Public Act 93-0604
SB272 Enrolled LRB093 05960 DRH 06057 b
AN ACT in relation to vehicles.
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-7401 as follows:
(625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
Sec. 18c-7401. Safety Requirements for Track,
Facilities, and Equipment.
(1) General Requirements. Each rail carrier shall,
consistent with rules, orders, and regulations of the Federal
Railroad Administration, construct, maintain, and operate all
of its equipment, track, and other property in this State in
such a manner as to pose no undue risk to its employees or
the person or property of any member of the public.
(2) Adoption of Federal Standards. The track safety
standards and accident/incident standards promulgated by the
Federal Railroad Administration shall be safety standards of
the Commission. The Commission may, in addition, adopt by
reference in its regulations other federal railroad safety
standards, whether contained in federal statutes or in
regulations adopted pursuant to such statutes.
(3) Railroad Crossings. No public road, highway, or
street shall hereafter be constructed across the track of any
rail carrier at grade, nor shall the track of any rail
carrier be constructed across a public road, highway or
street at grade, without having first secured the permission
of the Commission; provided, that this Section shall not
apply to the replacement of lawfully existing roads, highways
and tracks. No public pedestrian bridge or subway shall be
constructed across the track of any rail carrier without
having first secured the permission of the Commission. The
Commission shall have the right to refuse its permission or
to grant it upon such terms and conditions as it may
prescribe. The Commission shall have power to determine and
prescribe the manner, including the particular point of
crossing, and the terms of installation, operation,
maintenance, use and protection of each such crossing.
The Commission shall also have power, after a hearing, to
require major alteration of or to abolish any crossing,
heretofore or hereafter established, when in its opinion, the
public safety requires such alteration or abolition, and,
except in cities, villages and incorporated towns of
1,000,000 or more inhabitants, to vacate and close that part
of the highway on such crossing altered or abolished and
cause barricades to be erected across such highway in such
manner as to prevent the use of such crossing as a highway,
when, in the opinion of the Commission, the public
convenience served by the crossing in question is not such as
to justify the further retention thereof; or to require a
separation of grades, at railroad-highway grade crossings; or
to require a separation of grades at any proposed crossing
where a proposed public highway may cross the tracks of any
rail carrier or carriers; and to prescribe, after a hearing
of the parties, the terms upon which such separations shall
be made and the proportion in which the expense of the
alteration or abolition of such crossings or the separation
of such grades, having regard to the benefits, if any,
accruing to the rail carrier or any party in interest, shall
be divided between the rail carrier or carriers affected, or
between such carrier or carriers and the State, county,
municipality or other public authority in interest. However,
a public hearing by the Commission to abolish a crossing
shall not be required when the public highway authority in
interest vacates the highway. In such instance the rail
carrier, following notification to the Commission and the
highway authority, shall remove any grade crossing warning
devices and the grade crossing surface.
The Commission shall also have power by its order to
require the reconstruction, minor alteration, minor
relocation or improvement of any crossing (including the
necessary highway approaches thereto) of any railroad across
any highway or public road, pedestrian bridge, or pedestrian
subway, whether such crossing be at grade or by overhead
structure or by subway, whenever the Commission finds after a
hearing or without a hearing as otherwise provided in this
paragraph that such reconstruction, alteration, relocation or
improvement is necessary to preserve or promote the safety or
convenience of the public or of the employees or passengers
of such rail carrier or carriers. By its original order or
supplemental orders in such case, the Commission may direct
such reconstruction, alteration, relocation, or improvement
to be made in such manner and upon such terms and conditions
as may be reasonable and necessary and may apportion the cost
of such reconstruction, alteration, relocation or improvement
and the subsequent maintenance thereof, having regard to the
benefits, if any, accruing to the railroad or any party in
interest, between the rail carrier or carriers and public
utilities affected, or between such carrier or carriers and
public utilities and the State, county, municipality or other
public authority in interest. The cost to be so apportioned
shall include the cost of changes or alterations in the
equipment of public utilities affected as well as the cost of
the relocation, diversion or establishment of any public
highway, made necessary by such reconstruction, alteration,
relocation or improvement of said crossing. A hearing shall
not be required in those instances when the Commission enters
an order confirming a written stipulation in which the
Commission, the public highway authority or other public
authority in interest, the rail carrier or carriers affected,
and in instances involving the use of the Grade Crossing
Protection Fund, the Illinois Department of Transportation,
agree on the reconstruction, alteration, relocation, or
improvement and the subsequent maintenance thereof and the
division of costs of such changes of any grade crossing
(including the necessary highway approaches thereto) of any
railroad across any highway, pedestrian bridge, or pedestrian
subway.
Every rail carrier operating in the State of Illinois
shall construct and maintain every highway crossing over its
tracks within the State so that the roadway at the
intersection shall be as flush with the rails as
superelevated curves will allow, and, unless otherwise
ordered by the Commission, shall construct and maintain the
approaches thereto at a grade of not more than 5% within the
right of way for a distance of not less the 6 feet on each
side of the centerline of such tracks; provided, that the
grades at the approaches may be maintained in excess of 5%
only when authorized by the Commission.
Every rail carrier operating within this State shall
remove from its right of way at all railroad-highway grade
crossings within the State, such brush, shrubbery, and trees
as is reasonably practical for a distance of not less than
500 feet in either direction from each grade crossing. The
Commission shall have power, upon its own motion, or upon
complaint, and after having made proper investigation, to
require the installation of adequate and appropriate luminous
reflective warning signs, luminous flashing signals, crossing
gates illuminated at night, or other protective devices in
order to promote and safeguard the health and safety of the
public. Luminous flashing signal or crossing gate devices
installed at grade crossings, which have been approved by the
Commission, shall be deemed adequate and appropriate. The
Commission shall have authority to determine the number,
type, and location of such signs, signals, gates, or other
protective devices which, however, shall conform as near as
may be with generally recognized national standards, and the
Commission shall have authority to prescribe the division of
the cost of the installation and subsequent maintenance of
such signs, signals, gates, or other protective devices
between the rail carrier or carriers, the public highway
authority or other public authority in interest, and in
instances involving the use of the Grade Crossing Protection
Fund, the Illinois Department of Transportation. If the
Commission has ordered the installation of luminous flashing
signal or crossing gate devices at a grade crossing, the
Commission shall order the installation of temporary stop
signs at the highway intersection with the grade crossing.
The temporary stop signs shall remain in place until the
luminous flashing signal or crossing gate devices have been
installed. The rail carrier is responsible for the cost of
the installation and subsequent maintenance of any required
temporary stop signs.
No railroad may change or modify the warning device
system at a railroad-highway grade crossing, including
warning systems interconnected with highway traffic control
signals, without having first received the approval of the
Commission. The Commission shall have the further power,
upon application, upon its own motion, or upon complaint and
after having made proper investigation, to require the
interconnection of grade crossing warning devices with
traffic control signals at highway intersections located at
or near railroad crossings within the distances described by
the State Manual on Uniform Traffic Control Devices adopted
pursuant to Section 11-301 of this Code. In addition, State
and local authorities may not install, remove, modernize, or
otherwise modify traffic control signals at a highway
intersection that is interconnected or proposed to be
interconnected with grade crossing warning devices when the
change affects the number, type, or location of traffic
control devices on the track approach leg or legs of the
intersection or the timing of the railroad preemption
sequence of operation until the Commission has approved the
installation, removal, modernization, or modification.
Commission approval shall be limited to consideration of
issues directly affecting the public safety at the
railroad-highway grade crossing. The electrical circuit
devices, alternate warning devices, and preemption sequences
shall conform as nearly as possible, considering the
particular characteristics of the crossing and intersection
area, to the State manual adopted by the Illinois Department
of Transportation pursuant to Section 11-301 of this Code and
such federal standards as are made applicable by subsection
(2) of this Section. In order to carry out this authority,
the Commission shall have the authority to determine the
number, type, and location of traffic control devices on the
track approach leg or legs of the intersection and the timing
of the railroad preemption sequence of operation. The
Commission shall prescribe the division of costs for
installation and maintenance of all devices required by this
paragraph between the railroad or railroads and the highway
authority in interest and in instances involving the use of
the Grade Crossing Protection Fund or a State highway, the
Illinois Department of Transportation.
Any person who unlawfully or maliciously removes, throws
down, damages or defaces any sign, signal, gate or other
protective device, located at or near any public grade
crossing, shall be guilty of a petty offense and fined not
less than $50 nor more than $200 for each offense. In
addition to fines levied under the provisions of this Section
a person adjudged guilty hereunder may also be directed to
make restitution for the costs of repair or replacement, or
both, necessitated by his misconduct.
It is the public policy of the State of Illinois to
enhance public safety by establishing safe grade crossings.
In order to implement this policy, the Illinois Commerce
Commission is directed to conduct public hearings and to
adopt specific criteria by July 1, 1994, that shall be
adhered to by the Illinois Commerce Commission in determining
if a grade crossing should be opened or abolished. The
following factors shall be considered by the Illinois
Commerce Commission in developing the specific criteria for
opening and abolishing grade crossings:
(a) timetable speed of passenger trains;
(b) distance to an alternate crossing;
(c) accident history for the last 5 years;
(d) number of vehicular traffic and posted speed
limits;
(e) number of freight trains and their timetable
speeds;
(f) the type of warning device present at the grade
crossing;
(g) alignments of the roadway and railroad, and the
angle of intersection of those alignments;
(h) use of the grade crossing by trucks carrying
hazardous materials, vehicles carrying passengers for
hire, and school buses; and
(i) use of the grade crossing by emergency
vehicles.
The Illinois Commerce Commission, upon petition to open
or abolish a grade crossing, shall enter an order opening or
abolishing the crossing if it meets the specific criteria
adopted by the Commission.
Except as otherwise provided in this subsection (3), in
no instance shall a grade crossing be permanently closed
without public hearing first being held and notice of such
hearing being published in an area newspaper of local general
circulation.
(4) Freight Trains - Radio Communications. The
Commission shall after hearing and order require that every
main line railroad freight train operating on main tracks
outside of yard limits within this State shall be equipped
with a radio communication system. The Commission after
notice and hearing may grant exemptions from the requirements
of this Section as to secondary and branch lines.
(5) Railroad Bridges and Trestles - Walkway and
Handrail. In cases in which the Commission finds the same to
be practical and necessary for safety of railroad employees,
bridges and trestles, over and upon which railroad trains are
operated, shall include as a part thereof, a safe and
suitable walkway and handrail on one side only of such bridge
or trestle, and such handrail shall be located at the outer
edge of the walkway and shall provide a clearance of not less
than 8 feet, 6 inches, from the center line of the nearest
track, measured at right angles thereto.
(6) Packages Containing Articles for First Aid to
Injured on Trains. All rail carriers shall provide a package
containing the articles prescribed by the Commission, on each
train or engine, for first aid to persons who may be injured
in the course of the operation of such trains.
(7) Abandoned Bridges, Crossings, and Other Rail Plant.
The Commission shall have authority, after notice and
hearing, to order:
(a) The removal of any abandoned railroad tracks
from roads, streets or other thoroughfares in this State;
and
(b) The removal of abandoned overhead railroad
structures crossing highways, waterways, or railroads.
The Commission may equitably apportion the cost of such
actions between the rail carrier or carriers, public
utilities, and the State, county, municipality, township,
road district, or other public authority in interest.
(8) Railroad-Highway Bridge Clearance. A vertical
clearance of not less than 23 feet above the top of rail
shall be provided for all new or reconstructed highway
bridges constructed over a railroad track. The Commission
may permit a lesser clearance if it determines that the 23
foot clearance standard cannot be justified based on
engineering, operational, and economic conditions.
(Source: P.A. 90-691, eff. 1-1-99; 91-725, eff. 6-2-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.