Section 1536.10  Petition to Close Grade Crossing

 

a)         A party may petition the Commission to close a grade crossing of a public highway with the tracks of a registered rail carrier on the grounds that public safety requires such a closure.  The Commission shall, at public hearing, consider the evidence presented in the petition.  Such hearing shall be conducted in accordance with the Commission's rules of practice (83 Ill. Adm. Code 200).

b)         The petition filed under subsection (a) of this section shall include the following information about the crossing:

1)         whether the crossing is located in an incorporated city, village or town or in an unincorporated area;

2)         whether the crossing is signalized (i.e., equipped with automatic flashing lights, with or without gates) or unsignalized (i.e., all other types of warning devices, including crossbuck signs), and, if signalized, when warning devices were installed or circuitry was updated;

3)         the average daily vehicular traffic (ADT) which traverses the crossing and posted speed limit (if speed is not posted, it shall be assumed to be 55 mph for crossings outside of incorporated cities and municipalities, or 30 mph for crossings within the limits of incorporated cities and municipalities). The ADT, which must have been taken in a calendar year not more than two calendar years prior to the year of the filing of the petition, shall be obtained from the Illinois Department of Transportation (IDOT); however, if IDOT does not respond within 90 days to such a request, the petitioner may determine the ADT by performing a traffic study utilizing IDOT's current traffic monitoring practices and procedures;

4)         the average number of freight train movements per day over the crossing, calculated by taking the total number of freight train movements which occur over the crossing during a period of 28 consecutive days and then dividing that number by 28;

5)         the average number of passenger train movements per day over the crossing, calculated by taking the total number of passenger train movements which occur over the crossing during a period of 28 consecutive days and then dividing that number by 28;

6)         the maximum timetable speed for freight and for passenger trains operating through the crossing;

7)         the location of the two nearest public rail-highway crossings;

8)         the crossing's accident history for the last 5 years;

9)         the alignments of the roadway and railroad and the angle of intersection of those alignments, and whether visibility of trains to motorists approaching the crossing or to motorists stopped at the crossing is adequate according to Appendix 1, "A Policy of Geometric Designs of Highways and Streets", published by the American Association of State Highway and Transportation Officials (AASHTO) in 1990 (no later editions or amendments included);

10)         the types of vehicular traffic that use the grade crossing (e.g., automobiles, trucks carrying hazardous materials, vehicles carrying passengers for hire, school buses, etc.); and

11)         the location and mailing address of emergency response units having responsibility for the area where the grade crossing is located, as obtained from the county sheriff or county emergency management agency.

c)         Parties to the proceeding or Commission staff may contest the validity of the information included in the petition in accordance with subsection (b) above.

 

Section 1536.20  Criteria for Crossing Closure

 

a)         The hearing examiner shall assign the crossing proposed for closure to one of the following categories:

1)         Category 1:  the crossing is located in an incorporated area and the crossing is signalized;

2)         Category 2:  the crossing is located in an incorporated area and the crossing is unsignalized;

3)         Category 3:  the crossing is located in an unincorporated area and the crossing is signalized; or

4)         Category 4:  the crossing is located in an unincorporated area and the crossing is unsignalized.

b)         The categories listed in subsection (a) of this Section shall be differentiated by:

1)         the crossing's ADT; and

2)         the crossing's Train Volume and Speed Index (TVSI), which is calculated by taking the average number of freight and passenger train movements per day which use the crossing and multiplying each by their maximum timetable train speed.  This calculation is represented by the following equation:

 

TVSI = (T_f x S_f) + (T_p x S_p)

 

Where:

 

TVSI =    Train Volume and Speed Index

 

T_f =         Average number of freight trains/day

 

T_p =         Average number of passenger trains/day

 

S_f =          Maximum timetable speed for freight trains

 

S_p =         Maximum timetable speed for passenger trains

 

c)         The ADT and TVSI thresholds for each category are:

 

Category	Characteristics	Closure Criteria
1:	Incorporated/Signalized*	ADT ≤125 and TVSI ≥ 240
2:	Incorporated/Unsignalized	ADT ≤175 and TVSI ≥ 240
3:	Unincorporated/Signalized*	ADT ≤75 and TVSI ≥ 300
4:	Unincorporated/Unsignalized	ADT ≤100 and TVSI ≥ 300

 

* Where signal equipment or last circuitry update is 10 years old or older.

 

d)         The Commission shall determine if the crossing meets the following criteria:

1)         the crossing has a permanent or seasonal obstruction(s) whereby the visibility of trains to motorists approaching the crossing or to motorists stopped at the crossing is not adequate per Appendix 1, "A Policy of Geometric Designs of Highways and Streets", incorporated in Section 1536.10 (b)(9) of this Part;

2)         the crossing has an ADT value less than or equal to the threshold for the category; and

3)         the crossing has a TVSI value equal to or greater than the threshold for the assigned category.

e)         The Commission shall consider evidence regarding the amount of adverse distance which closure will cause.  For the purposes of this Part, adverse distance is defined as the distance which must be traveled, from one side of the crossing to be closed to reach a point adjacent to and on the opposite side of the crossing, via the nearest alternate public crossing and roadway.  The Commission shall also consider the adequacy of the alternate crossing and roadway.

f)         The alternate public crossing shall not be considered adequate unless, in the case of an at-grade crossing, it is equipped with automatic warning devices and conforms with the requirements of 92 Ill. Adm. Code 1535, or it is grade separated.

g)         The alternate roadway shall be considered adequate if:

1)         it is a roadway with an all-weather surface;

2)         it is of sufficient width to accommodate its existing vehicular traffic plus the vehicular traffic rerouted by the closure, as determined by IDOT's Bureau of Local Roads and Streets;

3)         when an existing road is used as an alternate, the roadway is already, or may legally be, utilized by the same types of vehicular traffic as the roadway where the crossing is sought to be closed; and

4)         rerouting of the crossing's vehicular traffic over the alternate roadway will not have a significant adverse effect on public safety.  Factors to be considered in making this determination include:

A)        the extent to which rerouting will cause or increase an unsafe and incompatible mix of traffic on the alternate roadway;

B)        the extent to which rerouting will increase emergency response time; and

C)        any other evidence of record relating to the safe public use of the alternate roadway.

h)         Proponents of the closure will bear the burden of proving the alternate public crossing and roadway meet the requirements in subsections (f) and (g) above or will meet them after improvements have been made.

i)          The alternate public crossing will not be considered adequate if the amount of adverse distance, as measured along the centerline of the routes which comprise the alternate roadway, which the closure will cause:

1)         is greater than 0.75 miles when any part of the railroad right-of-way or highway right-of-way at the crossing lies within an incorporated town, village or city, or abuts the corporate limits of any town, village or city; or

2)         is greater than four miles in any other case.

j)          The Commission shall order the crossing closed if it meets the criteria set forth in subsections (d), (f), (g) and (i) of this Section or if, under the provisions of Section 18c-7401 of the Illinois Commercial Transportation Law [625 ILCS 5/18c-7401] (ICTL), the Commission finds, based on the totality of evidence presented, that public safety requires the crossing be closed and that public convenience served by the crossing in question is not such as to justify its further retention.  No two consecutive crossings shall be closed in a row without the consent of the affected highway agency(s) if the distance between the two crossings from the centerline of each crossing along the railroad's centerline is equal to or greater than one mile.

k)         The Commission shall, when such action is supported by the evidence, order the construction of a turn-around or cul-de-sac to accommodate school bus traffic and/or highway maintenance equipment affected by the crossing closure.

l)          The Commission shall allocate the cost of any improvements found necessary to accommodate a crossing closure required by this Section among the railroad, IDOT and the Grade Crossing Protection Fund.  The Commission may also allocate costs to the highway agency when evidence of record supports such allocation.

 

Section 1536.30  Petition to Open Grade Crossing

 

A party may petition the Commission to open a grade crossing of a public highway with the tracks of a registered rail carrier on the grounds that public necessity requires such an opening.

 

Section 1536.40  Criteria for Crossing Opening

 

a)         When a petition is filed to extend a public road, highway or street across a track at grade the Commission shall determine if the following criteria are satisfied:

1)         there is presently inadequate or no vehicular access to the area to be served by the crossing;

2)         alternate vehicular access cannot be provided at a cost equal to or less than the cost of establishing the crossing;

3)         the crossing would not meet the Commission's criteria for closure specified in Section 1536.20 of this Part;

4)         the crossing's average daily traffic (ADT) would be at least 1,000 vehicles per day within 3 years after the crossing was established;

5)         the crossing's location does not interfere with the railroad's operational activities such as  switching and usage of a passing track(s) which would result in substantial delay of, or hazard to, motor vehicles; and

6)         the crossing does not pose risks to train crews or motorists beyond those normally associated with at-grade crossings.

b)         The Commission shall order the construction of a new at-grade crossing if all of the criteria set forth in subsection (a) above are satisfied or if, under the provisions of Section 18c-7401 of the Illinois Commercial Transportation Law [625 ILCS 5/18c-7401] (ICTL), the Commission finds, based on the totality of evidence presented, public convenience and necessity requires the opening.

c)         Notwithstanding the provisions of subsection (b) above, the Commission may order the construction of a grade separation if evidence of record supports such a finding.

d)         The Commission shall allocate the cost associated with the construction of a new at-grade crossing or grade separation required by subsection (a), (b) or (c) above among the highway agency(s), IDOT, and the Grade Crossing Protection Fund. The Commission may also allocate costs to the railroad when evidence of record supports such allocation.