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92nd General Assembly

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Public Act 92-0284

HB0579 Enrolled                                LRB9201256DHmg

    AN ACT to amend the Illinois  Vehicle  Code  by  changing
Section 18c-7402 and adding Section 18c-7402.1.

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

    Section 5.  The  Illinois  Vehicle  Code  is  amended  by
changing  Section  18c-7402  and adding Section 18c-7402.1 as
follows:

    (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 shall  be  operated  in  such  a  manner  as  to
    minimize  obstruction of emergency vehicles at crossings.
    Where such obstruction occurs and the train crew is aware
    of the obstruction, the train crew shall immediately take
    any action, consistent  with  safe  operating  procedure,
    necessary  to remove the obstruction.  In the Chicago and
    St. Louis switching districts, every railroad  dispatcher
    or  other person responsible for the movement of railroad
    equipment in a specific area  who  receives  notification
    that railroad equipment is obstructing the movement of an
    emergency  vehicle at any crossing within such area shall
    immediately notify the train crew through use of existing
    communication facilities.  Upon notification,  the  train
    crew  shall take immediate action in accordance with this
    paragraph.
         (b)  Obstruction  of  Highway  at   Grade   Crossing
    Prohibited.  It  is unlawful for a rail carrier to permit
    any train, railroad car  or  engine  to  obstruct  public
    travel  at a railroad-highway grade crossing for a period
    in excess of 10  minutes,  except  where  such  train  or
    railroad car is continuously moving or cannot be moved by
    reason  of  circumstances over which the rail carrier has
    no reasonable control.
    In a county with a population of greater than  1,000,000,
as  determined  by the most recent federal census, during the
hours of 7:00 a.m. through 9:00 a.m. and  4:00  p.m.  through
6:00  p.m.  it  is  unlawful for a rail carrier to permit any
single train or railroad car to obstruct public travel  at  a
railroad-highway  grade  crossing  in excess of a total of 10
minutes during a 30 minute period, except where the train  or
railroad  car cannot be moved by reason or circumstances over
which the rail carrier has no reasonable control.   Under  no
circumstances will a moving train be stopped for the purposes
of issuing a citation related to this Section.
    However,  no employee acting under the rules or orders of
the  rail  carrier  or  its  supervisory  personnel  may   be
prosecuted for a violation of this subsection (b).
         (c)  Punishment  for  Obstruction of Grade Crossing.
    Any  rail  carrier  violating  paragraph  (b)   of   this
    subsection  shall  be guilty of a petty offense and fined
    not less than $200 nor more than $500 if the duration  of
    the  obstruction is in excess of 10 minutes but no longer
    than 15 minutes.  If  the  duration  of  the  obstruction
    exceeds  15  minutes  the  violation  shall be a business
    offense and the following fines shall be imposed:  if the
    duration of the obstruction is in excess  of  15  minutes
    but no longer than 20 minutes, the fine shall be $500; if
    the  duration  of  the  obstruction  is  in  excess of 20
    minutes but no longer than 25 minutes, the fine shall  be
    $700;  if the duration of the obstruction is in excess of
    25 minutes, but no longer than 30 minutes, the fine shall
    be $900; if the duration of the obstruction is in  excess
    of  30  minutes  but  no longer than 35 minutes, the fine
    shall be $1,000; if the duration of the obstruction is in
    excess of 35 minutes, the fine shall be  $1,000  plus  an
    additional  $500  for  each  5  minutes of obstruction in
    excess of 25 minutes of obstruction.
    (2)  Other Operational Requirements.
         (a)  Bell and Whistle-Crossings. Every rail  carrier
    shall  cause  a  bell, and a whistle or horn to be placed
    and kept on each locomotive, and shall cause the same  to
    be  rung  or  sounded  by the engineer or fireman, at the
    distance of a least 1,320 feet, from the place where  the
    railroad  crosses  or  intersects any public highway, and
    shall be kept ringing or sounding until  the  highway  is
    reached;  provided that at crossings where the Commission
    shall by order direct, only after a hearing has been held
    to determine the public is  reasonably  and  sufficiently
    protected,  the  rail  carrier may be excused from giving
    warning provided by this paragraph.
         (a-5)  The requirements of  paragraph  (a)  of  this
    subsection  (2)  regarding  ringing a bell and sounding a
    whistle or horn do not apply at a railroad crossing  that
    has  a  permanently  installed  automated audible warning
    device  authorized  by  the  Commission   under   Section
    18c-7402.1  that sounds automatically when an approaching
    train is at least 1,320 feet from the crossing  and  that
    keeps  sounding until the lead locomotive has crossed the
    highway.  The engineer or fireman may ring  the  bell  or
    sound the whistle or horn at a railroad crossing that has
    a permanently installed audible warning device.
         (b)  Speed  Limits.  Each rail carrier shall operate
    its trains in compliance with speed  limits  set  by  the
    Commission.   The  Commission  may set train speed limits
    only where such limits are necessitated by  extraordinary
    circumstances  effecting  the  public  safety,  and shall
    maintain such train speed limits in effect only for  such
    time as the extraordinary circumstances prevail.
         The  Commission and the Department of Transportation
    shall conduct a  study  of  the  relation  between  train
    speeds  and  railroad-highway grade crossing safety.  The
    Commission shall report the findings of the study to  the
    General Assembly no later than January 5, 1997.
         (c)  Special   Speed   Limit;  Pilot  Project.   The
    Commission and the Board of the Commuter Rail Division of
    the Regional Transportation  Authority  shall  conduct  a
    pilot project in the Village of Fox River Grove, the site
    of  the  fatal school bus accident at a railroad crossing
    on  October  25,  1995,  in  order  to  improve  railroad
    crossing safety.  For this  project,  the  Commission  is
    directed  to  set  the  maximum  train  speed  limit  for
    Regional  Transportation Authority trains at 50 miles per
    hour at intersections on that portion of  the  intrastate
    rail  line  located in the Village of Fox River Grove. If
    the Regional Transportation Authority deliberately  fails
    to comply with this maximum speed limit, then any entity,
    governmental  or  otherwise,  that  provides  capital  or
    operational   funds   to   the   Regional  Transportation
    Authority shall appropriately reduce  or  eliminate  that
    funding.  The Commission shall report to the Governor and
    the General Assembly on the results of this pilot project
    in January 1999, January  2000,  and  January  2001.  The
    Commission  shall also submit a final report on the pilot
    project to the  Governor  and  the  General  Assembly  in
    January  2001.   The  provisions  of this subsection (c),
    other than this sentence, are inoperative after  February
    1, 2001.
    (3)  Report and Investigation of Rail Accidents.
         (a)  Reports. Every rail carrier shall report to the
    Commission,  by  the  speediest  means  possible, whether
    telephone,  telegraph,  or  otherwise,   every   accident
    involving  its  equipment, track, or other property which
    resulted in loss of life to  any  person.   In  addition,
    such  carriers  shall  file  a  written  report  with the
    Commission. Reports submitted under this paragraph  shall
    be   strictly   confidential,   shall   be   specifically
    prohibited  from disclosure,  and shall not be admissible
    in any administrative or judicial proceeding relating  to
    the accidents reported.
         (b)  Investigations.  The Commission may investigate
    all railroad accidents reported to  it  or  of  which  it
    acquires  knowledge  independent  of reports made by rail
    carriers, and  shall  have  the  power,  consistent  with
    standards  and  procedures  established under the Federal
    Railroad Safety Act, as amended, to enter such  temporary
    orders  as  will  minimize  the  risk of future accidents
    pending  notice,  hearing,  and  final  action   by   the
    Commission.
(Source: P.A. 90-187, eff. 1-1-98; 91-675, eff. 6-1-00.)

    (625 ILCS 5/18c-7402.1 new)
    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.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 17, 2001.
    Approved August 09, 2001.

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