such a manner as to pose no undue risk to its employees or 15 the person or property of any member of the public. 16 (2) Adoption of Federal Standards. The track safety 17 standards and accident/incident standards promulgated by the 18 Federal Railroad Administration shall be safety standards of 19 the Commission. The Commission may, in addition, adopt by 20 reference in its regulations other federal railroad safety 21 standards, whether contained in federal statutes or in 22 regulations adopted pursuant to such statutes. 23 (3) Railroad Crossings. No public road, highway, or 24 street shall hereafter be constructed across the track of any 25 rail carrier at grade, nor shall the track of any rail 26 carrier be constructed across a public road, highway or 27 street at grade, without having first secured the permission 28 of the Commission; provided, that this Section shall not 29 apply to the replacement of lawfully existing roads, highways 30 and tracks. The Commission shall have the right to refuse 31 its permission or to grant it upon such terms and conditions -2- LRB9101379KSgc 1 as it may prescribe. The Commission shall have power to 2 determine and prescribe the manner, including the particular 3 point of crossing, and the terms of installation, operation, 4 maintenance, use and protection of each such crossing. 5 The Commission shall also have power, after a hearing, to 6 require major alteration of or to abolish any crossing, 7 heretofore or hereafter established, when in its opinion, the 8 public safety requires such alteration or abolition, and, 9 except in cities, villages and incorporated towns of 10 1,000,000 or more inhabitants, to vacate and close that part 11 of the highway on such crossing altered or abolished and 12 cause barricades to be erected across such highway in such 13 manner as to prevent the use of such crossing as a highway, 14 when, in the opinion of the Commission, the public 15 convenience served by the crossing in question is not such as 16 to justify the further retention thereof; or to require a 17 separation of grades, at such crossings; or to require a 18 separation of grades at any proposed crossing where a 19 proposed public highway may cross the tracks of any rail 20 carrier or carriers; and to prescribe, after a hearing of the 21 parties, the terms upon which such separations shall be made 22 and the proportion in which the expense of the alteration or 23 abolition of such crossings or the separation of such grades, 24 having regard to the benefits, if any, accruing to the rail 25 carrier or any party in interest, shall be divided between 26 the rail carrier or carriers affected, or between such 27 carrier or carriers and the State, county, municipality or 28 other public authority in interest. However, a public 29 hearing by the Commission to abolish a crossing shall not be 30 required when the public highway authority in interest 31 vacates the highway. In such instance the rail carrier, 32 following notification to the Commission and the highway 33 authority, shall remove any grade crossing warning devices 34 and the grade crossing surface. -3- LRB9101379KSgc 1 The Commission shall also have power by its order to 2 require the reconstruction, minor alteration, minor 3 relocation or improvement of any crossing (including the 4 necessary highway approaches thereto) of any railroad across 5 any highway or public road, whether such crossing be at grade 6 or by overhead structure or by subway, whenever the 7 Commission finds after a hearing or without a hearing as 8 otherwise provided in this paragraph that such 9 reconstruction, alteration, relocation or improvement is 10 necessary to preserve or promote the safety or convenience of 11 the public or of the employees or passengers of such rail 12 carrier or carriers. By its original order or supplemental 13 orders in such case, the Commission may direct such 14 reconstruction, alteration, relocation, or improvement to be 15 made in such manner and upon such terms and conditions as may 16 be reasonable and necessary and may apportion the cost of 17 such reconstruction, alteration, relocation or improvement 18 and the subsequent maintenance thereof, having regard to the 19 benefits, if any, accruing to the railroad or any party in 20 interest, between the rail carrier or carriers and public 21 utilities affected, or between such carrier or carriers and 22 public utilities and the State, county, municipality or other 23 public authority in interest. The cost to be so apportioned 24 shall include the cost of changes or alterations in the 25 equipment of public utilities affected as well as the cost of 26 the relocation, diversion or establishment of any public 27 highway, made necessary by such reconstruction, alteration, 28 relocation or improvement of said crossing. A hearing shall 29 not be required in those instances when the Commission enters 30 an order confirming a written stipulation in which the 31 Commission, the public highway authority in interest, the 32 rail carrier or carriers affected, and in instances involving 33 the use of the Grade Crossing Protection Fund, the Illinois 34 Department of Transportation, agree on the reconstruction, -4- LRB9101379KSgc 1 alteration, relocation, or improvement and the subsequent 2 maintenance thereof and the division of costs of such changes 3 of any grade crossing (including the necessary highway 4 approaches thereto) of any railroad across any highway. 5 Every rail carrier operating in the State of Illinois 6 shall construct and maintain every highway crossing over its 7 tracks within the State so that the roadway at the 8 intersection shall be as flush with the rails as 9 superelevated curves will allow, and, unless otherwise 10 ordered by the Commission, shall construct and maintain the 11 approaches thereto at a grade of not more than 5% within the 12 right of way for a distance of not less the 6 feet on each 13 side of the centerline of such tracks; provided, that the 14 grades at the approaches may be maintained in excess of 5% 15 only when authorized by the Commission. 16 Every rail carrier operating within this State shall 17 remove from its right of way at all grade crossings within 18 the State, such brush, shrubbery, and trees as is reasonably 19 practical for a distance of not less than 500 feet in either 20 direction from each grade crossing. The Commission shall have 21 power, upon its own motion, or upon complaint, and after 22 having made proper investigation, to require the installation 23 of adequate and appropriate luminous reflective warning 24 signs, luminous flashing signals, crossing gates illuminated 25 at night, or other protective devices in order to promote and 26 safeguard the health and safety of the public. Luminous 27 flashing signal or crossing gate devices installed at grade 28 crossings, which have been approved by the Commission, shall 29 be deemed adequate and appropriate. The Commission shall have 30 authority to determine the number, type, and location of such 31 signs, signals, gates, or other protective devices which, 32 however, shall conform as near as may be with generally 33 recognized national standards, and the Commission shall have 34 authority to prescribe the division of the cost of the -5- LRB9101379KSgc 1 installation and subsequent maintenance of such signs, 2 signals, gates, or other protective devices between the rail 3 carrier or carriers, the public highway authority in 4 interest, and in instances involving the use of the Grade 5 Crossing Protection Fund, the Illinois Department of 6 Transportation. 7 No railroad may change or modify the warning device 8 system at a railroad-highway grade crossing, including 9 warning systems interconnected with highway traffic control 10 signals, without having first received the approval of the 11 Commission. The Commission shall have the further power, 12 upon application, upon its own motion, or upon complaint and 13 after having made proper investigation, to require the 14 interconnection of grade crossing warning devices with 15 traffic control signals at highway intersections located at 16 or near railroad crossings within the distances described by 17 the State Manual on Uniform Traffic Control Devices adopted 18 pursuant to Section 11-301 of this Code. In addition, State 19 and local authorities may not install, remove, modernize, or 20 otherwise modify traffic control signals at a highway 21 intersection that is interconnected or proposed to be 22 interconnected with grade crossing warning devices when the 23 change affects the number, type, or location of traffic 24 control devices on the track approach leg or legs of the 25 intersection or the timing of the railroad preemption 26 sequence of operation until the Commission has approved the 27 installation, removal, modernization, or modification. 28 Commission approval shall be limited to consideration of 29 issues directly affecting the public safety at the 30 railroad-highway grade crossing. The electrical circuit 31 devices, alternate warning devices, and preemption sequences 32 shall conform as nearly as possible, considering the 33 particular characteristics of the crossing and intersection 34 area, to the State manual adopted by the Illinois Department -6- LRB9101379KSgc 1 of Transportation pursuant to Section 11-301 of this Code and 2 such federal standards as are made applicable by subsection 3 (2) of this Section. In order to carry out this authority, 4 the Commission shall have the authority to determine the 5 number, type, and location of traffic control devices on the 6 track approach leg or legs of the intersection and the timing 7 of the railroad preemption sequence of operation. The 8 Commission shall prescribe the division of costs for 9 installation and maintenance of all devices required by this 10 paragraph between the railroad or railroads and the highway 11 authority in interest and in instances involving the use of 12 the Grade Crossing Protection Fund or a State highway, the 13 Illinois Department of Transportation. 14 Any person who unlawfully or maliciously removes, throws 15 down, damages or defaces any sign, signal, gate or other 16 protective device, located at or near any public grade 17 crossing, shall be guilty of a petty offense and fined not 18 less than $50 nor more than $200 for each offense. In 19 addition to fines levied under the provisions of this Section 20 a person adjudged guilty hereunder may also be directed to 21 make restitution for the costs of repair or replacement, or 22 both, necessitated by his misconduct. 23
It is the public policy of the State of Illinois to24 enhance public safety by establishing safe grade crossings.25 In order to implement this policy, the Illinois Commerce26 Commission is directed to conduct public hearings and to27 adopt specific criteria by July 1, 1994, that shall be28 adhered to by the Illinois Commerce Commission in determining29 if a grade crossing should be opened or abolished. The30 following factors shall be considered by the Illinois31 Commerce Commission in developing the specific criteria for32 opening and abolishing grade crossings:33 (a) timetable speed of passenger trains;34 (b) distance to an alternate crossing;-7- LRB9101379KSgc 1 (c) accident history for the last 5 years;2 (d) number of vehicular traffic and posted speed3 limits;4 (e) number of freight trains and their timetable5 speeds;6 (f) the type of warning device present at the grade7 crossing;8 (g) alignments of the roadway and railroad, and the9 angle of intersection of those alignments;10 (h) use of the grade crossing by trucks carrying11 hazardous materials, vehicles carrying passengers for12 hire, and school buses; and13 (i) use of the grade crossing by emergency14 vehicles.15 The Illinois Commerce Commission, upon petition to open16 or abolish a grade crossing, shall enter an order opening or17 abolishing the crossing if it meets the specific criteria18 adopted by the Commission.19 Except as otherwise provided in this subsection (3), in 20 no instance shall a grade crossing be permanently closed 21 without public hearing first being held and notice of such 22 hearing being published in an area newspaper of local general 23 circulation. 24 (4) Freight Trains - Radio Communications. The 25 Commission shall after hearing and order require that every 26 main line railroad freight train operating on main tracks 27 outside of yard limits within this State shall be equipped 28 with a radio communication system. The Commission after 29 notice and hearing may grant exemptions from the requirements 30 of this Section as to secondary and branch lines. 31 (5) Railroad Bridges and Trestles - Walkway and 32 Handrail. In cases in which the Commission finds the same to 33 be practical and necessary for safety of railroad employees, 34 bridges and trestles, over and upon which railroad trains are -8- LRB9101379KSgc 1 operated, shall include as a part thereof, a safe and 2 suitable walkway and handrail on one side only of such bridge 3 or trestle, and such handrail shall be located at the outer 4 edge of the walkway and shall provide a clearance of not less 5 than 8 feet, 6 inches, from the center line of the nearest 6 track, measured at right angles thereto. 7 (6) Packages Containing Articles for First Aid to 8 Injured on Trains. All rail carriers shall provide a package 9 containing the articles prescribed by the Commission, on each 10 train or engine, for first aid to persons who may be injured 11 in the course of the operation of such trains. 12 (7) Abandoned Bridges, Crossings, and Other Rail Plant. 13 The Commission shall have authority, after notice and 14 hearing, to order: 15 (a) The removal of any abandoned railroad tracks 16 from roads, streets or other thoroughfares in this State; 17 and 18 (b) The removal of abandoned overhead railroad 19 structures crossing highways, waterways, or railroads. 20 The Commission may equitably apportion the cost of such 21 actions between the rail carrier or carriers, public 22 utilities, and the State, county, municipality, township, 23 road district, or other public authority in interest. 24 (8) Railroad-Highway Bridge Clearance. A vertical 25 clearance of not less than 23 feet above the top of rail 26 shall be provided for all new or reconstructed highway 27 bridges constructed over a railroad track. The Commission 28 may permit a lesser clearance if it determines that the 23 29 foot clearance standard cannot be justified based on 30 engineering, operational, and economic conditions. 31 (Source: P.A. 89-699, eff. 1-16-97; 90-691, eff. 1-1-99.) 32 Section 99. Effective date. This Act takes effect July 33 1, 1999.
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