[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0788
SB2215 Enrolled LRB9213232LDfg
AN ACT to re-enact the Bi-State Transit Safety Act.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Bi-State Transit Safety Act.
Section 5. Definitions. As used in this Act:
"Accident" means any event involving the revenue service
operation of a rail fixed guideway system if as a result:
(1) an individual dies;
(2) an individual suffers bodily injury and
immediately receives medical treatment away from the
scene of the accident; or
(3) a collision, derailment, or fire causes
property damage in excess of $100,000.
"APTA Guidelines" means the American Public Transit
Association's "Manual for the Development of Rail Transit
System Safety Program Plans", published on August 20, 1991.
"FTA" means the Federal Transit Administration, an agency
within the U.S. Department of Transportation.
"Hazardous condition" means a condition that may endanger
human life or property. It includes unacceptable hazardous
conditions.
"Investigation" means a process to determine the probable
cause of an accident or an unacceptable hazardous condition;
it may involve no more than a review and approval of the
transit agency's determination of the probable cause of an
accident or unacceptable hazardous condition.
"Rail fixed guideway system" means any light, heavy, or
rapid rail system, monorail, inclined plane, funicular,
trolley, or automated guideway that is:
(1) included in FTA's calculation for fixed
guideway route miles or receives funding under FTA's
formula program for urbanized areas; and
(2) not regulated by the Federal Railroad
Administration.
"Revenue service operation" means an operation outside of
a rail yard.
"System safety program plan" means a document adopted by
the transit agency detailing its safety policies, objectives,
responsibilities, and procedures.
"System safety program standard" means the standard
developed and adopted by the State oversight agency which, at
a minimum, complies with the APTA Guidelines, requires the
immediate notification of appropriate Illinois emergency
service agencies in the event of an accident in Illinois, and
which addresses personal security.
"Transit agency" means an entity operating a rail fixed
guideway system.
"Unacceptable hazardous condition" means a hazardous
condition determined to be an unacceptable hazardous
condition using the APTA Guidelines' Hazard Resolution
Matrix.
Section 10. Powers. In further effectuation of the
Bi-State Development Compact Act creating the Bi-State
Development Agency, the State of Illinois hereby authorizes
the St. Clair County Transit District to exercise the
following powers:
(1) To regulate the safety of rail fixed guideway
systems and the personal security of the passengers and
employees of the Bi-State Development Agency located and
operated within the boundaries of the State of Illinois,
in a manner consistent with "Rail Fixed Guideway Systems;
State Safety Oversight", 49 CFR Part 659.
(2) To develop, adopt, and implement a system
safety program standard meeting the compliance
requirements prescribed in Sections 659.31 and 659.33 of
"Rail Fixed Guideway Systems; State Safety Oversight".
(3) To require the Bi-State Development Agency to
report accidents and unacceptable hazardous conditions to
the St. Clair County Transit District within a period of
time specified by the St. Clair County Transit District
as required by Section 659.39 of "Rail Fixed Guideway
Systems; State Safety Oversight".
(4) To establish procedures to investigate
accidents and unacceptable hazardous conditions as
required by Section 659.41 of "Rail Fixed Guideway
Systems; State Safety Oversight".
(5) To direct the Bi-State Development Agency to
minimize, control, correct, or eliminate any investigated
hazardous condition within a period of time specified by
the St. Clair County Transit District as required by
Section 659.43 of "Rail Fixed Guideway Systems; State
Safety Oversight".
(6) To perform all other necessary and incidental
functions related to its effectuation of this Act and as
mandated by "Rail Fixed Guideway Systems; State Safety
Oversight".
Section 15. Confidentiality of investigation reports.
The security portion of the system safety program plan,
investigation reports, surveys, schedules, lists, or data
compiled, collected, or prepared by the Bi-State Development
Agency or the St. Clair County Transit District under this
Act shall not be subject to discovery or admitted into
evidence in federal or State court or considered for other
purposes in any civil action for damages arising from any
matter mentioned or addressed in such plan, reports, surveys,
schedules, lists, or data.
Section 20. Right to contract for safety consultation.
The St. Clair County Transit District may contract for safety
consultation under the St. Clair County District's duties
created by this Act. The St. Clair County District may
assess the Bi-State Development Agency for its expenses in
administering the Act.
Section 25. Jurisdiction. The jurisdiction of the St.
Clair County Transit District under this Act shall be
exclusive, except to the extent that its jurisdiction is
preempted by federal statute, regulation, or order.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 29, 2002.
Approved August 06, 2002.
Effective August 06, 2002.
[ Top ]