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91_HB3476sam001
LRB9110509DHmbam01
1 AMENDMENT TO HOUSE BILL 3476
2 AMENDMENT NO. . Amend House Bill 3476 as follows:
3 on page 1, by replacing lines 1 and 2 with the following:
4 "AN ACT in relation to railroad pedestrian walkways.";
5 and
6 on page 2, line 22, after "Code.", by inserting the
7 following:
8 "The Commission shall not order more than $2,000,000 per year
9 in Grade Crossing Protection Fund moneys for pedestrian
10 walkways."; and
11 on page 8, below line 18, by inserting the following:
12 "Section 10. The Illinois Vehicle Code is amended by
13 changing Section 18c-7401 as follows:
14 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
15 Sec. 18c-7401. Safety Requirements for Track,
16 Facilities, and Equipment.
17 (1) General Requirements. Each rail carrier shall,
18 consistent with rules, orders, and regulations of the Federal
19 Railroad Administration, construct, maintain, and operate all
20 of its equipment, track, and other property in this State in
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1 such a manner as to pose no undue risk to its employees or
2 the person or property of any member of the public.
3 (2) Adoption of Federal Standards. The track safety
4 standards and accident/incident standards promulgated by the
5 Federal Railroad Administration shall be safety standards of
6 the Commission. The Commission may, in addition, adopt by
7 reference in its regulations other federal railroad safety
8 standards, whether contained in federal statutes or in
9 regulations adopted pursuant to such statutes.
10 (3) Railroad Crossings. No public road, highway, or
11 street shall hereafter be constructed across the track of any
12 rail carrier at grade, nor shall the track of any rail
13 carrier be constructed across a public road, highway or
14 street at grade, without having first secured the permission
15 of the Commission; provided, that this Section shall not
16 apply to the replacement of lawfully existing roads, highways
17 and tracks. No public pedestrian bridge or subway shall be
18 constructed across the track of any rail carrier without
19 having first secured the permission of the Commission. The
20 Commission shall have the right to refuse its permission or
21 to grant it upon such terms and conditions as it may
22 prescribe. The Commission shall have power to determine and
23 prescribe the manner, including the particular point of
24 crossing, and the terms of installation, operation,
25 maintenance, use and protection of each such crossing.
26 The Commission shall also have power, after a hearing, to
27 require major alteration of or to abolish any crossing,
28 heretofore or hereafter established, when in its opinion, the
29 public safety requires such alteration or abolition, and,
30 except in cities, villages and incorporated towns of
31 1,000,000 or more inhabitants, to vacate and close that part
32 of the highway on such crossing altered or abolished and
33 cause barricades to be erected across such highway in such
34 manner as to prevent the use of such crossing as a highway,
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1 when, in the opinion of the Commission, the public
2 convenience served by the crossing in question is not such as
3 to justify the further retention thereof; or to require a
4 separation of grades, at railroad-highway grade such
5 crossings; or to require a separation of grades at any
6 proposed crossing where a proposed public highway may cross
7 the tracks of any rail carrier or carriers; and to prescribe,
8 after a hearing of the parties, the terms upon which such
9 separations shall be made and the proportion in which the
10 expense of the alteration or abolition of such crossings or
11 the separation of such grades, having regard to the benefits,
12 if any, accruing to the rail carrier or any party in
13 interest, shall be divided between the rail carrier or
14 carriers affected, or between such carrier or carriers and
15 the State, county, municipality or other public authority in
16 interest. However, a public hearing by the Commission to
17 abolish a crossing shall not be required when the public
18 highway authority in interest vacates the highway. In such
19 instance the rail carrier, following notification to the
20 Commission and the highway authority, shall remove any grade
21 crossing warning devices and the grade crossing surface.
22 The Commission shall also have power by its order to
23 require the reconstruction, minor alteration, minor
24 relocation or improvement of any crossing (including the
25 necessary highway approaches thereto) of any railroad across
26 any highway or public road, pedestrian bridge, or pedestrian
27 subway, whether such crossing be at grade or by overhead
28 structure or by subway, whenever the Commission finds after a
29 hearing or without a hearing as otherwise provided in this
30 paragraph that such reconstruction, alteration, relocation or
31 improvement is necessary to preserve or promote the safety or
32 convenience of the public or of the employees or passengers
33 of such rail carrier or carriers. By its original order or
34 supplemental orders in such case, the Commission may direct
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1 such reconstruction, alteration, relocation, or improvement
2 to be made in such manner and upon such terms and conditions
3 as may be reasonable and necessary and may apportion the cost
4 of such reconstruction, alteration, relocation or improvement
5 and the subsequent maintenance thereof, having regard to the
6 benefits, if any, accruing to the railroad or any party in
7 interest, between the rail carrier or carriers and public
8 utilities affected, or between such carrier or carriers and
9 public utilities and the State, county, municipality or other
10 public authority in interest. The cost to be so apportioned
11 shall include the cost of changes or alterations in the
12 equipment of public utilities affected as well as the cost of
13 the relocation, diversion or establishment of any public
14 highway, made necessary by such reconstruction, alteration,
15 relocation or improvement of said crossing. A hearing shall
16 not be required in those instances when the Commission enters
17 an order confirming a written stipulation in which the
18 Commission, the public highway authority or other public
19 authority in interest, the rail carrier or carriers affected,
20 and in instances involving the use of the Grade Crossing
21 Protection Fund, the Illinois Department of Transportation,
22 agree on the reconstruction, alteration, relocation, or
23 improvement and the subsequent maintenance thereof and the
24 division of costs of such changes of any grade crossing
25 (including the necessary highway approaches thereto) of any
26 railroad across any highway, pedestrian bridge, or pedestrian
27 subway.
28 Every rail carrier operating in the State of Illinois
29 shall construct and maintain every highway crossing over its
30 tracks within the State so that the roadway at the
31 intersection shall be as flush with the rails as
32 superelevated curves will allow, and, unless otherwise
33 ordered by the Commission, shall construct and maintain the
34 approaches thereto at a grade of not more than 5% within the
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1 right of way for a distance of not less the 6 feet on each
2 side of the centerline of such tracks; provided, that the
3 grades at the approaches may be maintained in excess of 5%
4 only when authorized by the Commission.
5 Every rail carrier operating within this State shall
6 remove from its right of way at all railroad-highway grade
7 crossings within the State, such brush, shrubbery, and trees
8 as is reasonably practical for a distance of not less than
9 500 feet in either direction from each grade crossing. The
10 Commission shall have power, upon its own motion, or upon
11 complaint, and after having made proper investigation, to
12 require the installation of adequate and appropriate luminous
13 reflective warning signs, luminous flashing signals, crossing
14 gates illuminated at night, or other protective devices in
15 order to promote and safeguard the health and safety of the
16 public. Luminous flashing signal or crossing gate devices
17 installed at grade crossings, which have been approved by the
18 Commission, shall be deemed adequate and appropriate. The
19 Commission shall have authority to determine the number,
20 type, and location of such signs, signals, gates, or other
21 protective devices which, however, shall conform as near as
22 may be with generally recognized national standards, and the
23 Commission shall have authority to prescribe the division of
24 the cost of the installation and subsequent maintenance of
25 such signs, signals, gates, or other protective devices
26 between the rail carrier or carriers, the public highway
27 authority or other public authority in interest, and in
28 instances involving the use of the Grade Crossing Protection
29 Fund, the Illinois Department of Transportation.
30 No railroad may change or modify the warning device
31 system at a railroad-highway grade crossing, including
32 warning systems interconnected with highway traffic control
33 signals, without having first received the approval of the
34 Commission. The Commission shall have the further power,
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1 upon application, upon its own motion, or upon complaint and
2 after having made proper investigation, to require the
3 interconnection of grade crossing warning devices with
4 traffic control signals at highway intersections located at
5 or near railroad crossings within the distances described by
6 the State Manual on Uniform Traffic Control Devices adopted
7 pursuant to Section 11-301 of this Code. In addition, State
8 and local authorities may not install, remove, modernize, or
9 otherwise modify traffic control signals at a highway
10 intersection that is interconnected or proposed to be
11 interconnected with grade crossing warning devices when the
12 change affects the number, type, or location of traffic
13 control devices on the track approach leg or legs of the
14 intersection or the timing of the railroad preemption
15 sequence of operation until the Commission has approved the
16 installation, removal, modernization, or modification.
17 Commission approval shall be limited to consideration of
18 issues directly affecting the public safety at the
19 railroad-highway grade crossing. The electrical circuit
20 devices, alternate warning devices, and preemption sequences
21 shall conform as nearly as possible, considering the
22 particular characteristics of the crossing and intersection
23 area, to the State manual adopted by the Illinois Department
24 of Transportation pursuant to Section 11-301 of this Code and
25 such federal standards as are made applicable by subsection
26 (2) of this Section. In order to carry out this authority,
27 the Commission shall have the authority to determine the
28 number, type, and location of traffic control devices on the
29 track approach leg or legs of the intersection and the timing
30 of the railroad preemption sequence of operation. The
31 Commission shall prescribe the division of costs for
32 installation and maintenance of all devices required by this
33 paragraph between the railroad or railroads and the highway
34 authority in interest and in instances involving the use of
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1 the Grade Crossing Protection Fund or a State highway, the
2 Illinois Department of Transportation.
3 Any person who unlawfully or maliciously removes, throws
4 down, damages or defaces any sign, signal, gate or other
5 protective device, located at or near any public grade
6 crossing, shall be guilty of a petty offense and fined not
7 less than $50 nor more than $200 for each offense. In
8 addition to fines levied under the provisions of this Section
9 a person adjudged guilty hereunder may also be directed to
10 make restitution for the costs of repair or replacement, or
11 both, necessitated by his misconduct.
12 It is the public policy of the State of Illinois to
13 enhance public safety by establishing safe grade crossings.
14 In order to implement this policy, the Illinois Commerce
15 Commission is directed to conduct public hearings and to
16 adopt specific criteria by July 1, 1994, that shall be
17 adhered to by the Illinois Commerce Commission in determining
18 if a grade crossing should be opened or abolished. The
19 following factors shall be considered by the Illinois
20 Commerce Commission in developing the specific criteria for
21 opening and abolishing grade crossings:
22 (a) timetable speed of passenger trains;
23 (b) distance to an alternate crossing;
24 (c) accident history for the last 5 years;
25 (d) number of vehicular traffic and posted speed
26 limits;
27 (e) number of freight trains and their timetable
28 speeds;
29 (f) the type of warning device present at the grade
30 crossing;
31 (g) alignments of the roadway and railroad, and the
32 angle of intersection of those alignments;
33 (h) use of the grade crossing by trucks carrying
34 hazardous materials, vehicles carrying passengers for
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1 hire, and school buses; and
2 (i) use of the grade crossing by emergency
3 vehicles.
4 The Illinois Commerce Commission, upon petition to open
5 or abolish a grade crossing, shall enter an order opening or
6 abolishing the crossing if it meets the specific criteria
7 adopted by the Commission.
8 Except as otherwise provided in this subsection (3), in
9 no instance shall a grade crossing be permanently closed
10 without public hearing first being held and notice of such
11 hearing being published in an area newspaper of local general
12 circulation.
13 (4) Freight Trains - Radio Communications. The
14 Commission shall after hearing and order require that every
15 main line railroad freight train operating on main tracks
16 outside of yard limits within this State shall be equipped
17 with a radio communication system. The Commission after
18 notice and hearing may grant exemptions from the requirements
19 of this Section as to secondary and branch lines.
20 (5) Railroad Bridges and Trestles - Walkway and
21 Handrail. In cases in which the Commission finds the same to
22 be practical and necessary for safety of railroad employees,
23 bridges and trestles, over and upon which railroad trains are
24 operated, shall include as a part thereof, a safe and
25 suitable walkway and handrail on one side only of such bridge
26 or trestle, and such handrail shall be located at the outer
27 edge of the walkway and shall provide a clearance of not less
28 than 8 feet, 6 inches, from the center line of the nearest
29 track, measured at right angles thereto.
30 (6) Packages Containing Articles for First Aid to
31 Injured on Trains. All rail carriers shall provide a package
32 containing the articles prescribed by the Commission, on each
33 train or engine, for first aid to persons who may be injured
34 in the course of the operation of such trains.
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1 (7) Abandoned Bridges, Crossings, and Other Rail Plant.
2 The Commission shall have authority, after notice and
3 hearing, to order:
4 (a) The removal of any abandoned railroad tracks
5 from roads, streets or other thoroughfares in this State;
6 and
7 (b) The removal of abandoned overhead railroad
8 structures crossing highways, waterways, or railroads.
9 The Commission may equitably apportion the cost of such
10 actions between the rail carrier or carriers, public
11 utilities, and the State, county, municipality, township,
12 road district, or other public authority in interest.
13 (8) Railroad-Highway Bridge Clearance. A vertical
14 clearance of not less than 23 feet above the top of rail
15 shall be provided for all new or reconstructed highway
16 bridges constructed over a railroad track. The Commission
17 may permit a lesser clearance if it determines that the 23
18 foot clearance standard cannot be justified based on
19 engineering, operational, and economic conditions.
20 (Source: P.A. 89-699, eff. 1-16-97; 90-691, eff. 1-1-99.)".