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90_HB0219
625 ILCS 5/18c-7401 from Ch. 95 1/2, par. 18c-7401
Amends the Illinois Vehicle Code to provide that with
approval of the Commerce Commission, rail carriers are not
required to remove brush, shrubbery, and trees for a distance
of not less than 500 feet from the rights of way of grade
crossings with luminous flashing signals and crossing gates.
Effective July 1, 1997.
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1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 18c-7401.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 18c-7401 as follows:
7 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
8 Sec. 18c-7401. Safety Requirements for Track,
9 Facilities, and Equipment.
10 (1) General Requirements. Each rail carrier shall,
11 consistent with rules, orders, and regulations of the Federal
12 Railroad Administration, construct, maintain, and operate all
13 of its equipment, track, and other property in this State in
14 such a manner as to pose no undue risk to its employees or
15 the person or property of any member of the public.
16 (2) Adoption of Federal Standards. The track safety
17 standards and accident/incident standards promulgated by the
18 Federal Railroad Administration shall be safety standards of
19 the Commission. The Commission may, in addition, adopt by
20 reference in its regulations other federal railroad safety
21 standards, whether contained in federal statutes or in
22 regulations adopted pursuant to 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. The Commission shall have the right to refuse
31 its permission or to grant it upon such terms and conditions
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1 as it may prescribe. The Commission shall have power to
2 determine and prescribe the manner, including the particular
3 point of crossing, and the terms of installation, operation,
4 maintenance, use and protection of each such crossing.
5 The Commission shall also have power, after a hearing, to
6 require major alteration of or to abolish any crossing,
7 heretofore or hereafter established, when in its opinion, the
8 public safety requires such alteration or abolition, and,
9 except in cities, villages and incorporated towns of
10 1,000,000 or more inhabitants, to vacate and close that part
11 of the highway on such crossing altered or abolished and
12 cause barricades to be erected across such highway in such
13 manner as to prevent the use of such crossing as a highway,
14 when, in the opinion of the Commission, the public
15 convenience served by the crossing in question is not such as
16 to justify the further retention thereof; or to require a
17 separation of grades, at such crossings; or to require a
18 separation of grades at any proposed crossing where a
19 proposed public highway may cross the tracks of any rail
20 carrier or carriers; and to prescribe, after a hearing of the
21 parties, the terms upon which such separations shall be made
22 and the proportion in which the expense of the alteration or
23 abolition of such crossings or the separation of such grades
24 shall be divided between the rail carrier or carriers
25 affected, or between such carrier or carriers and the State,
26 county, municipality or other public authority in interest.
27 The Commission shall also have power by its order to
28 require the reconstruction, minor alteration, minor
29 relocation or improvement of any crossing (including the
30 necessary highway approaches thereto) of any railroad across
31 any highway or public road, whether such crossing be at grade
32 or by overhead structure or by subway, whenever the
33 Commission finds after a hearing or without a hearing as
34 otherwise provided in this paragraph that such
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1 reconstruction, alteration, relocation or improvement is
2 necessary to preserve or promote the safety or convenience of
3 the public or of the employees or passengers of such rail
4 carrier or carriers. By its original order or supplemental
5 orders in such case, the Commission may direct such
6 reconstruction, alteration, relocation, or improvement to be
7 made in such manner and upon such terms and conditions as may
8 be reasonable and necessary and may apportion the cost of
9 such reconstruction, alteration, relocation or improvement
10 and the subsequent maintenance thereof between the rail
11 carrier or carriers and public utilities affected, or between
12 such carrier or carriers and public utilities and the State,
13 county, municipality or other public authority in interest.
14 The cost to be so apportioned shall include the cost of
15 changes or alterations in the equipment of public utilities
16 affected as well as the cost of the relocation, diversion or
17 establishment of any public highway, made necessary by such
18 reconstruction, alteration, relocation or improvement of said
19 crossing. A hearing shall not be required in those instances
20 when the Commission enters an order confirming a written
21 stipulation in which the Commission, the public highway
22 authority in interest, the rail carrier or carriers affected,
23 and in instances involving the use of the Grade Crossing
24 Protection Fund, the Illinois Department of Transportation,
25 agree on the reconstruction, alteration, relocation, or
26 improvement and the subsequent maintenance thereof and the
27 division of costs of such changes of any grade crossing
28 (including the necessary highway approaches thereto) of any
29 railroad across any highway.
30 Every rail carrier operating in the State of Illinois
31 shall construct and maintain every highway crossing over its
32 tracks within the State so that the roadway at the
33 intersection shall be as flush with the rails as
34 superelevated curves will allow, and, unless otherwise
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1 ordered by the Commission, shall construct and maintain the
2 approaches thereto at a grade of not more than 5% within the
3 right of way for a distance of not less the 6 feet on each
4 side of the centerline of such tracks; provided, that the
5 grades at the approaches may be maintained in excess of 5%
6 only when authorized by the Commission.
7 Every rail carrier operating within this State shall
8 remove from its right of way at all grade crossings within
9 the State, such brush, shrubbery and trees as is reasonably
10 practical for a distance of not less than 500 feet in either
11 direction from each grade crossing; however, with the
12 approval of the Commission, rail carriers are not required to
13 remove brush, shrubbery, and trees from the rights of way at
14 grade crossings with luminous flashing signals and crossing
15 gates. The Commission shall have power, upon its own motion,
16 or upon complaint, and after having made proper
17 investigation, to require the installation of adequate and
18 appropriate luminous reflective warning signs, luminous
19 flashing signals, crossing gates illuminated at night or
20 other protective devices in order to promote and safeguard
21 the health and safety of the public. Luminous flashing
22 signal or crossing gate devices installed at grade crossings,
23 which have been approved by the Commission, shall be deemed
24 adequate and appropriate. The Commission shall have authority
25 to determine the number, type and location of such signs,
26 signals, gates or other protective devices which, however,
27 shall conform as near as may be with generally recognized
28 national standards, and said Commission shall have authority
29 to prescribe the division of the cost of the installation and
30 subsequent maintenance of such signs, signals, gates or other
31 protective devices between the rail carrier or carriers, the
32 public highway authority in interest, and in instances
33 involving the use of the Grade Crossing Protection Fund, the
34 Illinois Department of Transportation.
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1 Any person who unlawfully or maliciously removes, throws
2 down, damages or defaces any sign, signal, gate or other
3 protective device, located at or near any public grade
4 crossing, shall be guilty of a petty offense and fined not
5 less than $50 nor more than $200 for each offense. In
6 addition to fines levied under the provisions of this Section
7 a person adjudged guilty hereunder may also be directed to
8 make restitution for the costs of repair or replacement, or
9 both, necessitated by his misconduct.
10 It is the public policy of the State of Illinois to
11 enhance public safety by establishing safe grade crossings.
12 In order to implement this policy, the Illinois Commerce
13 Commission is directed to conduct public hearings and to
14 adopt specific criteria by July 1, 1994, that shall be
15 adhered to by the Illinois Commerce Commission in determining
16 if a grade crossing should be opened or abolished. The
17 following factors shall be considered by the Illinois
18 Commerce Commission in developing the specific criteria for
19 opening and abolishing grade crossings:
20 (a) timetable speed of passenger trains;
21 (b) distance to an alternate crossing;
22 (c) accident history for the last 5 years;
23 (d) number of vehicular traffic and posted speed
24 limits;
25 (e) number of freight trains and their timetable
26 speeds;
27 (f) the type of warning device present at the grade
28 crossing;
29 (g) alignments of the roadway and railroad, and the
30 angle of intersection of those alignments;
31 (h) use of the grade crossing by trucks carrying
32 hazardous materials, vehicles carrying passengers for
33 hire, and school buses; and
34 (i) use of the grade crossing by emergency
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1 vehicles.
2 The Illinois Commerce Commission, upon petition to open
3 or abolish a grade crossing, shall enter an order opening or
4 abolishing the crossing if it meets the specific criteria
5 adopted by the Commission.
6 In no instance shall a grade crossing be permanently
7 closed without public hearing first being held and notice of
8 such hearing being published in an area newspaper of local
9 general circulation.
10 (4) Freight Trains - Radio Communications. The
11 Commission shall after hearing and order require that every
12 main line railroad freight train operating on main tracks
13 outside of yard limits within this State shall be equipped
14 with a radio communication system. The Commission after
15 notice and hearing may grant exemptions from the requirements
16 of this Section as to secondary and branch lines.
17 (5) Railroad Bridges and Trestles - Walkway and
18 Handrail. In cases in which the Commission finds the same to
19 be practical and necessary for safety of railroad employees,
20 bridges and trestles, over and upon which railroad trains are
21 operated, shall include as a part thereof, a safe and
22 suitable walkway and handrail on one side only of such bridge
23 or trestle, and such handrail shall be located at the outer
24 edge of the walkway and shall provide a clearance of not less
25 than 8 feet, 6 inches, from the center line of the nearest
26 track, measured at right angles thereto.
27 (6) Packages Containing Articles for First Aid to
28 Injured on Trains. All rail carriers shall provide a package
29 containing the articles prescribed by the Commission, on each
30 train or engine, for first aid to persons who may be injured
31 in the course of the operation of such trains.
32 (7) Abandoned Bridges, Crossings, and Other Rail Plant.
33 The Commission shall have authority, after notice and
34 hearing, to order:
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1 (a) The removal of any abandoned railroad tracks
2 from roads, streets or other thoroughfares in this State;
3 and
4 (b) The removal of abandoned overhead railroad
5 structures crossing highways, waterways, or railroads.
6 The Commission may equitably apportion the cost of such
7 actions between the rail carrier or carriers, public
8 utilities, and the State, county, municipality, township,
9 road district, or other public authority in interest.
10 (Source: P.A. 88-296.)
11 Section 99. Effective date. This Act takes effect July
12 1, 1997.