Public Act 90-0187 of the 90th General Assembly
Public Act 90-0187
HB0050 Enrolled LRB9000534NTsb
AN ACT to amend the Illinois Vehicle Code by changing
Section 18c-7402 and adding Section 18c-7402.5.
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-7402.5 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,
railroad or car is continuously moving or cannot be moved
by reason of circumstances over which the rail carrier
has no reasonable control. However, no employee acting
under the rules or orders of the rail carrier or its
supervisory personnel may be prosecuted for such
violations.
(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.
(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. 89-699, eff. 1-16-97.)
(625 ILCS 5/18c-7402.5 new)
Sec. 18c-7402.5. Railroad crossing safety study and
forum. The Commission shall conduct a detailed safety study
at all the railroad crossings in the Village of Fox River
Grove, in close consultation with the Village of Fox River
Grove. The Commission shall conduct at least one public
forum to discuss railroad crossing safety, including without
limitation the impact of lowering train speeds. The
Commission shall report to the Governor and the General
Assembly on the results of this study and forum 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. This
Section is repealed on February 1, 2001.
Section 99. Effective date. This Act takes effect
January 1, 1998.