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91_SB1393eng SB1393 Engrossed LRB9111145DHmb 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Sections 18c-1703, 18c-7401, and 18c-7402. 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 Sections 18c-1703, 18c-7401, and 18c-7402 as 7 follows: 8 (625 ILCS 5/18c-1703) (from Ch. 95 1/2, par. 18c-1703) 9 Sec. 18c-1703. Investigations and Arrests. (1) 10 Enforcement Officers and Investigators. Enforcement officers 11 and investigators appointed by the Commission shall have, and 12 may exercise throughout the state, all the powers of police 13 officers when enforcing provisions of this Chapter, subject 14 to the regulations and orders of the Commission. 15 (2) Investigations. 16 (a) General Provisions. The Commission, through its 17 employees, shall conduct such investigations as are necessary 18 for the enforcement of this Chapter. 19 (b) Examination, Audit and Production of Records. 20 Authorized employees of the Commission shall have the power 21 at any and all times to examine, audit, or demand production 22 of all accounts, books, records, memoranda, and other papers 23 in the possession or control of a license or registration 24 holder, its employees or agents. In addition, every person 25 other than a license or registration holder and every 26 officer, employee or agent of such person shall permit every 27 authorized employee of the Commission, upon administrative 28 subpoena issued by the Chairman or his designee or the 29 Attorney General, to inspect and copy any accounts, books, 30 records, memoranda, letters, checks, vouchers, telegrams, 31 documents, or other papers in its possession or control which SB1393 Engrossed -2- LRB9111145DHmb 1 the Commission deems necessary to the proper conduct of an 2 investigation to determine whether provisions of this 3 Chapter, Commission regulations or orders, have been 4 violated. 5 (c) Inspection of Equipment and Facilities. Authorized 6 employees of the Commission shall have the power at all times 7 to inspect the equipment, facilities, and other property of 8 the licensee in the possession or control of a carrier or 9 broker, its employees or agents. 10 (d) Special Investigations. The Commission may also 11 conduct special investigations as necessary for the 12 enforcement of this Chapter. Where such person is found by 13 the Commission to have violated this Chapter, and where the 14 Commission imposes a sanction for such violation under 15 Section 18c-1704 of this Chapter, the Commission may impose 16 on such person an assessment of reasonable expenses incurred 17 by the Commission in the investigation and subsequent 18 proceeding. Such assessment shall not exceed a fee of $100 19 per work day or $50 per half work day, per employee, for the 20 payroll costs of the Commission staff, plus actual 21 transportation (in accordance with applicable state employee 22 travel expense reimbursement regulations) and all other 23 actual expenses incurred in the special investigation and 24 subsequent proceeding. 25 (3) Arrests and Citations. The Commission shall make 26 arrests and issue notices of civil violations where necessary 27 for the enforcement of this Chapter. No rail carrier employee 28 shall be arrested for violation of this Chapter, except that 29 a rail carrier employee who is not exempt from prosecution 30 under subdivision (1)(d) of Section 18c-7402 may be arrested 31 and prosecuted for a violation of subdivision (1)(d) of 32 Section 18c-7402. No person operating a motor vehicle in 33 violation of the licensing or safety provisions of this 34 Chapter shall be permitted to transport property or SB1393 Engrossed -3- LRB9111145DHmb 1 passengers beyond the point of arrest unless, in the opinion 2 of the officer making the arrest, it is necessary to 3 transport the property or passengers to another location to 4 insure their safety or to preserve or tend cargo carried in 5 the vehicle. 6 (Source: P.A. 85-553.) 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 32 as it may prescribe. The Commission shall have power to 33 determine and prescribe the manner, including the particular SB1393 Engrossed -4- LRB9111145DHmb 1 point of crossing, and the terms of installation, operation, 2 maintenance, use and protection of each such crossing. 3 The Commission shall also have power, after a hearing, to 4 require major alteration of or to abolish any crossing, 5 heretofore or hereafter established, when in its opinion, the 6 public safety requires such alteration or abolition, and, 7 except in cities, villages and incorporated towns of 8 1,000,000 or more inhabitants, to vacate and close that part 9 of the highway on such crossing altered or abolished and 10 cause barricades to be erected across such highway in such 11 manner as to prevent the use of such crossing as a highway, 12 when, in the opinion of the Commission, the public 13 convenience served by the crossing in question is not such as 14 to justify the further retention thereof; or to require a 15 separation of grades, at such crossings; or to require a 16 separation of grades at any proposed crossing where a 17 proposed public highway may cross the tracks of any rail 18 carrier or carriers; and to prescribe, after a hearing of the 19 parties, the terms upon which such separations shall be made 20 and the proportion in which the expense of the alteration or 21 abolition of such crossings or the separation of such grades, 22 having regard to the benefits, if any, accruing to the rail 23 carrier or any party in interest, shall be divided between 24 the rail carrier or carriers affected, or between such 25 carrier or carriers and the State, county, municipality or 26 other public authority in interest. However, a public 27 hearing by the Commission to abolish a crossing shall not be 28 required when the public highway authority in interest 29 vacates the highway. In such instance the rail carrier, 30 following notification to the Commission and the highway 31 authority, shall remove any grade crossing warning devices 32 and the grade crossing surface. 33 The Commission shall also have power by its order to 34 require the reconstruction, minor alteration, minor SB1393 Engrossed -5- LRB9111145DHmb 1 relocation or improvement of any crossing (including the 2 necessary highway approaches thereto) of any railroad across 3 any highway or public road, whether such crossing be at grade 4 or by overhead structure or by subway, whenever the 5 Commission finds after a hearing or without a hearing as 6 otherwise provided in this paragraph that such 7 reconstruction, alteration, relocation or improvement is 8 necessary to preserve or promote the safety or convenience of 9 the public or of the employees or passengers of such rail 10 carrier or carriers. For the purpose of this Section, a minor 11 alteration shall include the installation of any type of 12 remote control track switch, technical or operational 13 improvement, or any other actions the Commission deems 14 necessary to reduce the occupancy of crossings by trains and 15 increase public safety. By its original order or supplemental 16 orders in such case, the Commission may direct such 17 reconstruction, alteration, relocation, or improvement to be 18 made in such manner and upon such terms and conditions as may 19 be reasonable and necessary and may apportion the cost of 20 such reconstruction, alteration, relocation or improvement 21 and the subsequent maintenance thereof, having regard to the 22 benefits, if any, accruing to the railroad or any party in 23 interest, between the rail carrier or carriers and public 24 utilities affected, or between such carrier or carriers and 25 public utilities and the State, county, municipality or other 26 public authority in interest. The cost to be so apportioned 27 shall include the cost of changes or alterations in the 28 equipment of public utilities affected as well as the cost of 29 the relocation, diversion or establishment of any public 30 highway, made necessary by such reconstruction, alteration, 31 relocation or improvement of said crossing. A hearing shall 32 not be required in those instances when the Commission enters 33 an order confirming a written stipulation in which the 34 Commission, the public highway authority in interest, the SB1393 Engrossed -6- LRB9111145DHmb 1 rail carrier or carriers affected, and in instances involving 2 the use of the Grade Crossing Protection Fund, the Illinois 3 Department of Transportation, agree on the reconstruction, 4 alteration, relocation, or improvement and the subsequent 5 maintenance thereof and the division of costs of such changes 6 of any grade crossing (including the necessary highway 7 approaches thereto) of any railroad across any highway. 8 Every rail carrier operating in the State of Illinois 9 shall construct and maintain every highway crossing over its 10 tracks within the State so that the roadway at the 11 intersection shall be as flush with the rails as 12 superelevated curves will allow, and, unless otherwise 13 ordered by the Commission, shall construct and maintain the 14 approaches thereto at a grade of not more than 5% within the 15 right of way for a distance of not less the 6 feet on each 16 side of the centerline of such tracks; provided, that the 17 grades at the approaches may be maintained in excess of 5% 18 only when authorized by the Commission. 19 Every rail carrier operating within this State shall 20 remove from its right of way at all grade crossings within 21 the State, such brush, shrubbery, and trees as is reasonably 22 practical for a distance of not less than 500 feet in either 23 direction from each grade crossing. The Commission shall have 24 power, upon its own motion, or upon complaint, and after 25 having made proper investigation, to require the installation 26 of adequate and appropriate luminous reflective warning 27 signs, luminous flashing signals, crossing gates illuminated 28 at night, or other protective devices in order to promote and 29 safeguard the health and safety of the public. Luminous 30 flashing signal or crossing gate devices installed at grade 31 crossings, which have been approved by the Commission, shall 32 be deemed adequate and appropriate. The Commission shall have 33 authority to determine the number, type, and location of such 34 signs, signals, gates, or other protective devices which, SB1393 Engrossed -7- LRB9111145DHmb 1 however, shall conform as near as may be with generally 2 recognized national standards, and the Commission shall have 3 authority to prescribe the division of the cost of the 4 installation and subsequent maintenance of such signs, 5 signals, gates, or other protective devices between the rail 6 carrier or carriers, the public highway authority in 7 interest, and in instances involving the use of the Grade 8 Crossing Protection Fund, the Illinois Department of 9 Transportation. 10 No railroad may change or modify the warning device 11 system at a railroad-highway grade crossing, including 12 warning systems interconnected with highway traffic control 13 signals, without having first received the approval of the 14 Commission. The Commission shall have the further power, 15 upon application, upon its own motion, or upon complaint and 16 after having made proper investigation, to require the 17 interconnection of grade crossing warning devices with 18 traffic control signals at highway intersections located at 19 or near railroad crossings within the distances described by 20 the State Manual on Uniform Traffic Control Devices adopted 21 pursuant to Section 11-301 of this Code. In addition, State 22 and local authorities may not install, remove, modernize, or 23 otherwise modify traffic control signals at a highway 24 intersection that is interconnected or proposed to be 25 interconnected with grade crossing warning devices when the 26 change affects the number, type, or location of traffic 27 control devices on the track approach leg or legs of the 28 intersection or the timing of the railroad preemption 29 sequence of operation until the Commission has approved the 30 installation, removal, modernization, or modification. 31 Commission approval shall be limited to consideration of 32 issues directly affecting the public safety at the 33 railroad-highway grade crossing. The electrical circuit 34 devices, alternate warning devices, and preemption sequences SB1393 Engrossed -8- LRB9111145DHmb 1 shall conform as nearly as possible, considering the 2 particular characteristics of the crossing and intersection 3 area, to the State manual adopted by the Illinois Department 4 of Transportation pursuant to Section 11-301 of this Code and 5 such federal standards as are made applicable by subsection 6 (2) of this Section. In order to carry out this authority, 7 the Commission shall have the authority to determine the 8 number, type, and location of traffic control devices on the 9 track approach leg or legs of the intersection and the timing 10 of the railroad preemption sequence of operation. The 11 Commission shall prescribe the division of costs for 12 installation and maintenance of all devices required by this 13 paragraph between the railroad or railroads and the highway 14 authority in interest and in instances involving the use of 15 the Grade Crossing Protection Fund or a State highway, the 16 Illinois Department of Transportation. 17 Any person who unlawfully or maliciously removes, throws 18 down, damages or defaces any sign, signal, gate or other 19 protective device, located at or near any public grade 20 crossing, shall be guilty of a petty offense and fined not 21 less than $50 nor more than $200 for each offense. In 22 addition to fines levied under the provisions of this Section 23 a person adjudged guilty hereunder may also be directed to 24 make restitution for the costs of repair or replacement, or 25 both, necessitated by his misconduct. 26 It is the public policy of the State of Illinois to 27 enhance public safety by establishing safe grade crossings. 28 In order to implement this policy, the Illinois Commerce 29 Commission is directed to conduct public hearings and to 30 adopt specific criteria by July 1, 1994, that shall be 31 adhered to by the Illinois Commerce Commission in determining 32 if a grade crossing should be opened or abolished. The 33 following factors shall be considered by the Illinois 34 Commerce Commission in developing the specific criteria for SB1393 Engrossed -9- LRB9111145DHmb 1 opening and abolishing grade crossings: 2 (a) timetable speed of passenger trains; 3 (b) distance to an alternate crossing; 4 (c) accident history for the last 5 years; 5 (d) number of vehicular traffic and posted speed 6 limits; 7 (e) number of freight trains and their timetable 8 speeds; 9 (f) the type of warning device present at the grade 10 crossing; 11 (g) alignments of the roadway and railroad, and the 12 angle of intersection of those alignments; 13 (h) use of the grade crossing by trucks carrying 14 hazardous materials, vehicles carrying passengers for 15 hire, and school buses; and 16 (i) use of the grade crossing by emergency 17 vehicles. 18 The Illinois Commerce Commission, upon petition to open 19 or abolish a grade crossing, shall enter an order opening or 20 abolishing the crossing if it meets the specific criteria 21 adopted by the Commission. 22 Except as otherwise provided in this subsection (3), in 23 no instance shall a grade crossing be permanently closed 24 without public hearing first being held and notice of such 25 hearing being published in an area newspaper of local general 26 circulation. 27 (4) Freight Trains - Radio Communications. The 28 Commission shall after hearing and order require that every 29 main line railroad freight train operating on main tracks 30 outside of yard limits within this State shall be equipped 31 with a radio communication system. The Commission after 32 notice and hearing may grant exemptions from the requirements 33 of this Section as to secondary and branch lines. 34 (5) Railroad Bridges and Trestles - Walkway and SB1393 Engrossed -10- LRB9111145DHmb 1 Handrail. In cases in which the Commission finds the same to 2 be practical and necessary for safety of railroad employees, 3 bridges and trestles, over and upon which railroad trains are 4 operated, shall include as a part thereof, a safe and 5 suitable walkway and handrail on one side only of such bridge 6 or trestle, and such handrail shall be located at the outer 7 edge of the walkway and shall provide a clearance of not less 8 than 8 feet, 6 inches, from the center line of the nearest 9 track, measured at right angles thereto. 10 (6) Packages Containing Articles for First Aid to 11 Injured on Trains. All rail carriers shall provide a package 12 containing the articles prescribed by the Commission, on each 13 train or engine, for first aid to persons who may be injured 14 in the course of the operation of such trains. 15 (7) Abandoned Bridges, Crossings, and Other Rail Plant. 16 The Commission shall have authority, after notice and 17 hearing, to order: 18 (a) The removal of any abandoned railroad tracks 19 from roads, streets or other thoroughfares in this State; 20 and 21 (b) The removal of abandoned overhead railroad 22 structures crossing highways, waterways, or railroads. 23 The Commission may equitably apportion the cost of such 24 actions between the rail carrier or carriers, public 25 utilities, and the State, county, municipality, township, 26 road district, or other public authority in interest. 27 (8) Railroad-Highway Bridge Clearance. A vertical 28 clearance of not less than 23 feet above the top of rail 29 shall be provided for all new or reconstructed highway 30 bridges constructed over a railroad track. The Commission 31 may permit a lesser clearance if it determines that the 23 32 foot clearance standard cannot be justified based on 33 engineering, operational, and economic conditions. 34 (Source: P.A. 89-699, eff. 1-16-97; 90-691, eff. 1-1-99.) SB1393 Engrossed -11- LRB9111145DHmb 1 (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402) 2 (Text of Section before amendment by P.A. 91-675) 3 Sec. 18c-7402. Safety Requirements for Railroad 4 Operations. 5 (1) Obstruction of Crossings. 6 (a) Obstruction of Emergency Vehicles. Every 7 railroad shall be operated in such a manner as to 8 minimize obstruction of emergency vehicles at crossings. 9 Where such obstruction occurs and the train crew is aware 10 of the obstruction, the train crew shall immediately take 11 any action, consistent with safe operating procedure, 12 necessary to remove the obstruction. In the Chicago and 13 St. Louis switching districts, every railroad dispatcher 14 or other person responsible for the movement of railroad 15 equipment in a specific area who receives notification 16 that railroad equipment is obstructing the movement of an 17 emergency vehicle at any crossing within such area shall 18 immediately notify the train crew through use of existing 19 communication facilities. Upon notification, the train 20 crew shall take immediate action in accordance with this 21 paragraph. 22 (b) Obstruction of Highway at Grade Crossing 23 Prohibited. It is unlawful for a rail carrier to permit 24 any train, railroad car or engine to obstruct public 25 travel at a railroad-highway grade crossing for a period 26 in excess of 10 minutes, except where such train, 27 railroad or car is continuously moving or cannot be moved 28 by reason of circumstances over which the rail carrier 29 has no reasonable control. However, no employee acting 30 under the rules or orders of the rail carrier or its 31 supervisory personnel may be prosecuted for such 32 violations. 33 (c) Punishment for Obstruction of Grade Crossing. 34 Any rail carrier violating paragraph (b) of this SB1393 Engrossed -12- LRB9111145DHmb 1 subsection shall be guilty of a petty offense and fined 2 not less than $200 nor more than $500 if the duration of 3 the obstruction is in excess of 10 minutes but no longer 4 than 15 minutes. If the duration of the obstruction 5 exceeds 15 minutes the violation shall be a business 6 offense and the following fines shall be imposed: if the 7 duration of the obstruction is in excess of 15 minutes 8 but no longer than 20 minutes, the fine shall be $500; if 9 the duration of the obstruction is in excess of 20 10 minutes but no longer than 25 minutes, the fine shall be 11 $700; if the duration of the obstruction is in excess of 12 25 minutes, but no longer than 30 minutes, the fine shall 13 be $900; if the duration of the obstruction is in excess 14 of 30 minutes but no longer than 35 minutes, the fine 15 shall be $1,000; if the duration of the obstruction is in 16 excess of 35 minutes, the fine shall be $1,000 plus an 17 additional $500 for each 5 minutes of obstruction in 18 excess of 25 minutes of obstruction. 19 (d) Chronic obstruction of a grade crossing. Within 20 the Chicago switching district, the Commission may, after 21 investigation, make a determination that a railroad has 22 engaged in chronic obstruction of a grade crossing. The 23 Commission shall investigate allegations that a 24 railroad's trains repeatedly and with great rate of 25 recurrence obstruct a grade crossing by frequently 26 stopping and causing disruption of vehicular traffic and 27 endangering the lives and safety of the citizens of this 28 State by interfering with the operation of ambulances and 29 fire department vehicles. The Commission shall find that 30 chronic obstruction of a grade crossing has occurred if, 31 within a 2-week period, a railroad's trains have stopped 32 traffic at that crossing for 20 minutes or longer 3 or 33 more times. Once a railroad is designated as chronically 34 obstructing a grade crossing, the Commission shall SB1393 Engrossed -13- LRB9111145DHmb 1 forward the results of the investigation to the State's 2 Attorney, of the county where the crossing is located, 3 for prosecution. The penalty for obstructing that grade 4 crossing is a Class C misdemeanor for the first offense. 5 For a second or subsequent offense at the same location 6 the penalty is a Class B misdemeanor and the fine shall 7 be triple the fine amount of the first offense. A 8 railroad employee who is not a supervisor may not be 9 prosecuted under this subdivision (d) for any act or 10 omission committed under rules or orders of the railroad 11 or its supervisory personnel. 12 (2) Other Operational Requirements. 13 (a) Bell and Whistle-Crossings. Every rail carrier 14 shall cause a bell, and a whistle or horn to be placed 15 and kept on each locomotive, and shall cause the same to 16 be rung or sounded by the engineer or fireman, at the 17 distance of a least 1,320 feet, from the place where the 18 railroad crosses or intersects any public highway, and 19 shall be kept ringing or sounding until the highway is 20 reached; provided that at crossings where the Commission 21 shall by order direct, only after a hearing has been held 22 to determine the public is reasonably and sufficiently 23 protected, the rail carrier may be excused from giving 24 warning provided by this paragraph. 25 (b) Speed Limits. Each rail carrier shall operate 26 its trains in compliance with speed limits set by the 27 Commission. The Commission may set train speed limits 28 only where such limits are necessitated by extraordinary 29 circumstances effecting the public safety, and shall 30 maintain such train speed limits in effect only for such 31 time as the extraordinary circumstances prevail. 32 The Commission and the Department of Transportation 33 shall conduct a study of the relation between train 34 speeds and railroad-highway grade crossing safety. The SB1393 Engrossed -14- LRB9111145DHmb 1 Commission shall report the findings of the study to the 2 General Assembly no later than January 5, 1997. 3 (c) Special Speed Limit; Pilot Project. The 4 Commission and the Board of the Commuter Rail Division of 5 the Regional Transportation Authority shall conduct a 6 pilot project in the Village of Fox River Grove, the site 7 of the fatal school bus accident at a railroad crossing 8 on October 25, 1995, in order to improve railroad 9 crossing safety. For this project, the Commission is 10 directed to set the maximum train speed limit for 11 Regional Transportation Authority trains at 50 miles per 12 hour at intersections on that portion of the intrastate 13 rail line located in the Village of Fox River Grove. If 14 the Regional Transportation Authority deliberately fails 15 to comply with this maximum speed limit, then any entity, 16 governmental or otherwise, that provides capital or 17 operational funds to the Regional Transportation 18 Authority shall appropriately reduce or eliminate that 19 funding. The Commission shall report to the Governor and 20 the General Assembly on the results of this pilot project 21 in January 1999, January 2000, and January 2001. The 22 Commission shall also submit a final report on the pilot 23 project to the Governor and the General Assembly in 24 January 2001. The provisions of this subsection (c), 25 other than this sentence, are inoperative after February 26 1, 2001. 27 (3) Report and Investigation of Rail Accidents. 28 (a) Reports. Every rail carrier shall report to the 29 Commission, by the speediest means possible, whether 30 telephone, telegraph, or otherwise, every accident 31 involving its equipment, track, or other property which 32 resulted in loss of life to any person. In addition, 33 such carriers shall file a written report with the 34 Commission. Reports submitted under this paragraph shall SB1393 Engrossed -15- LRB9111145DHmb 1 be strictly confidential, shall be specifically 2 prohibited from disclosure, and shall not be admissible 3 in any administrative or judicial proceeding relating to 4 the accidents reported. 5 (b) Investigations. The Commission may investigate 6 all railroad accidents reported to it or of which it 7 acquires knowledge independent of reports made by rail 8 carriers, and shall have the power, consistent with 9 standards and procedures established under the Federal 10 Railroad Safety Act, as amended, to enter such temporary 11 orders as will minimize the risk of future accidents 12 pending notice, hearing, and final action by the 13 Commission. 14 (Source: P.A. 89-699, eff. 1-16-97; 90-187, eff. 1-1-98.) 15 (Text of Section after amendment by P.A. 91-675) 16 Sec. 18c-7402. Safety Requirements for Railroad 17 Operations. 18 (1) Obstruction of Crossings. 19 (a) Obstruction of Emergency Vehicles. Every 20 railroad shall be operated in such a manner as to 21 minimize obstruction of emergency vehicles at crossings. 22 Where such obstruction occurs and the train crew is aware 23 of the obstruction, the train crew shall immediately take 24 any action, consistent with safe operating procedure, 25 necessary to remove the obstruction. In the Chicago and 26 St. Louis switching districts, every railroad dispatcher 27 or other person responsible for the movement of railroad 28 equipment in a specific area who receives notification 29 that railroad equipment is obstructing the movement of an 30 emergency vehicle at any crossing within such area shall 31 immediately notify the train crew through use of existing 32 communication facilities. Upon notification, the train 33 crew shall take immediate action in accordance with this 34 paragraph. SB1393 Engrossed -16- LRB9111145DHmb 1 (b) Obstruction of Highway at Grade Crossing 2 Prohibited. It is unlawful for a rail carrier to permit 3 any train, railroad car or engine to obstruct public 4 travel at a railroad-highway grade crossing for a period 5 in excess of 10 minutes, except where such train or 6 railroad car is continuously moving or cannot be moved by 7 reason of circumstances over which the rail carrier has 8 no reasonable control. 9 In a county with a population of greater than 1,000,000, 10 as determined by the most recent federal census, during the 11 hours of 7:00 a.m. through 9:00 a.m. and 4:00 p.m. through 12 6:00 p.m. it is unlawful for a rail carrier to permit any 13 single train or railroad car to obstruct public travel at a 14 railroad-highway grade crossing in excess of a total of 10 15 minutes during a 30 minute period, except where the train or 16 railroad car cannot be moved by reason or circumstances over 17 which the rail carrier has no reasonable control. Under no 18 circumstances will a moving train be stopped for the purposes 19 of issuing a citation related to this Section. 20 However, no employee acting under the rules or orders of 21 the rail carrier or its supervisory personnel may be 22 prosecuted for a violation of this subsection (b). 23 (c) Punishment for Obstruction of Grade Crossing. 24 Any rail carrier violating paragraph (b) of this 25 subsection shall be guilty of a petty offense and fined 26 not less than $200 nor more than $500 if the duration of 27 the obstruction is in excess of 10 minutes but no longer 28 than 15 minutes. If the duration of the obstruction 29 exceeds 15 minutes the violation shall be a business 30 offense and the following fines shall be imposed: if the 31 duration of the obstruction is in excess of 15 minutes 32 but no longer than 20 minutes, the fine shall be $500; if 33 the duration of the obstruction is in excess of 20 34 minutes but no longer than 25 minutes, the fine shall be SB1393 Engrossed -17- LRB9111145DHmb 1 $700; if the duration of the obstruction is in excess of 2 25 minutes, but no longer than 30 minutes, the fine shall 3 be $900; if the duration of the obstruction is in excess 4 of 30 minutes but no longer than 35 minutes, the fine 5 shall be $1,000; if the duration of the obstruction is in 6 excess of 35 minutes, the fine shall be $1,000 plus an 7 additional $500 for each 5 minutes of obstruction in 8 excess of 25 minutes of obstruction. 9 (d) Chronic obstruction of a grade crossing. Within 10 the Chicago switching district, the Commission may, after 11 investigation, make a determination that a railroad has 12 engaged in chronic obstruction of a grade crossing. The 13 Commission shall investigate allegations that a 14 railroad's trains repeatedly and with great rate of 15 recurrence obstruct a grade crossing by frequently 16 stopping and causing disruption of vehicular traffic and 17 endangering the lives and safety of the citizens of this 18 State by interfering with the operation of ambulances and 19 fire department vehicles. The Commission shall find that 20 chronic obstruction of a grade crossing has occurred if, 21 within a 2-week period, a railroad's trains have stopped 22 traffic at that crossing for 20 minutes or longer 3 or 23 more times. Once a railroad is designated as chronically 24 obstructing a grade crossing, the Commission shall 25 forward the results of the investigation to the State's 26 Attorney, of the county where the crossing is located, 27 for prosecution. The penalty for obstructing that grade 28 crossing is a Class C misdemeanor for the first offense. 29 For a second or subsequent offense at the same location 30 the penalty is a Class B misdemeanor and the fine shall 31 be triple the fine amount of the first offense. A 32 railroad employee who is not a supervisor may not be 33 prosecuted under this subdivision (d) for any act or 34 omission committed under rules or orders of the railroad SB1393 Engrossed -18- LRB9111145DHmb 1 or its supervisory personnel. 2 (2) Other Operational Requirements. 3 (a) Bell and Whistle-Crossings. Every rail carrier 4 shall cause a bell, and a whistle or horn to be placed 5 and kept on each locomotive, and shall cause the same to 6 be rung or sounded by the engineer or fireman, at the 7 distance of a least 1,320 feet, from the place where the 8 railroad crosses or intersects any public highway, and 9 shall be kept ringing or sounding until the highway is 10 reached; provided that at crossings where the Commission 11 shall by order direct, only after a hearing has been held 12 to determine the public is reasonably and sufficiently 13 protected, the rail carrier may be excused from giving 14 warning provided by this paragraph. 15 (b) Speed Limits. Each rail carrier shall operate 16 its trains in compliance with speed limits set by the 17 Commission. The Commission may set train speed limits 18 only where such limits are necessitated by extraordinary 19 circumstances effecting the public safety, and shall 20 maintain such train speed limits in effect only for such 21 time as the extraordinary circumstances prevail. 22 The Commission and the Department of Transportation 23 shall conduct a study of the relation between train 24 speeds and railroad-highway grade crossing safety. The 25 Commission shall report the findings of the study to the 26 General Assembly no later than January 5, 1997. 27 (c) Special Speed Limit; Pilot Project. The 28 Commission and the Board of the Commuter Rail Division of 29 the Regional Transportation Authority shall conduct a 30 pilot project in the Village of Fox River Grove, the site 31 of the fatal school bus accident at a railroad crossing 32 on October 25, 1995, in order to improve railroad 33 crossing safety. For this project, the Commission is 34 directed to set the maximum train speed limit for SB1393 Engrossed -19- LRB9111145DHmb 1 Regional Transportation Authority trains at 50 miles per 2 hour at intersections on that portion of the intrastate 3 rail line located in the Village of Fox River Grove. If 4 the Regional Transportation Authority deliberately fails 5 to comply with this maximum speed limit, then any entity, 6 governmental or otherwise, that provides capital or 7 operational funds to the Regional Transportation 8 Authority shall appropriately reduce or eliminate that 9 funding. The Commission shall report to the Governor and 10 the General Assembly on the results of this pilot project 11 in January 1999, January 2000, and January 2001. The 12 Commission shall also submit a final report on the pilot 13 project to the Governor and the General Assembly in 14 January 2001. The provisions of this subsection (c), 15 other than this sentence, are inoperative after February 16 1, 2001. 17 (3) Report and Investigation of Rail Accidents. 18 (a) Reports. Every rail carrier shall report to the 19 Commission, by the speediest means possible, whether 20 telephone, telegraph, or otherwise, every accident 21 involving its equipment, track, or other property which 22 resulted in loss of life to any person. In addition, 23 such carriers shall file a written report with the 24 Commission. Reports submitted under this paragraph shall 25 be strictly confidential, shall be specifically 26 prohibited from disclosure, and shall not be admissible 27 in any administrative or judicial proceeding relating to 28 the accidents reported. 29 (b) Investigations. The Commission may investigate 30 all railroad accidents reported to it or of which it 31 acquires knowledge independent of reports made by rail 32 carriers, and shall have the power, consistent with 33 standards and procedures established under the Federal 34 Railroad Safety Act, as amended, to enter such temporary SB1393 Engrossed -20- LRB9111145DHmb 1 orders as will minimize the risk of future accidents 2 pending notice, hearing, and final action by the 3 Commission. 4 (Source: P.A. 90-187, eff. 1-1-98; 91-675, eff. 6-1-00.) 5 Section 95. No acceleration or delay. Where this Act 6 makes changes in a statute that is represented in this Act by 7 text that is not yet or no longer in effect (for example, a 8 Section represented by multiple versions), the use of that 9 text does not accelerate or delay the taking effect of (i) 10 the changes made by this Act or (ii) provisions derived from 11 any other Public Act. 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.