Illinois General Assembly - Full Text of HB1771
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Full Text of HB1771  93rd General Assembly

HB1771eng 93rd General Assembly


093_HB1771eng

 
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 1        AN ACT regarding vehicles.

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

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

 6        (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
 7        Sec.    18c-7401.    Safety   Requirements   for   Track,
 8    Facilities, and Equipment.
 9        (1)  General  Requirements.  Each  rail  carrier   shall,
10    consistent with rules, orders, and regulations of the Federal
11    Railroad Administration, construct, maintain, and operate all
12    of  its equipment, track, and other property in this State in
13    such a manner as to pose no undue risk to  its  employees  or
14    the person or property of any member of the public.
15        (2)  Adoption  of  Federal  Standards.  The  track safety
16    standards and accident/incident standards promulgated by  the
17    Federal  Railroad Administration shall be safety standards of
18    the Commission.  The Commission may, in  addition,  adopt  by
19    reference  in  its  regulations other federal railroad safety
20    standards,  whether  contained  in  federal  statutes  or  in
21    regulations adopted in accordance with  federal  pursuant  to
22    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. No public pedestrian bridge or  subway  shall  be
31    constructed  across  the  track  of  any rail carrier without
 
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 1    having first secured the permission of the Commission.    The
 2    Commission  shall  have the right to refuse its permission or
 3    to grant  it  upon  such  terms  and  conditions  as  it  may
 4    prescribe.   The Commission shall have power to determine and
 5    prescribe the  manner,  including  the  particular  point  of
 6    crossing,   and   the   terms   of  installation,  operation,
 7    maintenance, use and protection of each such crossing.
 8        The Commission shall also have power, after a hearing, to
 9    require major alteration  of  or  to  abolish  any  crossing,
10    heretofore or hereafter established, when in its opinion, the
11    public  safety  requires  such  alteration or abolition, and,
12    except  in  cities,  villages  and  incorporated   towns   of
13    1,000,000  or more inhabitants, to vacate and close that part
14    of the highway on such  crossing  altered  or  abolished  and
15    cause  barricades  to  be erected across such highway in such
16    manner as to prevent the use of such crossing as  a  highway,
17    when,   in   the   opinion  of  the  Commission,  the  public
18    convenience served by the crossing in question is not such as
19    to justify the further retention thereof;  or  to  require  a
20    separation of grades, at railroad-highway grade crossings; or
21    to  require  a  separation of grades at any proposed crossing
22    where a proposed public highway may cross the tracks  of  any
23    rail  carrier  or carriers; and to prescribe, after a hearing
24    of the parties, the terms upon which such  separations  shall
25    be  made  and  the  proportion  in  which  the expense of the
26    alteration or abolition of such crossings or  the  separation
27    of  such  grades,  having  regard  to  the  benefits, if any,
28    accruing to the rail carrier or any party in interest,  shall
29    be  divided between the rail carrier or carriers affected, or
30    between such carrier  or  carriers  and  the  State,  county,
31    municipality or other public authority in interest.  However,
32    a  public  hearing  by  the  Commission to abolish a crossing
33    shall not be required when the public  highway  authority  in
34    interest  vacates  the  highway.   In  such instance the rail
 
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 1    carrier, following notification to  the  Commission  and  the
 2    highway  authority,  shall  remove any grade crossing warning
 3    devices and the grade crossing surface.
 4        The Commission shall also have  power  by  its  order  to
 5    require   the   reconstruction,   minor   alteration,   minor
 6    relocation  or  improvement  of  any  crossing (including the
 7    necessary highway approaches thereto) of any railroad  across
 8    any  highway or public road, pedestrian bridge, or pedestrian
 9    subway, whether such crossing be  at  grade  or  by  overhead
10    structure or by subway, whenever the Commission finds after a
11    hearing  or  without  a hearing as otherwise provided in this
12    paragraph that such reconstruction, alteration, relocation or
13    improvement is necessary to preserve or promote the safety or
14    convenience of the public or of the employees  or  passengers
15    of  such  rail carrier or carriers.  By its original order or
16    supplemental orders in such case, the Commission  may  direct
17    such  reconstruction,  alteration, relocation, or improvement
18    to be made in such manner and upon such terms and  conditions
19    as may be reasonable and necessary and may apportion the cost
20    of 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  or other public
 
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 1    authority in interest, the rail carrier or carriers affected,
 2    and in instances involving the  use  of  the  Grade  Crossing
 3    Protection  Fund,  the Illinois Department of Transportation,
 4    agree  on  the  reconstruction,  alteration,  relocation,  or
 5    improvement and the subsequent maintenance  thereof  and  the
 6    division  of  costs  of  such  changes  of any grade crossing
 7    (including the necessary highway approaches thereto)  of  any
 8    railroad across any highway, pedestrian bridge, or pedestrian
 9    subway.
10        Every  rail  carrier  operating  in the State of Illinois
11    shall construct and maintain every highway crossing over  its
12    tracks   within   the  State  so  that  the  roadway  at  the
13    intersection  shall  be  as   flush   with   the   rails   as
14    superelevated   curves  will  allow,  and,  unless  otherwise
15    ordered by the Commission, shall construct and  maintain  the
16    approaches  thereto at a grade of not more than 5% within the
17    right of way for a distance of not less the 6  feet  on  each
18    side  of  the  centerline  of such tracks; provided, that the
19    grades at the approaches may be maintained in  excess  of  5%
20    only when authorized by the Commission.
21        Every  rail  carrier  operating  within  this State shall
22    remove from its right of way at  all  railroad-highway  grade
23    crossings  within the State, such brush, shrubbery, and trees
24    as is reasonably practical for a distance of  not  less  than
25    500  feet  in  either direction from each grade crossing. The
26    Commission shall have power, upon its  own  motion,  or  upon
27    complaint,  and  after  having  made proper investigation, to
28    require the installation of adequate and appropriate luminous
29    reflective warning signs, luminous flashing signals, crossing
30    gates illuminated at night, or other  protective  devices  in
31    order  to  promote and safeguard the health and safety of the
32    public. Luminous flashing signal  or  crossing  gate  devices
33    installed at grade crossings, which have been approved by the
34    Commission,  shall  be  deemed  adequate and appropriate. The
 
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 1    Commission shall have  authority  to  determine  the  number,
 2    type,  and  location  of such signs, signals, gates, or other
 3    protective devices which, however, shall conform as  near  as
 4    may  be with generally recognized national standards, and the
 5    Commission shall have authority to prescribe the division  of
 6    the  cost  of  the installation and subsequent maintenance of
 7    such signs,  signals,  gates,  or  other  protective  devices
 8    between  the  rail  carrier  or  carriers, the public highway
 9    authority or other  public  authority  in  interest,  and  in
10    instances  involving the use of the Grade Crossing Protection
11    Fund, the Illinois Department of Transportation.
12        No railroad may  change  or  modify  the  warning  device
13    system   at  a  railroad-highway  grade  crossing,  including
14    warning systems interconnected with highway  traffic  control
15    signals,  without  having  first received the approval of the
16    Commission.  The Commission shall  have  the  further  power,
17    upon  application, upon its own motion, or upon complaint and
18    after  having  made  proper  investigation,  to  require  the
19    interconnection  of  grade  crossing  warning  devices   with
20    traffic  control  signals at highway intersections located at
21    or near railroad crossings within the distances described  by
22    the  State  Manual on Uniform Traffic Control Devices adopted
23    pursuant to Section 11-301 of this Code.  In addition,  State
24    and  local authorities may not install, remove, modernize, or
25    otherwise  modify  traffic  control  signals  at  a   highway
26    intersection   that  is  interconnected  or  proposed  to  be
27    interconnected with grade crossing warning devices  when  the
28    change  affects  the  number,  type,  or  location of traffic
29    control devices on the track approach  leg  or  legs  of  the
30    intersection   or  the  timing  of  the  railroad  preemption
31    sequence of operation until the Commission has  approved  the
32    installation,   removal,   modernization,   or  modification.
33    Commission approval shall  be  limited  to  consideration  of
34    issues   directly   affecting   the   public  safety  at  the
 
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 1    railroad-highway  grade  crossing.   The  electrical  circuit
 2    devices, alternate warning devices, and preemption  sequences
 3    shall   conform   as  nearly  as  possible,  considering  the
 4    particular characteristics of the crossing  and  intersection
 5    area,  to the State manual adopted by the Illinois Department
 6    of Transportation pursuant to Section 11-301 of this Code and
 7    such federal standards as are made applicable  by  subsection
 8    (2)  of  this Section.  In order to carry out this authority,
 9    the Commission shall have  the  authority  to  determine  the
10    number,  type, and location of traffic control devices on the
11    track approach leg or legs of the intersection and the timing
12    of  the  railroad  preemption   sequence  of  operation.  The
13    Commission  shall  prescribe  the  division  of   costs   for
14    installation  and maintenance of all devices required by this
15    paragraph between the railroad or railroads and  the  highway
16    authority  in  interest and in instances involving the use of
17    the Grade Crossing Protection Fund or a  State  highway,  the
18    Illinois Department of Transportation.
19        Any  person who unlawfully or maliciously removes, throws
20    down, damages or defaces any  sign,  signal,  gate  or  other
21    protective  device,  located  at  or  near  any  public grade
22    crossing, shall be guilty of a petty offense  and  fined  not
23    less  than  $50  nor  more  than  $200  for each offense.  In
24    addition to fines levied under the provisions of this Section
25    a person adjudged guilty hereunder may also  be  directed  to
26    make  restitution  for the costs of repair or replacement, or
27    both, necessitated by his misconduct.
28        It is the public policy  of  the  State  of  Illinois  to
29    enhance  public  safety by establishing safe grade crossings.
30    In order to implement  this  policy,  the  Illinois  Commerce
31    Commission  is  directed  to  conduct  public hearings and to
32    adopt specific criteria  by  July  1,  1994,  that  shall  be
33    adhered to by the Illinois Commerce Commission in determining
34    if  a  grade  crossing  should  be  opened or abolished.  The
 
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 1    following  factors  shall  be  considered  by  the   Illinois
 2    Commerce  Commission  in developing the specific criteria for
 3    opening and abolishing grade crossings:
 4             (a)  timetable speed of passenger trains;
 5             (b)  distance to an alternate crossing;
 6             (c)  accident history for the last 5 years;
 7             (d)  number of vehicular traffic  and  posted  speed
 8        limits;
 9             (e)  number  of  freight  trains and their timetable
10        speeds;
11             (f)  the type of warning device present at the grade
12        crossing;
13             (g)  alignments of the roadway and railroad, and the
14        angle of intersection of those alignments;
15             (h)  use of the grade crossing  by  trucks  carrying
16        hazardous  materials,  vehicles  carrying  passengers for
17        hire, and school buses; and
18             (i)  use  of  the  grade   crossing   by   emergency
19        vehicles.
20        The  Illinois  Commerce Commission, upon petition to open
21    or abolish a grade crossing, shall enter an order opening  or
22    abolishing  the  crossing  if  it meets the specific criteria
23    adopted by the Commission.
24        Except as otherwise provided in this subsection  (3),  in
25    no  instance  shall  a  grade  crossing be permanently closed
26    without public hearing first being held and  notice  of  such
27    hearing being published in an area newspaper of local general
28    circulation.
29        (4)  Freight   Trains   -   Radio   Communications.   The
30    Commission  shall  after hearing and order require that every
31    main line railroad freight train  operating  on  main  tracks
32    outside  of  yard  limits within this State shall be equipped
33    with a radio  communication  system.   The  Commission  after
34    notice and hearing may grant exemptions from the requirements
 
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 1    of this Section as to secondary and branch lines.
 2        (5)  Railroad   Bridges   and   Trestles  -  Walkway  and
 3    Handrail. In cases in which the Commission finds the same  to
 4    be  practical and necessary for safety of railroad employees,
 5    bridges and trestles, over and upon which railroad trains are
 6    operated, shall  include  as  a  part  thereof,  a  safe  and
 7    suitable walkway and handrail on one side only of such bridge
 8    or  trestle,  and such handrail shall be located at the outer
 9    edge of the walkway and shall provide a clearance of not less
10    than 8 feet, 6 inches, from the center line  of  the  nearest
11    track, measured at right angles thereto.
12        (6)  Packages   Containing  Articles  for  First  Aid  to
13    Injured on Trains. All rail carriers shall provide a  package
14    containing the articles prescribed by the Commission, on each
15    train  or engine, for first aid to persons who may be injured
16    in the course of the operation of such trains.
17        (7)  Abandoned Bridges, Crossings, and Other Rail  Plant.
18    The   Commission  shall  have  authority,  after  notice  and
19    hearing, to order:
20             (a)  The removal of any  abandoned  railroad  tracks
21        from roads, streets or other thoroughfares in this State;
22        and
23             (b)  The  removal  of  abandoned  overhead  railroad
24        structures crossing highways, waterways, or railroads.
25        The  Commission  may equitably apportion the cost of such
26    actions  between  the  rail  carrier  or   carriers,   public
27    utilities,  and  the  State,  county, municipality, township,
28    road district, or other public authority in interest.
29        (8)  Railroad-Highway  Bridge  Clearance.    A   vertical
30    clearance  of  not  less  than  23 feet above the top of rail
31    shall be  provided  for  all  new  or  reconstructed  highway
32    bridges  constructed  over  a railroad track.  The Commission
33    may permit a lesser clearance if it determines  that  the  23
34    foot   clearance   standard  cannot  be  justified  based  on
 
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 1    engineering, operational, and economic conditions.
 2    (Source: P.A. 90-691, eff. 1-1-99; 91-725, eff. 6-2-00.)