State of Illinois
91st General Assembly
Legislation

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[ Senate Amendment 001 ]

91_SB1136eng

 
SB1136 Engrossed                              SDS/910017/AMdo

 1        AN  ACT  to  amend  the Illinois Vehicle Code by changing
 2    Section 18c-7402.

 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-7402 as follows:

 7        (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
 8        Sec.   18c-7402.  Safety   Requirements   for    Railroad
 9    Operations.
10        (1)  Obstruction of Crossings.
11             (a)  Obstruction   of   Emergency   Vehicles.  Every
12        railroad shall  be  operated  in  such  a  manner  as  to
13        minimize  obstruction of emergency vehicles at crossings.
14        Where such obstruction occurs and the train crew is aware
15        of the obstruction, the train crew shall immediately take
16        any action, consistent  with  safe  operating  procedure,
17        necessary  to remove the obstruction.  In the Chicago and
18        St. Louis switching districts, every railroad  dispatcher
19        or  other person responsible for the movement of railroad
20        equipment in a specific area  who  receives  notification
21        that railroad equipment is obstructing the movement of an
22        emergency  vehicle at any crossing within such area shall
23        immediately notify the train crew through use of existing
24        communication facilities.  Upon notification,  the  train
25        crew  shall take immediate action in accordance with this
26        paragraph.
27             (b)  Obstruction  of  Highway  at   Grade   Crossing
28        Prohibited.  It  is unlawful for a rail carrier to permit
29        any train, railroad car  or  engine  to  obstruct  public
30        travel  at a railroad-highway grade crossing for a period
31        in excess of 10 minutes,  except  where  such  train  or,
 
SB1136 Engrossed            -2-               SDS/910017/AMdo
 1        railroad or car is continuously moving or cannot be moved
 2        by  reason  of  circumstances over which the rail carrier
 3        has no reasonable control.
 4        In a county with a population of greater than  1,000,000,
 5    as  determined  by the most recent federal census, during the
 6    hours of 7:00 a.m. through 9:00 a.m. and  4:00  p.m.  through
 7    6:00  p.m.  it  is  unlawful for a rail carrier to permit any
 8    train  or  railroad  car  to  obstruct  public  travel  at  a
 9    railroad-highway grade crossing in excess of a  total  of  10
10    minutes  during a 30 minute period, except where the train or
11    railroad car cannot be moved by reason or circumstances  over
12    which the rail carrier has no reasonable control.
13        However,  no employee acting under the rules or orders of
14    the  rail  carrier  or  its  supervisory  personnel  may   be
15    prosecuted  for  a  violation  of  this  subsection  (b) such
16    violations.
17             (c)  Punishment for Obstruction of  Grade  Crossing.
18        Any   rail   carrier  violating  paragraph  (b)  of  this
19        subsection shall be guilty of a petty offense  and  fined
20        not  less than $200 nor more than $500 if the duration of
21        the obstruction is in excess of 10 minutes but no  longer
22        than  15  minutes.   If  the  duration of the obstruction
23        exceeds 15 minutes the  violation  shall  be  a  business
24        offense and the following fines shall be imposed:  if the
25        duration  of  the  obstruction is in excess of 15 minutes
26        but no longer than 20 minutes, the fine shall be $500; if
27        the duration of  the  obstruction  is  in  excess  of  20
28        minutes  but no longer than 25 minutes, the fine shall be
29        $700; if the duration of the obstruction is in excess  of
30        25 minutes, but no longer than 30 minutes, the fine shall
31        be  $900; if the duration of the obstruction is in excess
32        of 30 minutes but no longer than  35  minutes,  the  fine
33        shall be $1,000; if the duration of the obstruction is in
34        excess  of  35  minutes, the fine shall be $1,000 plus an
 
SB1136 Engrossed            -3-               SDS/910017/AMdo
 1        additional $500 for each  5  minutes  of  obstruction  in
 2        excess of 25 minutes of obstruction.
 3        (2)  Other Operational Requirements.
 4             (a)  Bell  and Whistle-Crossings. Every rail carrier
 5        shall cause a bell, and a whistle or horn  to  be  placed
 6        and  kept on each locomotive, and shall cause the same to
 7        be rung or sounded by the engineer  or  fireman,  at  the
 8        distance  of a least 1,320 feet, from the place where the
 9        railroad crosses or intersects any  public  highway,  and
10        shall  be  kept  ringing or sounding until the highway is
11        reached; provided that at crossings where the  Commission
12        shall by order direct, only after a hearing has been held
13        to  determine  the  public is reasonably and sufficiently
14        protected, the rail carrier may be  excused  from  giving
15        warning provided by this paragraph.
16             (b)  Speed  Limits.  Each rail carrier shall operate
17        its trains in compliance with speed  limits  set  by  the
18        Commission.   The  Commission  may set train speed limits
19        only where such limits are necessitated by  extraordinary
20        circumstances  effecting  the  public  safety,  and shall
21        maintain such train speed limits in effect only for  such
22        time as the extraordinary circumstances prevail.
23             The  Commission and the Department of Transportation
24        shall conduct a  study  of  the  relation  between  train
25        speeds  and  railroad-highway grade crossing safety.  The
26        Commission shall report the findings of the study to  the
27        General Assembly no later than January 5, 1997.
28             (c)  Special   Speed   Limit;  Pilot  Project.   The
29        Commission and the Board of the Commuter Rail Division of
30        the Regional Transportation  Authority  shall  conduct  a
31        pilot project in the Village of Fox River Grove, the site
32        of  the  fatal school bus accident at a railroad crossing
33        on  October  25,  1995,  in  order  to  improve  railroad
34        crossing safety.  For this  project,  the  Commission  is
 
SB1136 Engrossed            -4-               SDS/910017/AMdo
 1        directed  to  set  the  maximum  train  speed  limit  for
 2        Regional  Transportation Authority trains at 50 miles per
 3        hour at intersections on that portion of  the  intrastate
 4        rail  line  located in the Village of Fox River Grove. If
 5        the Regional Transportation Authority deliberately  fails
 6        to comply with this maximum speed limit, then any entity,
 7        governmental  or  otherwise,  that  provides  capital  or
 8        operational   funds   to   the   Regional  Transportation
 9        Authority shall appropriately reduce  or  eliminate  that
10        funding.  The Commission shall report to the Governor and
11        the General Assembly on the results of this pilot project
12        in January 1999, January  2000,  and  January  2001.  The
13        Commission  shall also submit a final report on the pilot
14        project to the  Governor  and  the  General  Assembly  in
15        January  2001.   The  provisions  of this subsection (c),
16        other than this sentence, are inoperative after  February
17        1, 2001.
18        (3)  Report and Investigation of Rail Accidents.
19             (a)  Reports. Every rail carrier shall report to the
20        Commission,  by  the  speediest  means  possible, whether
21        telephone,  telegraph,  or  otherwise,   every   accident
22        involving  its  equipment, track, or other property which
23        resulted in loss of life to  any  person.   In  addition,
24        such  carriers  shall  file  a  written  report  with the
25        Commission. Reports submitted under this paragraph  shall
26        be   strictly   confidential,   shall   be   specifically
27        prohibited  from disclosure,  and shall not be admissible
28        in any administrative or judicial proceeding relating  to
29        the accidents reported.
30             (b)  Investigations.  The Commission may investigate
31        all railroad accidents reported to  it  or  of  which  it
32        acquires  knowledge  independent  of reports made by rail
33        carriers, and  shall  have  the  power,  consistent  with
34        standards  and  procedures  established under the Federal
 
SB1136 Engrossed            -5-               SDS/910017/AMdo
 1        Railroad Safety Act, as amended, to enter such  temporary
 2        orders  as  will  minimize  the  risk of future accidents
 3        pending  notice,  hearing,  and  final  action   by   the
 4        Commission.
 5    (Source: P.A. 89-699, eff. 1-16-97; 90-187, eff. 1-1-98.)

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