SB3836 104TH GENERAL ASSEMBLY

LRB104 17501 LNS 30928 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3836

Introduced 2/6/2026, by Sen. Elgie R. Sims, Jr.

SYNOPSIS AS INTRODUCED:

New Act
625 ILCS 5/11-1201	from Ch. 95 1/2, par. 11-1201
625 ILCS 5/18c-7402	from Ch. 95 1/2, par. 18c-7402

Creates the Illinois Railway Safety Act of 2026. Requires a locomotive engineer to be present in the locomotive cab of every train operating on a line and to be capable of taking control of the operation of the train in the event of a safety issue occurring. Requires a locomotive engineer to take full control of the train when a safety issue occurs in order to mitigate the safety issue and any safety risks. Requires the Illinois Commerce Commission to work with each railroad company to ensure that wayside detector systems are installed and operating along railroad tracks on which the railroad operates and to ensure that specified standards are met. Sets forth investigation and reporting requirements for the Commission and the Department of Transportation if a railroad company refuses to work or otherwise cooperate with the Commission. Sets forth wayside detector system installation distance requirements, waivers, and exemptions. Provides that when a wayside detector system detects a defect, if the message regarding the defect is not immediately sent to the operator, the person that receives the message shall immediately notify the operator of the defect. Requires visual inspections not less than twice a week for all main track designated within the State for operation at class III carrier speeds or higher. Allows the Commission to enforce the Act, which may include civil penalties for a violation of the Act. Amends the Illinois Vehicle Code. Provides that if a driver is involved in a collision at a grade crossing resulting in the injury or fatality of a railway worker, that driver shall have the driver's driving privileges suspended for a period of not less than 6 months up to revocation. Prohibits a railroad from operating on any main line or any other line any train which exceeds 8,500 feet in length.

A BILL FOR

AN ACT concerning transportation.

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

Section 1. Short title. This Act may be cited as the Illinois Railway Safety Act of 2026.

Section 5. Findings. The General Assembly finds that:

(1) Rail transportation presents unique safety risks to the public, rail employees, and communities.

(2) The presence of a qualified locomotive engineer is essential for the safe operation of trains during safety-related events.

(3) This Act is intended to protect public safety while remaining consistent with applicable federal law.

Section 10. Definitions. As used in this Act:

"Class I carrier", "class II carrier", and "class III carrier" have the meanings given to those terms in 49 CFR 1201(1-1).

"Commission" means the Illinois Commerce Commission.

"Defects" include hot wheel bearings, hot wheels, defective bearings that are detected through acoustics, dragging equipment, excessive height or weight, shifted loads, low hoses, rail temperature, and wheel condition.

"Department" means the Department of Transportation.

"Intercity or commuter passenger service" does not include tourist, scenic, historic, or excursion operations.

"Line" means a line of railroad.

"Locomotive cab" means the compartment or space on board a locomotive where the control stand is located and which is normally occupied by the engineer when the locomotive is operated.

"Locomotive engineer" means an individual proficient on the territory the individual operates and certified pursuant to applicable federal regulations, including 49 CFR 240, to operate a locomotive.

"Main line" means any railroad, as documented in current timetables filed by any railroad with the Federal Railroad Administration under 49 CFR 217.7, over which 5,000,000 or more gross tons of railroad traffic is transported annually or used for regularly scheduled intercity or commuter rail passenger service, or both.

"Main track" means a track, other than an auxiliary track, extending through yards or between stations, upon which trains are operated by timetable or train order or both, or the use of which is governed by a signal system.

"Railroad" means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including intercity passenger rail and commuter passenger service in a metropolitan or suburban area, and high-speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads. "Railroad" does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.

"Safety issue" means any condition, event, malfunction, or circumstance that poses an actual or imminent risk to the safe operation of a train, including, but not limited to, mechanical failure, signal system irregularities, track defects, emergency conditions, and operational anomalies.

"Train" means one or more locomotives coupled with or without cars, requiring an air brake test in accordance with 49 CFR 232 or 238, except during switching operations or where the operation is that of classifying and assembling rail cars within a railroad yard for the purpose of making or breaking up trains. "Train" also means a single locomotive, multiple locomotives coupled together, or one or more locomotives coupled with one or more cars. "Train" does not include yard movements.

"Wayside detector system" means an electronic device or a series of connected devices that scan passing trains, rolling stock, on-track equipment, and their component equipment and parts for defects.

"Yard" means a system of railroad tracks, not including main tracks and sidings, used for classifying cars, making-up and inspecting trains, or storing cars and equipment.

Section 15. Requirement for locomotive engineer during safety issues.

(a) A locomotive engineer shall be present in the locomotive cab of every train operating on a line within the State and shall be capable of taking control of the operation of the train in the event of a safety issue occurring. This requirement does not apply to yards.

(b) The locomotive engineer required under this Section shall:

(1) hold a valid and current locomotive engineer certification as required by federal regulations;

(2) be proficient in the operation of trains, as demonstrated by operational experience consistent with federal certification and qualification standards; and

(3) undergo regular training to develop the skills necessary to demonstrate that the locomotive engineer meets the requirements of this Section, including the requirement to be able to operate a train manually when a safety issue arises.

(c) A locomotive engineer shall take full control of the train, including operating the train fully manual as necessary in the judgment of the locomotive engineer, when a safety issue occurs in order to mitigate the safety issue and any safety risks.

(d) A train experiencing a safety issue shall not be operated without a locomotive engineer as required under this Act until the safety issue is resolved or the train is otherwise secured in accordance with applicable safety rules.

(e) No railroad shall penalize or discipline a locomotive engineer who takes appropriate action under subsections (c) and (d) when a safety issue arises.

Section 20. Wayside detector systems.

(a) The Commission shall work with each railroad company that does business in this State to ensure that wayside detector systems are installed and are operating along railroad tracks on which the railroad operates and to ensure that the wayside detector systems meet all of following standards:

(1) The wayside detector system is properly installed, maintained, repaired, and operational and the latest guidelines issued by the United States Department of Transportation, the Federal Railroad Administration, and the Association of American Railroads.

(2) Any expired, nonworking, or outdated wayside detector system or component part of a wayside detector system is removed and replaced with new parts or an entirely new system that reflects the current best practices and standards of the industry.

(3) The distance between wayside detector systems is appropriate, the natural terrain surrounding the railroad track on which the railroad operates, and the safety of the trains, rolling stock, on-track equipment, its operators, its passengers, and the persons and property in the vicinity of the railroad track so that if defects are detected operators have sufficient time to do the following:

(A) respond to the alerts projected by the wayside detector system;

(B) stop the train, rolling stock, or on-track equipment, if necessary; or

(C) make all necessary repairs or, if repair is impossible at the location, to remove the component parts or equipment that is defective.

(4) The railroad company has defined, written standards and training for its employees pertaining to wayside detector system defect alerts, the course of action that employees are required to take to respond to an alert, and appropriate monitoring and responses by the company if employees fail to take the required course of action.

(b) If a railroad company refuses to work or otherwise cooperate with the Commission in good faith in accordance with this Section, the Commission and the Department shall investigate that railroad company's safety practices and standards in accordance with 49 CFR 212. The Commission shall determine whether the company appears to be in compliance with federal railroad safety laws, as defined in 49 CFR 209.

(c) If a railroad company does not appear to be in compliance with the applicable federal standards based on an investigation conducted under subsection (b), not later than 60 days after the conclusion of the investigation, the Commission shall make a report to the Federal Railroad Administration. The report shall detail the results of the investigation and recommend that the Federal Railroad Administration take enforcement action in accordance with its authority against the railroad company for the safety violations discovered through that investigation.

The Commission and the Department shall send a copy of the report to the Governor, the Senate President, the Speaker of the House of Representatives, and the minority leaders of both the Senate and the House of Representatives.

Section 25. Wayside detector system installation distance. Any person responsible for the installation of a wayside detector system alongside or on a railroad shall ensure that each wayside detector system location is the following distance from the adjacent wayside detector system location:

(1) For a class I carrier railroad, not more than 10 miles.

(2) For a class II carrier railroad, not more than 25 miles.

(3) For a class III carrier railroad, not more than 35 miles.

Section 30. Wayside detector system messages. When a wayside detector system detects a defect in a passing train, rolling stock, on-track equipment, or its component equipment and parts, if the message regarding the defect is not immediately sent to the operator of that train, rolling stock, or on-track equipment, the person that receives the message shall immediately notify the operator of the defect.

Section 35. Illinois Commerce Commission responsibility. The Commission, as part of its work with each railroad company, shall ensure that:

(1) the manner in which wayside detector systems are installed and placed complies with applicable requirements; and

(2) the manner in which wayside detector system messages are sent and received complies with applicable requirements.

Section 40. Wayside detector system placement waiver.

(a) If the natural terrain or any other reason does not allow for the placement of the next adjacent wayside detector system location to be within the spacing requirements described in Section 25, the next adjacent wayside detector system location shall be not more than 5 miles from the maximum spacing allowed under Section 25.

(b) For class II carriers and class III carriers, prior to the installation of a wayside detector system outside the applicable spacing requirements in paragraphs (2) and (3) of Section 25, the carrier shall submit to the Commission a written explanation for the deviation.

Section 45. Wayside detector system exemption. Any railroad track owned or leased by a class II carrier or class III carrier that has a speed limit of 10 miles per hour or less is exempt from the requirements stated in Sections 25 and 40.

Section 50. Main track inspections.

(a) All main track designated within the State for operation at class III carrier speeds or higher under 49 CFR 213 shall be subject to visual inspection not less than twice each week, with at least one calendar day interval between inspections by an inspector designated as a qualified person under 49 CFR 213.

(b) Any defect or unsafe condition on a main track within the State identified by any inspection, detection, or monitoring method shall be corrected, protected, or removed from service immediately upon detection, consistent with the requirements of 49 CFR 213.

(c) If a person qualified under 49 CFR 213 making the track inspection finds a deviation from the requirements of 49 CFR 213, that person shall:

(1) immediately initiate remedial action; and

(2) have the sole authority to authorize any subsequent movements to facilitate repairs on the track that is out of service.

Section 55. Enforcement.

(a) The Commission, or another State agency designated by law, may enforce the provisions of this Act consistent with its authority.

(b) A violation of this Act may subject a railroad carrier to civil penalties as permitted under State law.

Section 60. Federal preemption. Nothing in this Act shall be construed to conflict with or be preempted by federal railroad safety laws or regulations. This Act shall be applied to the fullest extent permitted by federal law.

Section 65. Severability. If any provision of this Act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Section 70. Policy. It is the public policy of the State to enhance public safety by establishing freight train length restrictions on any train that is operated within the State on any rail carrier's main line, or any other line, that:

(1) exposes the general public to unnecessary dangers;

(2) causes or could reasonably cause unnecessary delays to intercity passenger or commuter trains; or

(3) causes or could reasonably cause disruption of commerce.

Section 75. The Illinois Vehicle Code is amended by changing Sections 11-1201 and 18c-7402 as follows:

(625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)

Sec. 11-1201. Obedience to signal indicating approach of train or railroad track equipment.

(a) Whenever any person driving a vehicle approaches a railroad grade crossing where the driver is not always required to stop, the person must exercise due care and caution as the existence of a railroad track across a highway is a warning of danger, and under any of the circumstances stated in this Section, the driver shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until the tracks are clear and he or she can do so safely. The foregoing requirements shall apply when:

1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or railroad track equipment;

2. A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a railroad train or railroad track equipment;

3. A railroad train or railroad track equipment approaching a highway crossing emits a warning signal and such railroad train or railroad track equipment, by reason of its speed or nearness to such crossing, is an immediate hazard;

4. An approaching railroad train or railroad track equipment is plainly visible and is in hazardous proximity to such crossing;

5. A railroad train or railroad track equipment is approaching so closely that an immediate hazard is created.

(a-1) Whenever any person driving a commercial motor vehicle, as defined in Section 6-500 of this Code, approaches a railroad grade crossing where the driver is not always required to stop, the person must exercise due care and caution as the existence of a railroad track across a highway is a warning of danger, and under any of the circumstances stated in this Section, the driver shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until the tracks are clear and he or she can do so safely. The foregoing requirements shall apply when:

1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or railroad track equipment;

2. A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a railroad train or railroad track equipment;

3. A railroad train or railroad track equipment approaching a highway crossing emits a warning signal and such railroad train or railroad track equipment, by reason of its speed or nearness to such crossing, is an immediate hazard;

4. An approaching railroad train or railroad track equipment is plainly visible and is in hazardous proximity to such crossing;

5. A railroad train or railroad track equipment is approaching so closely that an immediate hazard is created.

(a-5) Whenever a person driving a commercial motor vehicle, as defined in Section 6-500 of this Code, approaches a railroad grade crossing where the driver is not always required to stop but must slow down, the person must exercise due care and caution as the existence of a railroad track across a highway is a warning of danger, and under any of the circumstances stated in this Section, the driver shall slow down within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until he or she checks that the tracks are clear of an approaching train or railroad track equipment.

(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.

(c) The Department, and local authorities with the approval of the Department, are hereby authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs thereat. When such stop signs are erected the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall proceed only upon exercising due care.

(d) At any railroad grade crossing provided with railroad crossbuck signs, without automatic, electric, or mechanical signal devices, crossing gates, or a human flagman giving a signal of the approach or passage of a train or railroad track equipment, the driver of a vehicle shall in obedience to the railroad crossbuck sign, yield the right-of-way and slow down to a speed reasonable for the existing conditions and shall stop, if required for safety, at a clearly marked stopped line, or if no stop line, within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until he or she can do so safely. If a driver is involved in a collision at a railroad crossing or interferes with the movement of a train or railroad track equipment after driving past the railroad crossbuck sign, the collision or interference is prima facie evidence of the driver's failure to yield right-of-way.

(d-1) No person shall, while driving a commercial motor vehicle, fail to negotiate a railroad-highway grade railroad crossing because of insufficient undercarriage clearance.

(d-5) (Blank).

(e) It is unlawful to violate any part of this Section.

(1) A violation of this Section is a petty offense for which a fine of $500 shall be imposed for a first violation, and a fine of $1,000 shall be imposed for a second or subsequent violation. The court may impose 25 hours of community service in place of the $500 fine for the first violation.

(2) For a second or subsequent violation, the Secretary of State may suspend the driving privileges of the offender for a minimum of 6 months.

(3) If a driver is involved in a collision at a grade crossing resulting in the injury or fatality of a railway worker, that driver shall have the driver's driving privileges suspended for a period of not less than 6 months up to revocation.

(f) Corporate authorities of municipal corporations regulating operators of vehicles that fail to obey signals indicating the presence, approach, passage, or departure of a train or railroad track equipment shall impose fines as established in subsection (e) of this Section.

(Source: P.A. 103-179, eff. 6-30-23.)

(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 at 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 affecting 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 crash 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.

(d) Freight train crew size. No rail carrier shall operate or cause to operate a train or light engine used in connection with the movement of freight unless it has an operating crew consisting of at least 2 individuals. The minimum freight train crew size indicated in this subsection (d) shall remain in effect until a federal law or rule encompassing the subject matter has been adopted. The Commission, with respect to freight train crew member size under this subsection (d), has the power to conduct evidentiary hearings, make findings, and issue and enforce orders, including sanctions under Section 18c-1704 of this Chapter. As used in this subsection (d), "train or light engine" does not include trains operated by a hostler service or utility employees.

(e) No railroad operating within this State on any main line or any other line shall operate, or permit to be operated, any train which exceeds 8,500 feet in length. The Commission, with respect to freight train length restrictions under this subsection (e), has the power to conduct evidentiary hearings, make findings, and issue and enforce orders, including sanctions under Section 18c-1704 of this Chapter. As used in this subsection (e) "train length" means the measurement of any train operating on a main line or any other line within the State.

(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. 101-294, eff. 1-1-20; 102-982, eff. 7-1-23.)