Public Act 93-0604

SB272 Enrolled                       LRB093 05960 DRH 06057 b

    AN ACT in relation to vehicles.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Vehicle  Code  is amended by
changing Section 18c-7401 as follows:

    (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
    Sec.   18c-7401.    Safety   Requirements   for    Track,
Facilities, and Equipment.
    (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 such statutes.
    (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 Commission.    The
Commission  shall  have the right to refuse its permission or
to grant  it  upon  such  terms  and  conditions  as  it  may
prescribe.   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  require  a  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 interest,  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 be required when the public  highway  authority  in
interest  vacates  the  highway.   In  such instance the rail
carrier, following notification to  the  Commission  and  the
highway  authority,  shall  remove any grade crossing warning
devices and the grade crossing surface.
    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 any, accruing 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 carriers 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 Commission.
    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 signals, crossing
gates illuminated at night, or other  protective  devices  in
order  to  promote and safeguard the health and safety of the
public. 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  Transportation.  If  the
Commission  has ordered the installation of luminous flashing
signal or crossing gate devices  at  a  grade  crossing,  the
Commission  shall  order  the  installation of temporary stop
signs at the highway intersection with  the  grade  crossing.
The  temporary  stop  signs  shall  remain in place until the
luminous flashing signal or crossing gate devices  have  been
installed.  The  rail  carrier is responsible for the cost of
the installation and subsequent maintenance of  any  required
temporary stop signs.
    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
    limits;
         (e)  number of freight trains  and  their  timetable
    speeds;
         (f)  the type of warning device present at the grade
    crossing;
         (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
circulation.
    (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 lines.
    (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. All rail carriers shall provide a package
containing the 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.
    (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. 90-691, eff. 1-1-99; 91-725, eff. 6-2-00.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

Effective Date: 11/21/2003