(625 ILCS 5/Ch 18C Sub 7 Art IV heading) ARTICLE IV.
SAFETY REQUIREMENTS FOR RAIL CARRIERS
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(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.
The Commission shall also have power to enter into stipulated agreements with a rail carrier or rail carriers or public authorities to fund, provide, install, and maintain safety treatments to deter trespassing on railroad property in accordance with paragraph (1) of Section 18c-7503 at locations approved by such rail carrier or rail carriers following a diagnostic evaluation between the Commission and the rail carrier or rail carriers, including any public authority in interest or the Federal Railroad Administration, and to order the allocation of the cost of those treatments and their installation and maintenance from the Grade Crossing Protection Fund. Safety treatments approved under this paragraph by the Commission shall be deemed adequate and appropriate. 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.
Except where train crews provide flagging of the crossing to road users, yield signs shall be installed at all highway intersections with every grade crossing in this State that is not equipped with automatic warning devices, such as luminous flashing signals or crossing gate devices. A stop sign may be used in lieu of the yield sign when an engineering study conducted in cooperation with the highway authority and the Illinois Department of Transportation has determined that a stop sign is warranted. If the Commission has ordered the installation of luminous flashing signal or
crossing gate devices at a grade crossing not equipped with active warning devices, the Commission shall order the
installation of temporary stop signs at the highway intersection with the grade
crossing unless an engineering study has determined that a stop sign is not appropriate. If a stop sign is not appropriate, the Commission may order the installation of other appropriate supplemental signing as determined by an engineering study. The temporary signs shall remain in place until the luminous
flashing signal or crossing gate devices have been installed.
The rail carrier is responsible for the installation and subsequent
maintenance of any required signs.
The permanent signs shall be in place by July 1, 2011.
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 | ||
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(e) number of freight trains and their timetable | ||
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(f) the type of warning device present at the grade | ||
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(g) alignments of the roadway and railroad, and the | ||
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(h) use of the grade crossing by trucks carrying | ||
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(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.
(a) All rail carriers shall provide a first aid kit | ||
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(b) A vehicle, excluding a taxi cab used in an | ||
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(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 | ||
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(b) the removal of abandoned overhead railroad | ||
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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.
(9) Right of Access To Railroad Property. (a) A community antenna television company franchised | ||
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(b) Notwithstanding any provision of law to the | ||
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(c) This subsection (9) applies to any entry upon any | ||
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(d) Nothing in Public Act 100-251 shall be construed | ||
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(e) For purposes of this subsection (9): "Broadband service", "cable operator", and "holder" | ||
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"Community antenna television company" includes, in | ||
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(f) Beginning on August 22, 2017 (the effective date | ||
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(Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21.)
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(625 ILCS 5/18c-7401.1) Sec. 18c-7401.1. Rules for safe railroad worker walkways.
Within 90 days after the effective date of this amendatory Act of the 93rd General Assembly, the Commission shall adopt rules regarding safe walkways for railroad workers in areas where work is regularly performed on the ground. The rules must include, at a minimum, a requirement that any walkway (i) have a reasonably uniform surface, (ii) be maintained in a safe condition, and (iii) be reasonably free of obstacles, debris, and other hazards. (Source: P.A. 93-791, eff. 7-22-04.) |
(625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
Sec. 18c-7402. Safety requirements for railroad operations.
(1) Obstruction of crossings.
(a) Obstruction of emergency vehicles. Every railroad | ||
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(b) Obstruction of highway at grade crossing | ||
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In a county with a population of greater than | ||
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However, no employee acting under the rules or orders | ||
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(c) Punishment for obstruction of grade crossing. Any | ||
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(2) Other operational requirements.
(a) Bell and whistle-crossings. Every rail carrier | ||
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(a-5) The requirements of paragraph (a) of this | ||
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(b) Speed limits. Each rail carrier shall operate its | ||
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The Commission and the Department of Transportation | ||
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(c) Special speed limit; pilot project. The | ||
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(d) Freight train crew size. No rail carrier shall | ||
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(3) Report and investigation of rail accidents.
(a) Reports. Every rail carrier shall report to the | ||
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(b) Investigations. The Commission may investigate | ||
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(Source: P.A. 101-294, eff. 1-1-20; 102-982, eff. 7-1-23 .)
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(625 ILCS 5/18c-7402.1)
Sec. 18c-7402.1.
Pilot projects; automated
audible warning devices.
(a) The General Assembly finds and declares that, for
the communities of the State that are traversed by
railroads, there is a growing need to mitigate train horn
noise without compromising the safety of the public.
Therefore, after applications are filed and approved by the
Commission, the Commission shall authorize pilot projects
in the counties of Cook, DuPage, Lake, and Will to test the
utility and safety of stationary automated audible warning
devices as an alternative to trains having to sound their
horns as they approach highway-rail crossings.
(b) In light of the pending proposed ruling by the
Federal Railroad Administration on the use of locomotive
horns at all highway-rail crossings across the nation, it
is in the best interest of the State for the
Commission to expedite the pilot projects in order to
contribute data to the federal rulemaking process regarding
the possible inclusion of stationary automated warning
devices in the counties of Cook, DuPage, Lake, and Will as
a safety measure option to the proposed federal rule.
(c) The Commission shall adopt rules for implementing
the pilot projects in the counties of Cook, DuPage, Lake,
and Will.
(Source: P.A. 92-284, eff. 8-9-01.)
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(625 ILCS 5/18c-7402.5)
Sec. 18c-7402.5.
(Repealed).
(Source: P.A. 90-187, eff. 1-1-98. Repealed internally, eff. 2-1-01.)
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(625 ILCS 5/18c-7403) (from Ch. 95 1/2, par. 18c-7403)
Sec. 18c-7403.
Enforcement and Waiver of Safety Requirements.
(1) Enforcement.
Except with regard to grade crossing obstructions under
Section 18c-7402 of this Chapter and trespass on railroad rights of way and
yards under Section 18c-7503 of this Chapter, jurisdiction to initiate
actions to enforce provisions of this Chapter is vested
exclusively in the Commission. Where a valid federal
statute, regulation, or order sets forth procedures or
sanctions for violation of safety standards, and such
procedures or sanctions are preemptive of state law, the
Commission shall exercise its enforcement jurisdiction under
this Article in accordance therewith. Otherwise, the
provisions of this Chapter regarding enforcement procedures and
sanctions shall apply.
(2) Waiver.
The Commission may waive any of the safety requirements under
this Article if continued adherence to the requirement or requirements is
not required for the safety of railroad employees or the
public.
(Source: P.A. 90-257, eff. 7-30-97.)
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(625 ILCS 5/18c-7404) (from Ch. 95 1/2, par. 18c-7404)
Sec. 18c-7404.
Transportation of Hazardous Materials by Rail Carriers.
(1) Commission to Regulate Hazardous Materials Transportation by Rail Carrier.
(a) Powers of the Commission. The Commission is authorized to regulate the
transportation of hazardous materials by rail carrier by:
(i) Adopting by reference the hazardous materials
regulations of the Office of Hazardous Materials Transportation and
the Federal Railroad Administration of the United
States Department of Transportation, as amended;
(ii) Conducting investigations, issuing subpoenas, taking depositions,
requiring the production of relevant documents, records and property, and
conducting hearings in aid of such investigations;
(iii) Conducting a continuing review of all aspects of
hazardous materials transportation by rail carrier
to determine and recommend actions necessary to
insure safe transportation of such materials;
(iv) Undertaking, directly or indirectly, research,
development, demonstration and training activities;
(v) Cooperating with other State agencies and enter into
interagency agreements; and
(vi) Entering upon, inspecting and examining the records and
properties relating to the transportation of hazardous materials by rail,
including all portions of any facility used in the loading, unloading, and
actual movement of such materials, or in the storage of such materials
incidental to actual movement by rail;
(vii) Stopping and inspecting trains, at reasonable times and
locations and in a reasonable manner, or taking any
other action necessary to administer or enforce the
provisions of this Section.
(b) Scope of Section. The provisions of this Section apply generally to
the transportation of hazardous materials by rail carrier within the State
of Illinois, but do not apply to:
(i) Natural gas pipelines;
(ii) Transportation of firearms or ammunition for
personal use or in commerce; or
(iii) Transportation exempted by the Commission where the
exemption granted by the Commission is:
(A) Coextensive with an exemption granted by the
Office of Hazardous Materials and the Federal
Railroad Administration; or
(B) Otherwise exempt under statutes or regulations
governing similar transportation in interstate commerce.
(c) Rail Carriers to Comply with Commission Regulations.
No person shall transport hazardous materials by rail
carrier except in compliance with this Section,
Commission regulations and orders.
(2) Enforcement.
(a) Criminal Penalties. Any person who willfully violates the provisions
of this Section, Commission regulations or orders shall have committed a
class 3 felony and be subject to criminal penalties in an amount not to
exceed $25,000.
(b) Civil Penalties. Any person who knowingly violates the provisions of
this Section, Commission regulations or orders shall also be subject to
civil penalties in an amount not to exceed $10,000.
(c) Injunctive Relief. The Commission may petition any circuit court
with venue and jurisdiction to enforce this Chapter to enjoin actions which
it has reason to believe may pose an imminent hazard, and to issue such
other orders as will eliminate or ameliorate the imminent hazard. As used
in this Section, "imminent hazard" means a substantial likelihood that
death, serious illness, or severe personal injury will occur prior to the
time during which an administrative proceeding to abate the danger could
normally be completed.
(3) Commission to Adopt Regulations. The Commission may adopt
regulations governing the transportation of hazardous materials by rail carrier where:
(a) The risk created by such transportation is susceptible to
control by regulation;
(b) State regulation would be more effective in controlling
the risk than federal regulation; and
(c) The regulations adopted by the Commission are not
inconsistent with federal regulations.
(Source: P.A. 85-815.)
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(625 ILCS 5/18c-7405)
Sec. 18c-7405. Accident counseling.
(a) Every Class I and Class II rail carrier, according to federal regulations,
operating in this State
must establish a counseling or trauma program and provide or make available
counseling or other critical incident stress debriefing services to each member
of an operating crew directly involved in an accident that results in loss of
life or serious bodily injury on its railway or right-of-way.
(b) Each Class I and Class II rail carrier, according to federal regulations,
operating in this State must file its counseling or trauma program
with the processing section of the Transportation Division of the Illinois
Commerce Commission, whose sole responsibility under this Section shall be to
receive the program and make it available
for public inspection. Each rail carrier subject to this subsection (b) must review and update its counseling or trauma program filing every 3 years, at the request of the Commission. Programs may be filed by mail or electronic mail. Electronic filings shall be submitted to an email address designated by the Commission.
(Source: P.A. 97-963, eff. 8-15-12.)
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(625 ILCS 5/18c-7406) Sec. 18c-7406. Closure of at-grade crossings; bicycle and pedestrian trails. When considering the closure of an at-grade railroad crossing to public use, the Commission shall consider the status of the crossing as an element of a bicycle and pedestrian trail funded under the federal Transportation Equity Act for the 21st Century (TEA-21) and its successor Acts.
(Source: P.A. 94-304, eff. 7-21-05.) |