ADMINISTRATIVE CODE

TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: RAIL CARRIERS
PART 1550 MOTOR VEHICLES USED BY COMMON CARRIERS BY RAIL TO TRANSPORT EMPLOYEES TO AND FROM THEIR PLACES OF EMPLOYMENT OR DURING THE COURSE OF THEIR EMPLOYMENT

Section 1550.10 Purpose, Scope and Application

Section 1550.20 Definitions

Section 1550.30 Rear Compartments

Section 1550.40 Inspection, Testing and Repairs

Section 1550.50 Safety Equipment Required

Section 1550.60 Drivers, Operation, Employees' Duties

Section 1550.10 Purpose, Scope and Application

a) The purpose of this Part is to prescribe regulations establishing minimum standards for the safe transportation of employees to and from their places of employment and during the course of their employment.

b) These regulations shall have to apply to every motor vehicle acquired after the effective date hereof, which is designated primarily for highway use and which is used to transport employees whether or not used on a public highway, including motor vehicles regularly assigned to a gang or crew with headquarters or assembly point within Illinois, and including motor vehicles headquartered elsewhere but frequently used in Illinois. Motor vehicles owned or operated prior to effective date hereof are not required to conform with these regulations, but motor vehicles purchased, leased or otherwise acquired after the effective date of these regulations (including those previously used in other states and reassigned for regular use in Illinois, but not including existing vehicles assigned to system gangs even though such system gangs may be temporarily working in Illinois) shall conform hereto. These regulations shall not apply to taxicabs or other vehicles licensed by competent authority to transport the public, and used by a railroad to transport its employees.

c) All owners of such motor vehicles, and their duly appointed agents, and the drivers of such vehicles shall abide by all safety orders issued to them by the Commission.

d) It is recognized that these regulations cannot cover all contingencies, and, accordingly, the Commission, upon written application or upon its own motion, may in a particular case, after notice and hearing, modify or grant exceptions to any of these regulations where their effect is unduly burdensome, or may prescribe higher standards than those herein prescribed where such higher standards are necessary for the safety of employees.

e) In time of emergency, vehicles not complying with these regulations may be used. An emergency shall be considered as existing when rail traffic has been stopped or disrupted (or where there is a threat of stoppage or disruption) because of derailment, accident, storm, fire, flood, or other similar condition. Winter weather requiring the removal of snow and ice from flange ways and switches or station platforms shall not be considered an emergency, except as set forth above.

f) Terms used in these regulations, other than those specifically defined, shall be interpreted in the most commonly accepted sense.

Section 1550.20 Definitions

The following words and phrases as used in this Part shall mean –

"Commission": Illinois Commerce Commission.

"Employee": An individual, subject to a collective bargaining agreement, employed for any period in any work for which he is compensated, whether full or part time, whose regular course of employment relates to the maintenance or construction of the railroad physical plant, or to the operation of trains.

"Employer": A common carrier by rail who employs one or more employees.

"Heating facilities": Hot water radiator-type system, or any other generally acceptable form of heating which does not emit nauseous fumes or gases in the vehicle.

"Material": All items that can be lawfully transported by motor vehicles and used in construction and maintenance.

"Motor vehicle": Any vehicle which is self-propelled and designed primarily for highway use, and which may or may not be equipped with retractable flange wheels for operation on railroad tracks.

"Owner": Any person holding legal title to, or having lawful use of the motor vehicle through contract, lease or otherwise.

"Place of employment": All locations where one or more employees are performing the work incident to their employment.

"Rear compartment": A crew cab, which may be a continuation of the driver's cab, providing additional seating capacity, or an auxiliary cab located directly behind the driver's cab.

"Seating facilities": Seats provided for workers other than the driver.

"Tools": Hand and power tools or machines recognized as the type to be used by the craft to which the motor vehicle is assigned.

Section 1550.30 Rear Compartments

a) A rear compartment may be either a continuation cab or an auxiliary cab.

b) A continuation cab is a standard crew cab as designed and furnished by the motor vehicle manufacturer or as constructed by a motor vehicle body company which is a continuance of the driver's cab, of equal strength, all welded construction. In this type of cab, no communication system between the rear compartment and the driver is required.

c) An auxiliary cab is a rear compartment separated from the driver's cab. It shall be of metal construction (including top), welded or riveted, with interior lining, equipped with adequate padded seats and back rests firmly secured in place. It shall be fastened directly to the frame of the motor vehicle and not to the surface of the bed of the vehicle. When necessary, it shall be equipped with steps and hand holds. Communication between this type of cab and the driver may be in the form of a light mounted on the instrument panel or an audible device that can be operated by the employees riding in the rear compartment. An intercommunication system for actual voice contact may also be used. Communication systems must be kept in good working condition at all times.

d) Both types of cabs shall be provided with a heating system for cold weather and a ventilation system for hot weather, providing heat and ventilation substantially equal to that provided for the driver. Exhaust systems shall be so designed as to prevent exhaust fumes from entering the rear compartment. Heavy duty hinge-type doors shall be provided, equipped with automotive-type safety latches. All windows shall be of safety glass, as required by Illinois law. Where a compartment is equipped with only one door, at least one window shall be of the "knock-out" type and of sufficient size to provide emergency exit for the employees. All vehicles shall have adequate seating capacity for the number of employees carried.

e) Canvas-covered truck beds or shelters built of wood, plywood or light-gauge metal on the bed of the truck shall not be considered as a rear compartment. The vehicles shall be especially built or modified for transporting employees in compartments separate from space used to transport tools, material and equipment for the employees.

Section 1550.40 Inspection, Testing and Repairs

a) All vehicles shall be kept in good repair and safe operating condition at all times, and unsafe vehicles shall not be used to transport employees.

b) Vehicles shall be regularly inspected and tested.

c) Compartments for employees shall be kept in a clean and sanitary condition, and employees shall cooperate in maintaining such conditions.

Section 1550.50 Safety Equipment Required

a) All vehicles used for the transportation of employees shall carry an adequate first-aid kit suitable for the number of employees transported.

b) Each vehicle used to transport employees shall be equipped with either a two pound dry chemical type, or a four pound carbon dioxide type fire extinguisher approved by the Underwriters Laboratories, Inc. These are minimum capacities. Toxic vaporizing liquid type fire extinguishers, such as those containing carbon tetrachloride or chlorobromethane, will not be permitted.

c) Racks, boxes, holsters or equivalent means shall be provided and arranged so employees will not be endangered by tools or equipment while being transported, loaded or removed.

d) To prevent materials being transported on flatbed trucks from shifting against cab or rear compartment, a suitable front end gate must be provided.

Section 1550.60 Drivers, Operation, Employees' Duties

a) Only authorized, experienced, competent, qualified and licensed drivers, not less than 18 years of age, shall be permitted to operate vehicles used to transport employees.

b) When the driver's compartment is separate from the compartment used to transport employees, the signals adopted for use on the communication system shall be simple and understood by both driver and employees.

c) No vehicles shall be loaded beyond its safe carrying capacity, or beyond its licensed capacity when in use on public streets or highways. No motor vehicle shall be driven if it is so loaded, or if the load thereon is so distributed or so inadequately secured as to prevent safe operation.

d) No motor vehicle shall be driven when anything in, on or attached to the vehicle obscures the driver's view ahead or to either side, or interferes with the free movement of his arms or legs, or prevents his free and ready access to his controls and emergency equipment, or prevents the free and ready exit of any person from the vehicle.

e) All vehicles transporting employees shall observe all Motor Vehicle Laws of this state.

f) No explosives (except flagging equipment) shall be hauled on any vehicle while it is engaged in transporting employees. This rule shall not prohibit the driver and one qualified powder man from riding in a vehicle in which explosives are being hauled.

g) Gasoline and other low flash point liquids shall not be hauled in vehicles transporting employees except when in Underwriters Laboratory approved safety containers or in containers meeting with the current specifications of the Interstate Commerce Commission or its successor. Such containers shall be carried in a safe, suitable location outside the passenger compartment as far from the compartment as possible and where they will not block exit from the vehicle, firmly secured to prevent shifting.

h) Occupants shall not ride with any part of their bodies extending out over the side of the vehicle.

i) Employees wearing equipment which might injure a fellow employee (spurs, exposed sharp tools, and the like) shall remove such equipment before entering any vehicle in which employees are being transported.

j) Scuffling or horseplay while riding in any vehicle is prohibited.

k) Any hazardous condition or defect of a motor vehicle or unsafe practice of the driver or employees riding in vehicles used to transport employees shall be reported in writing to the employer or supervisor as soon as possible by any employee having knowledge of such conditions.