[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] |
91_HB0741ham001
LRB9103982KSgcam01
1 AMENDMENT TO HOUSE BILL 741
2 AMENDMENT NO. . Amend House Bill 741 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Section 18c-7402."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Section 18c-7402 as follows:
10 (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
11 Sec. 18c-7402. Safety Requirements for Railroad
12 Operations.
13 (1) Obstruction of Crossings.
14 (a) Obstruction of Emergency Vehicles. Every
15 railroad shall be operated in such a manner as to
16 minimize obstruction of emergency vehicles at crossings.
17 Where such obstruction occurs and the train crew is aware
18 of the obstruction, the train crew shall immediately take
19 any action, consistent with safe operating procedure,
20 necessary to remove the obstruction. In the Chicago and
-2- LRB9103982KSgcam01
1 St. Louis switching districts, every railroad dispatcher
2 or other person responsible for the movement of railroad
3 equipment in a specific area who receives notification
4 that railroad equipment is obstructing the movement of an
5 emergency vehicle at any crossing within such area shall
6 immediately notify the train crew through use of existing
7 communication facilities. Upon notification, the train
8 crew shall take immediate action in accordance with this
9 paragraph.
10 (b) Obstruction of Highway at Grade Crossing
11 Prohibited. It is unlawful for a rail carrier to permit
12 any train, railroad car or engine to obstruct public
13 travel at a railroad-highway grade crossing for a period
14 in excess of 10 minutes, except where such train,
15 railroad or car is continuously moving or cannot be moved
16 by reason of circumstances over which the rail carrier
17 has no reasonable control. However, no employee acting
18 under the rules or orders of the rail carrier or its
19 supervisory personnel may be prosecuted for such
20 violations.
21 (c) Punishment for Obstruction of Grade Crossing.
22 Any rail carrier violating paragraph (b) of this
23 subsection shall be guilty of a petty offense and fined
24 not less than $200 nor more than $500 if the duration of
25 the obstruction is in excess of 10 minutes but no longer
26 than 15 minutes. If the duration of the obstruction
27 exceeds 15 minutes the violation shall be a business
28 offense and the following fines shall be imposed: if the
29 duration of the obstruction is in excess of 15 minutes
30 but no longer than 20 minutes, the fine shall be $500; if
31 the duration of the obstruction is in excess of 20
32 minutes but no longer than 25 minutes, the fine shall be
33 $700; if the duration of the obstruction is in excess of
34 25 minutes, but no longer than 30 minutes, the fine shall
-3- LRB9103982KSgcam01
1 be $900; if the duration of the obstruction is in excess
2 of 30 minutes but no longer than 35 minutes, the fine
3 shall be $1,000; if the duration of the obstruction is in
4 excess of 35 minutes, the fine shall be $1,000 plus an
5 additional $500 for each 5 minutes of obstruction in
6 excess of 25 minutes of obstruction.
7 (2) Other Operational Requirements.
8 (a) Bell and Whistle-Crossings. Every rail carrier
9 shall cause a bell, and a whistle or horn to be placed
10 and kept on each locomotive, and shall cause the same to
11 be rung or sounded by the engineer or fireman, at the
12 distance of a least 1,320 feet, from the place where the
13 railroad crosses or intersects any public highway, and
14 shall be kept ringing or sounding until the highway is
15 reached; provided that at crossings where the Commission
16 shall by order direct, only after a hearing has been held
17 to determine the public is reasonably and sufficiently
18 protected, the rail carrier may be excused from giving
19 warning provided by this paragraph.
20 (b) Speed Limits. Each rail carrier shall operate
21 its trains in compliance with speed limits set by the
22 Commission. The Commission may set train speed limits
23 only where such limits are necessitated by extraordinary
24 circumstances effecting the public safety, and shall
25 maintain such train speed limits in effect only for such
26 time as the extraordinary circumstances prevail.
27 The Commission and the Department of Transportation
28 shall conduct a study of the relation between train
29 speeds and railroad-highway grade crossing safety. The
30 Commission shall report the findings of the study to the
31 General Assembly no later than January 5, 1997.
32 (c) Special Speed Limit; Pilot Project. The
33 Commission and the Board of the Commuter Rail Division of
34 the Regional Transportation Authority shall conduct a
-4- LRB9103982KSgcam01
1 pilot project in the Village of Fox River Grove, the site
2 of the fatal school bus accident at a railroad crossing
3 on October 25, 1995, in order to improve railroad
4 crossing safety. For this project, the Commission is
5 directed to set the maximum train speed limit for
6 Regional Transportation Authority trains at 50 miles per
7 hour at intersections on that portion of the intrastate
8 rail line located in the Village of Fox River Grove. If
9 the Regional Transportation Authority deliberately fails
10 to comply with this maximum speed limit, then any entity,
11 governmental or otherwise, that provides capital or
12 operational funds to the Regional Transportation
13 Authority shall appropriately reduce or eliminate that
14 funding. The Commission shall report to the Governor and
15 the General Assembly on the results of this pilot project
16 in January 1999, January 2000, and January 2001. The
17 Commission shall also submit a final report on the pilot
18 project to the Governor and the General Assembly in
19 January 2001. The provisions of this subsection (c),
20 other than this sentence, are inoperative after February
21 1, 2001.
22 (d) It is unlawful for a rail carrier to permit any
23 diesel powered train to idle for longer then 10 minutes
24 in any location, except in circumstances over which the
25 rail carrier has no reasonable control. If it is
26 necessary for a diesel powered train to idle for longer
27 than 10 minutes, that train is required to idle at a
28 minimum of 2 miles from any residential area. The
29 provisions of this subsection (d) may be enforced by any
30 State law enforcement officer or any law enforcement
31 officer of a unit of local government.
32 Any rail carrier that violates this subsection (d)
33 shall be guilty of a business offense and fined $1,000
34 for a first offense and $5,000 for a second or subsequent
-5- LRB9103982KSgcam01
1 offense.
2 (3) Report and Investigation of Rail Accidents.
3 (a) Reports. Every rail carrier shall report to the
4 Commission, by the speediest means possible, whether
5 telephone, telegraph, or otherwise, every accident
6 involving its equipment, track, or other property which
7 resulted in loss of life to any person. In addition,
8 such carriers shall file a written report with the
9 Commission. Reports submitted under this paragraph shall
10 be strictly confidential, shall be specifically
11 prohibited from disclosure, and shall not be admissible
12 in any administrative or judicial proceeding relating to
13 the accidents reported.
14 (b) Investigations. The Commission may investigate
15 all railroad accidents reported to it or of which it
16 acquires knowledge independent of reports made by rail
17 carriers, and shall have the power, consistent with
18 standards and procedures established under the Federal
19 Railroad Safety Act, as amended, to enter such temporary
20 orders as will minimize the risk of future accidents
21 pending notice, hearing, and final action by the
22 Commission.
23 (Source: P.A. 89-699, eff. 1-16-97; 90-187, eff. 1-1-98.)".