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91_SB1393eng
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1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 18c-1703, 18c-7401, and 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 Sections 18c-1703, 18c-7401, and 18c-7402 as
7 follows:
8 (625 ILCS 5/18c-1703) (from Ch. 95 1/2, par. 18c-1703)
9 Sec. 18c-1703. Investigations and Arrests. (1)
10 Enforcement Officers and Investigators. Enforcement officers
11 and investigators appointed by the Commission shall have, and
12 may exercise throughout the state, all the powers of police
13 officers when enforcing provisions of this Chapter, subject
14 to the regulations and orders of the Commission.
15 (2) Investigations.
16 (a) General Provisions. The Commission, through its
17 employees, shall conduct such investigations as are necessary
18 for the enforcement of this Chapter.
19 (b) Examination, Audit and Production of Records.
20 Authorized employees of the Commission shall have the power
21 at any and all times to examine, audit, or demand production
22 of all accounts, books, records, memoranda, and other papers
23 in the possession or control of a license or registration
24 holder, its employees or agents. In addition, every person
25 other than a license or registration holder and every
26 officer, employee or agent of such person shall permit every
27 authorized employee of the Commission, upon administrative
28 subpoena issued by the Chairman or his designee or the
29 Attorney General, to inspect and copy any accounts, books,
30 records, memoranda, letters, checks, vouchers, telegrams,
31 documents, or other papers in its possession or control which
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1 the Commission deems necessary to the proper conduct of an
2 investigation to determine whether provisions of this
3 Chapter, Commission regulations or orders, have been
4 violated.
5 (c) Inspection of Equipment and Facilities. Authorized
6 employees of the Commission shall have the power at all times
7 to inspect the equipment, facilities, and other property of
8 the licensee in the possession or control of a carrier or
9 broker, its employees or agents.
10 (d) Special Investigations. The Commission may also
11 conduct special investigations as necessary for the
12 enforcement of this Chapter. Where such person is found by
13 the Commission to have violated this Chapter, and where the
14 Commission imposes a sanction for such violation under
15 Section 18c-1704 of this Chapter, the Commission may impose
16 on such person an assessment of reasonable expenses incurred
17 by the Commission in the investigation and subsequent
18 proceeding. Such assessment shall not exceed a fee of $100
19 per work day or $50 per half work day, per employee, for the
20 payroll costs of the Commission staff, plus actual
21 transportation (in accordance with applicable state employee
22 travel expense reimbursement regulations) and all other
23 actual expenses incurred in the special investigation and
24 subsequent proceeding.
25 (3) Arrests and Citations. The Commission shall make
26 arrests and issue notices of civil violations where necessary
27 for the enforcement of this Chapter. No rail carrier employee
28 shall be arrested for violation of this Chapter, except that
29 a rail carrier employee who is not exempt from prosecution
30 under subdivision (1)(d) of Section 18c-7402 may be arrested
31 and prosecuted for a violation of subdivision (1)(d) of
32 Section 18c-7402. No person operating a motor vehicle in
33 violation of the licensing or safety provisions of this
34 Chapter shall be permitted to transport property or
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1 passengers beyond the point of arrest unless, in the opinion
2 of the officer making the arrest, it is necessary to
3 transport the property or passengers to another location to
4 insure their safety or to preserve or tend cargo carried in
5 the vehicle.
6 (Source: P.A. 85-553.)
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
32 as it may prescribe. The Commission shall have power to
33 determine and prescribe the manner, including the particular
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1 point of crossing, and the terms of installation, operation,
2 maintenance, use and protection of each such crossing.
3 The Commission shall also have power, after a hearing, to
4 require major alteration of or to abolish any crossing,
5 heretofore or hereafter established, when in its opinion, the
6 public safety requires such alteration or abolition, and,
7 except in cities, villages and incorporated towns of
8 1,000,000 or more inhabitants, to vacate and close that part
9 of the highway on such crossing altered or abolished and
10 cause barricades to be erected across such highway in such
11 manner as to prevent the use of such crossing as a highway,
12 when, in the opinion of the Commission, the public
13 convenience served by the crossing in question is not such as
14 to justify the further retention thereof; or to require a
15 separation of grades, at such crossings; or to require a
16 separation of grades at any proposed crossing where a
17 proposed public highway may cross the tracks of any rail
18 carrier or carriers; and to prescribe, after a hearing of the
19 parties, the terms upon which such separations shall be made
20 and the proportion in which the expense of the alteration or
21 abolition of such crossings or the separation of such grades,
22 having regard to the benefits, if any, accruing to the rail
23 carrier or any party in interest, shall be divided between
24 the rail carrier or carriers affected, or between such
25 carrier or carriers and the State, county, municipality or
26 other public authority in interest. However, a public
27 hearing by the Commission to abolish a crossing shall not be
28 required when the public highway authority in interest
29 vacates the highway. In such instance the rail carrier,
30 following notification to the Commission and the highway
31 authority, shall remove any grade crossing warning devices
32 and the grade crossing surface.
33 The Commission shall also have power by its order to
34 require the reconstruction, minor alteration, minor
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1 relocation or improvement of any crossing (including the
2 necessary highway approaches thereto) of any railroad across
3 any highway or public road, whether such crossing be at grade
4 or by overhead structure or by subway, whenever the
5 Commission finds after a hearing or without a hearing as
6 otherwise provided in this paragraph that such
7 reconstruction, alteration, relocation or improvement is
8 necessary to preserve or promote the safety or convenience of
9 the public or of the employees or passengers of such rail
10 carrier or carriers. For the purpose of this Section, a minor
11 alteration shall include the installation of any type of
12 remote control track switch, technical or operational
13 improvement, or any other actions the Commission deems
14 necessary to reduce the occupancy of crossings by trains and
15 increase public safety. By its original order or supplemental
16 orders in such case, the Commission may direct such
17 reconstruction, alteration, relocation, or improvement to be
18 made in such manner and upon such terms and conditions as may
19 be reasonable and necessary and may apportion the cost of
20 such reconstruction, alteration, relocation or improvement
21 and the subsequent maintenance thereof, having regard to the
22 benefits, if any, accruing to the railroad or any party in
23 interest, between the rail carrier or carriers and public
24 utilities affected, or between such carrier or carriers and
25 public utilities and the State, county, municipality or other
26 public authority in interest. The cost to be so apportioned
27 shall include the cost of changes or alterations in the
28 equipment of public utilities affected as well as the cost of
29 the relocation, diversion or establishment of any public
30 highway, made necessary by such reconstruction, alteration,
31 relocation or improvement of said crossing. A hearing shall
32 not be required in those instances when the Commission enters
33 an order confirming a written stipulation in which the
34 Commission, the public highway authority in interest, the
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1 rail carrier or carriers affected, and in instances involving
2 the use of the Grade Crossing Protection Fund, the Illinois
3 Department of Transportation, agree on the reconstruction,
4 alteration, relocation, or improvement and the subsequent
5 maintenance thereof and the division of costs of such changes
6 of any grade crossing (including the necessary highway
7 approaches thereto) of any railroad across any highway.
8 Every rail carrier operating in the State of Illinois
9 shall construct and maintain every highway crossing over its
10 tracks within the State so that the roadway at the
11 intersection shall be as flush with the rails as
12 superelevated curves will allow, and, unless otherwise
13 ordered by the Commission, shall construct and maintain the
14 approaches thereto at a grade of not more than 5% within the
15 right of way for a distance of not less the 6 feet on each
16 side of the centerline of such tracks; provided, that the
17 grades at the approaches may be maintained in excess of 5%
18 only when authorized by the Commission.
19 Every rail carrier operating within this State shall
20 remove from its right of way at all grade crossings within
21 the State, such brush, shrubbery, and trees as is reasonably
22 practical for a distance of not less than 500 feet in either
23 direction from each grade crossing. The Commission shall have
24 power, upon its own motion, or upon complaint, and after
25 having made proper investigation, to require the installation
26 of adequate and appropriate luminous reflective warning
27 signs, luminous flashing signals, crossing gates illuminated
28 at night, or other protective devices in order to promote and
29 safeguard the health and safety of the public. Luminous
30 flashing signal or crossing gate devices installed at grade
31 crossings, which have been approved by the Commission, shall
32 be deemed adequate and appropriate. The Commission shall have
33 authority to determine the number, type, and location of such
34 signs, signals, gates, or other protective devices which,
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1 however, shall conform as near as may be with generally
2 recognized national standards, and the Commission shall have
3 authority to prescribe the division of the cost of the
4 installation and subsequent maintenance of such signs,
5 signals, gates, or other protective devices between the rail
6 carrier or carriers, the public highway authority in
7 interest, and in instances involving the use of the Grade
8 Crossing Protection Fund, the Illinois Department of
9 Transportation.
10 No railroad may change or modify the warning device
11 system at a railroad-highway grade crossing, including
12 warning systems interconnected with highway traffic control
13 signals, without having first received the approval of the
14 Commission. The Commission shall have the further power,
15 upon application, upon its own motion, or upon complaint and
16 after having made proper investigation, to require the
17 interconnection of grade crossing warning devices with
18 traffic control signals at highway intersections located at
19 or near railroad crossings within the distances described by
20 the State Manual on Uniform Traffic Control Devices adopted
21 pursuant to Section 11-301 of this Code. In addition, State
22 and local authorities may not install, remove, modernize, or
23 otherwise modify traffic control signals at a highway
24 intersection that is interconnected or proposed to be
25 interconnected with grade crossing warning devices when the
26 change affects the number, type, or location of traffic
27 control devices on the track approach leg or legs of the
28 intersection or the timing of the railroad preemption
29 sequence of operation until the Commission has approved the
30 installation, removal, modernization, or modification.
31 Commission approval shall be limited to consideration of
32 issues directly affecting the public safety at the
33 railroad-highway grade crossing. The electrical circuit
34 devices, alternate warning devices, and preemption sequences
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1 shall conform as nearly as possible, considering the
2 particular characteristics of the crossing and intersection
3 area, to the State manual adopted by the Illinois Department
4 of Transportation pursuant to Section 11-301 of this Code and
5 such federal standards as are made applicable by subsection
6 (2) of this Section. In order to carry out this authority,
7 the Commission shall have the authority to determine the
8 number, type, and location of traffic control devices on the
9 track approach leg or legs of the intersection and the timing
10 of the railroad preemption sequence of operation. The
11 Commission shall prescribe the division of costs for
12 installation and maintenance of all devices required by this
13 paragraph between the railroad or railroads and the highway
14 authority in interest and in instances involving the use of
15 the Grade Crossing Protection Fund or a State highway, the
16 Illinois Department of Transportation.
17 Any person who unlawfully or maliciously removes, throws
18 down, damages or defaces any sign, signal, gate or other
19 protective device, located at or near any public grade
20 crossing, shall be guilty of a petty offense and fined not
21 less than $50 nor more than $200 for each offense. In
22 addition to fines levied under the provisions of this Section
23 a person adjudged guilty hereunder may also be directed to
24 make restitution for the costs of repair or replacement, or
25 both, necessitated by his misconduct.
26 It is the public policy of the State of Illinois to
27 enhance public safety by establishing safe grade crossings.
28 In order to implement this policy, the Illinois Commerce
29 Commission is directed to conduct public hearings and to
30 adopt specific criteria by July 1, 1994, that shall be
31 adhered to by the Illinois Commerce Commission in determining
32 if a grade crossing should be opened or abolished. The
33 following factors shall be considered by the Illinois
34 Commerce Commission in developing the specific criteria for
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1 opening and abolishing grade crossings:
2 (a) timetable speed of passenger trains;
3 (b) distance to an alternate crossing;
4 (c) accident history for the last 5 years;
5 (d) number of vehicular traffic and posted speed
6 limits;
7 (e) number of freight trains and their timetable
8 speeds;
9 (f) the type of warning device present at the grade
10 crossing;
11 (g) alignments of the roadway and railroad, and the
12 angle of intersection of those alignments;
13 (h) use of the grade crossing by trucks carrying
14 hazardous materials, vehicles carrying passengers for
15 hire, and school buses; and
16 (i) use of the grade crossing by emergency
17 vehicles.
18 The Illinois Commerce Commission, upon petition to open
19 or abolish a grade crossing, shall enter an order opening or
20 abolishing the crossing if it meets the specific criteria
21 adopted by the Commission.
22 Except as otherwise provided in this subsection (3), in
23 no instance shall a grade crossing be permanently closed
24 without public hearing first being held and notice of such
25 hearing being published in an area newspaper of local general
26 circulation.
27 (4) Freight Trains - Radio Communications. The
28 Commission shall after hearing and order require that every
29 main line railroad freight train operating on main tracks
30 outside of yard limits within this State shall be equipped
31 with a radio communication system. The Commission after
32 notice and hearing may grant exemptions from the requirements
33 of this Section as to secondary and branch lines.
34 (5) Railroad Bridges and Trestles - Walkway and
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1 Handrail. In cases in which the Commission finds the same to
2 be practical and necessary for safety of railroad employees,
3 bridges and trestles, over and upon which railroad trains are
4 operated, shall include as a part thereof, a safe and
5 suitable walkway and handrail on one side only of such bridge
6 or trestle, and such handrail shall be located at the outer
7 edge of the walkway and shall provide a clearance of not less
8 than 8 feet, 6 inches, from the center line of the nearest
9 track, measured at right angles thereto.
10 (6) Packages Containing Articles for First Aid to
11 Injured on Trains. All rail carriers shall provide a package
12 containing the articles prescribed by the Commission, on each
13 train or engine, for first aid to persons who may be injured
14 in the course of the operation of such trains.
15 (7) Abandoned Bridges, Crossings, and Other Rail Plant.
16 The Commission shall have authority, after notice and
17 hearing, to order:
18 (a) The removal of any abandoned railroad tracks
19 from roads, streets or other thoroughfares in this State;
20 and
21 (b) The removal of abandoned overhead railroad
22 structures crossing highways, waterways, or railroads.
23 The Commission may equitably apportion the cost of such
24 actions between the rail carrier or carriers, public
25 utilities, and the State, county, municipality, township,
26 road district, or other public authority in interest.
27 (8) Railroad-Highway Bridge Clearance. A vertical
28 clearance of not less than 23 feet above the top of rail
29 shall be provided for all new or reconstructed highway
30 bridges constructed over a railroad track. The Commission
31 may permit a lesser clearance if it determines that the 23
32 foot clearance standard cannot be justified based on
33 engineering, operational, and economic conditions.
34 (Source: P.A. 89-699, eff. 1-16-97; 90-691, eff. 1-1-99.)
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1 (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
2 (Text of Section before amendment by P.A. 91-675)
3 Sec. 18c-7402. Safety Requirements for Railroad
4 Operations.
5 (1) Obstruction of Crossings.
6 (a) Obstruction of Emergency Vehicles. Every
7 railroad shall be operated in such a manner as to
8 minimize obstruction of emergency vehicles at crossings.
9 Where such obstruction occurs and the train crew is aware
10 of the obstruction, the train crew shall immediately take
11 any action, consistent with safe operating procedure,
12 necessary to remove the obstruction. In the Chicago and
13 St. Louis switching districts, every railroad dispatcher
14 or other person responsible for the movement of railroad
15 equipment in a specific area who receives notification
16 that railroad equipment is obstructing the movement of an
17 emergency vehicle at any crossing within such area shall
18 immediately notify the train crew through use of existing
19 communication facilities. Upon notification, the train
20 crew shall take immediate action in accordance with this
21 paragraph.
22 (b) Obstruction of Highway at Grade Crossing
23 Prohibited. It is unlawful for a rail carrier to permit
24 any train, railroad car or engine to obstruct public
25 travel at a railroad-highway grade crossing for a period
26 in excess of 10 minutes, except where such train,
27 railroad or car is continuously moving or cannot be moved
28 by reason of circumstances over which the rail carrier
29 has no reasonable control. However, no employee acting
30 under the rules or orders of the rail carrier or its
31 supervisory personnel may be prosecuted for such
32 violations.
33 (c) Punishment for Obstruction of Grade Crossing.
34 Any rail carrier violating paragraph (b) of this
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1 subsection shall be guilty of a petty offense and fined
2 not less than $200 nor more than $500 if the duration of
3 the obstruction is in excess of 10 minutes but no longer
4 than 15 minutes. If the duration of the obstruction
5 exceeds 15 minutes the violation shall be a business
6 offense and the following fines shall be imposed: if the
7 duration of the obstruction is in excess of 15 minutes
8 but no longer than 20 minutes, the fine shall be $500; if
9 the duration of the obstruction is in excess of 20
10 minutes but no longer than 25 minutes, the fine shall be
11 $700; if the duration of the obstruction is in excess of
12 25 minutes, but no longer than 30 minutes, the fine shall
13 be $900; if the duration of the obstruction is in excess
14 of 30 minutes but no longer than 35 minutes, the fine
15 shall be $1,000; if the duration of the obstruction is in
16 excess of 35 minutes, the fine shall be $1,000 plus an
17 additional $500 for each 5 minutes of obstruction in
18 excess of 25 minutes of obstruction.
19 (d) Chronic obstruction of a grade crossing. Within
20 the Chicago switching district, the Commission may, after
21 investigation, make a determination that a railroad has
22 engaged in chronic obstruction of a grade crossing. The
23 Commission shall investigate allegations that a
24 railroad's trains repeatedly and with great rate of
25 recurrence obstruct a grade crossing by frequently
26 stopping and causing disruption of vehicular traffic and
27 endangering the lives and safety of the citizens of this
28 State by interfering with the operation of ambulances and
29 fire department vehicles. The Commission shall find that
30 chronic obstruction of a grade crossing has occurred if,
31 within a 2-week period, a railroad's trains have stopped
32 traffic at that crossing for 20 minutes or longer 3 or
33 more times. Once a railroad is designated as chronically
34 obstructing a grade crossing, the Commission shall
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1 forward the results of the investigation to the State's
2 Attorney, of the county where the crossing is located,
3 for prosecution. The penalty for obstructing that grade
4 crossing is a Class C misdemeanor for the first offense.
5 For a second or subsequent offense at the same location
6 the penalty is a Class B misdemeanor and the fine shall
7 be triple the fine amount of the first offense. A
8 railroad employee who is not a supervisor may not be
9 prosecuted under this subdivision (d) for any act or
10 omission committed under rules or orders of the railroad
11 or its supervisory personnel.
12 (2) Other Operational Requirements.
13 (a) Bell and Whistle-Crossings. Every rail carrier
14 shall cause a bell, and a whistle or horn to be placed
15 and kept on each locomotive, and shall cause the same to
16 be rung or sounded by the engineer or fireman, at the
17 distance of a least 1,320 feet, from the place where the
18 railroad crosses or intersects any public highway, and
19 shall be kept ringing or sounding until the highway is
20 reached; provided that at crossings where the Commission
21 shall by order direct, only after a hearing has been held
22 to determine the public is reasonably and sufficiently
23 protected, the rail carrier may be excused from giving
24 warning provided by this paragraph.
25 (b) Speed Limits. Each rail carrier shall operate
26 its trains in compliance with speed limits set by the
27 Commission. The Commission may set train speed limits
28 only where such limits are necessitated by extraordinary
29 circumstances effecting the public safety, and shall
30 maintain such train speed limits in effect only for such
31 time as the extraordinary circumstances prevail.
32 The Commission and the Department of Transportation
33 shall conduct a study of the relation between train
34 speeds and railroad-highway grade crossing safety. The
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1 Commission shall report the findings of the study to the
2 General Assembly no later than January 5, 1997.
3 (c) Special Speed Limit; Pilot Project. The
4 Commission and the Board of the Commuter Rail Division of
5 the Regional Transportation Authority shall conduct a
6 pilot project in the Village of Fox River Grove, the site
7 of the fatal school bus accident at a railroad crossing
8 on October 25, 1995, in order to improve railroad
9 crossing safety. For this project, the Commission is
10 directed to set the maximum train speed limit for
11 Regional Transportation Authority trains at 50 miles per
12 hour at intersections on that portion of the intrastate
13 rail line located in the Village of Fox River Grove. If
14 the Regional Transportation Authority deliberately fails
15 to comply with this maximum speed limit, then any entity,
16 governmental or otherwise, that provides capital or
17 operational funds to the Regional Transportation
18 Authority shall appropriately reduce or eliminate that
19 funding. The Commission shall report to the Governor and
20 the General Assembly on the results of this pilot project
21 in January 1999, January 2000, and January 2001. The
22 Commission shall also submit a final report on the pilot
23 project to the Governor and the General Assembly in
24 January 2001. The provisions of this subsection (c),
25 other than this sentence, are inoperative after February
26 1, 2001.
27 (3) Report and Investigation of Rail Accidents.
28 (a) Reports. Every rail carrier shall report to the
29 Commission, by the speediest means possible, whether
30 telephone, telegraph, or otherwise, every accident
31 involving its equipment, track, or other property which
32 resulted in loss of life to any person. In addition,
33 such carriers shall file a written report with the
34 Commission. Reports submitted under this paragraph shall
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1 be strictly confidential, shall be specifically
2 prohibited from disclosure, and shall not be admissible
3 in any administrative or judicial proceeding relating to
4 the accidents reported.
5 (b) Investigations. The Commission may investigate
6 all railroad accidents reported to it or of which it
7 acquires knowledge independent of reports made by rail
8 carriers, and shall have the power, consistent with
9 standards and procedures established under the Federal
10 Railroad Safety Act, as amended, to enter such temporary
11 orders as will minimize the risk of future accidents
12 pending notice, hearing, and final action by the
13 Commission.
14 (Source: P.A. 89-699, eff. 1-16-97; 90-187, eff. 1-1-98.)
15 (Text of Section after amendment by P.A. 91-675)
16 Sec. 18c-7402. Safety Requirements for Railroad
17 Operations.
18 (1) Obstruction of Crossings.
19 (a) Obstruction of Emergency Vehicles. Every
20 railroad shall be operated in such a manner as to
21 minimize obstruction of emergency vehicles at crossings.
22 Where such obstruction occurs and the train crew is aware
23 of the obstruction, the train crew shall immediately take
24 any action, consistent with safe operating procedure,
25 necessary to remove the obstruction. In the Chicago and
26 St. Louis switching districts, every railroad dispatcher
27 or other person responsible for the movement of railroad
28 equipment in a specific area who receives notification
29 that railroad equipment is obstructing the movement of an
30 emergency vehicle at any crossing within such area shall
31 immediately notify the train crew through use of existing
32 communication facilities. Upon notification, the train
33 crew shall take immediate action in accordance with this
34 paragraph.
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1 (b) Obstruction of Highway at Grade Crossing
2 Prohibited. It is unlawful for a rail carrier to permit
3 any train, railroad car or engine to obstruct public
4 travel at a railroad-highway grade crossing for a period
5 in excess of 10 minutes, except where such train or
6 railroad car is continuously moving or cannot be moved by
7 reason of circumstances over which the rail carrier has
8 no reasonable control.
9 In a county with a population of greater than 1,000,000,
10 as determined by the most recent federal census, during the
11 hours of 7:00 a.m. through 9:00 a.m. and 4:00 p.m. through
12 6:00 p.m. it is unlawful for a rail carrier to permit any
13 single train or railroad car to obstruct public travel at a
14 railroad-highway grade crossing in excess of a total of 10
15 minutes during a 30 minute period, except where the train or
16 railroad car cannot be moved by reason or circumstances over
17 which the rail carrier has no reasonable control. Under no
18 circumstances will a moving train be stopped for the purposes
19 of issuing a citation related to this Section.
20 However, no employee acting under the rules or orders of
21 the rail carrier or its supervisory personnel may be
22 prosecuted for a violation of this subsection (b).
23 (c) Punishment for Obstruction of Grade Crossing.
24 Any rail carrier violating paragraph (b) of this
25 subsection shall be guilty of a petty offense and fined
26 not less than $200 nor more than $500 if the duration of
27 the obstruction is in excess of 10 minutes but no longer
28 than 15 minutes. If the duration of the obstruction
29 exceeds 15 minutes the violation shall be a business
30 offense and the following fines shall be imposed: if the
31 duration of the obstruction is in excess of 15 minutes
32 but no longer than 20 minutes, the fine shall be $500; if
33 the duration of the obstruction is in excess of 20
34 minutes but no longer than 25 minutes, the fine shall be
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1 $700; if the duration of the obstruction is in excess of
2 25 minutes, but no longer than 30 minutes, the fine shall
3 be $900; if the duration of the obstruction is in excess
4 of 30 minutes but no longer than 35 minutes, the fine
5 shall be $1,000; if the duration of the obstruction is in
6 excess of 35 minutes, the fine shall be $1,000 plus an
7 additional $500 for each 5 minutes of obstruction in
8 excess of 25 minutes of obstruction.
9 (d) Chronic obstruction of a grade crossing. Within
10 the Chicago switching district, the Commission may, after
11 investigation, make a determination that a railroad has
12 engaged in chronic obstruction of a grade crossing. The
13 Commission shall investigate allegations that a
14 railroad's trains repeatedly and with great rate of
15 recurrence obstruct a grade crossing by frequently
16 stopping and causing disruption of vehicular traffic and
17 endangering the lives and safety of the citizens of this
18 State by interfering with the operation of ambulances and
19 fire department vehicles. The Commission shall find that
20 chronic obstruction of a grade crossing has occurred if,
21 within a 2-week period, a railroad's trains have stopped
22 traffic at that crossing for 20 minutes or longer 3 or
23 more times. Once a railroad is designated as chronically
24 obstructing a grade crossing, the Commission shall
25 forward the results of the investigation to the State's
26 Attorney, of the county where the crossing is located,
27 for prosecution. The penalty for obstructing that grade
28 crossing is a Class C misdemeanor for the first offense.
29 For a second or subsequent offense at the same location
30 the penalty is a Class B misdemeanor and the fine shall
31 be triple the fine amount of the first offense. A
32 railroad employee who is not a supervisor may not be
33 prosecuted under this subdivision (d) for any act or
34 omission committed under rules or orders of the railroad
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1 or its supervisory personnel.
2 (2) Other Operational Requirements.
3 (a) Bell and Whistle-Crossings. Every rail carrier
4 shall cause a bell, and a whistle or horn to be placed
5 and kept on each locomotive, and shall cause the same to
6 be rung or sounded by the engineer or fireman, at the
7 distance of a least 1,320 feet, from the place where the
8 railroad crosses or intersects any public highway, and
9 shall be kept ringing or sounding until the highway is
10 reached; provided that at crossings where the Commission
11 shall by order direct, only after a hearing has been held
12 to determine the public is reasonably and sufficiently
13 protected, the rail carrier may be excused from giving
14 warning provided by this paragraph.
15 (b) Speed Limits. Each rail carrier shall operate
16 its trains in compliance with speed limits set by the
17 Commission. The Commission may set train speed limits
18 only where such limits are necessitated by extraordinary
19 circumstances effecting the public safety, and shall
20 maintain such train speed limits in effect only for such
21 time as the extraordinary circumstances prevail.
22 The Commission and the Department of Transportation
23 shall conduct a study of the relation between train
24 speeds and railroad-highway grade crossing safety. The
25 Commission shall report the findings of the study to the
26 General Assembly no later than January 5, 1997.
27 (c) Special Speed Limit; Pilot Project. The
28 Commission and the Board of the Commuter Rail Division of
29 the Regional Transportation Authority shall conduct a
30 pilot project in the Village of Fox River Grove, the site
31 of the fatal school bus accident at a railroad crossing
32 on October 25, 1995, in order to improve railroad
33 crossing safety. For this project, the Commission is
34 directed to set the maximum train speed limit for
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1 Regional Transportation Authority trains at 50 miles per
2 hour at intersections on that portion of the intrastate
3 rail line located in the Village of Fox River Grove. If
4 the Regional Transportation Authority deliberately fails
5 to comply with this maximum speed limit, then any entity,
6 governmental or otherwise, that provides capital or
7 operational funds to the Regional Transportation
8 Authority shall appropriately reduce or eliminate that
9 funding. The Commission shall report to the Governor and
10 the General Assembly on the results of this pilot project
11 in January 1999, January 2000, and January 2001. The
12 Commission shall also submit a final report on the pilot
13 project to the Governor and the General Assembly in
14 January 2001. The provisions of this subsection (c),
15 other than this sentence, are inoperative after February
16 1, 2001.
17 (3) Report and Investigation of Rail Accidents.
18 (a) Reports. Every rail carrier shall report to the
19 Commission, by the speediest means possible, whether
20 telephone, telegraph, or otherwise, every accident
21 involving its equipment, track, or other property which
22 resulted in loss of life to any person. In addition,
23 such carriers shall file a written report with the
24 Commission. Reports submitted under this paragraph shall
25 be strictly confidential, shall be specifically
26 prohibited from disclosure, and shall not be admissible
27 in any administrative or judicial proceeding relating to
28 the accidents reported.
29 (b) Investigations. The Commission may investigate
30 all railroad accidents reported to it or of which it
31 acquires knowledge independent of reports made by rail
32 carriers, and shall have the power, consistent with
33 standards and procedures established under the Federal
34 Railroad Safety Act, as amended, to enter such temporary
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1 orders as will minimize the risk of future accidents
2 pending notice, hearing, and final action by the
3 Commission.
4 (Source: P.A. 90-187, eff. 1-1-98; 91-675, eff. 6-1-00.)
5 Section 95. No acceleration or delay. Where this Act
6 makes changes in a statute that is represented in this Act by
7 text that is not yet or no longer in effect (for example, a
8 Section represented by multiple versions), the use of that
9 text does not accelerate or delay the taking effect of (i)
10 the changes made by this Act or (ii) provisions derived from
11 any other Public Act.
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.
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