[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
90_HB0050enr
625 ILCS 5/18c-7402 from Ch. 95 1/2, par. 18c-7402
Amends the Vehicle Code to require the Commerce
Commission and the Metropolitan Transit Authority to conduct
a pilot project in the Village of Fox River Grove, the site
of a fatal school bus accident at a railroad crossing, in
order to improve railroad crossing safety. Directs the
Commission to set the maximum speed limit for Metropolitan
Transit Authority trains at 50 miles per hour in the Village
of Fox River Grove. Provides that if the Authority
deliberately fails to comply with this speed limit, an entity
shall appropriately reduce or eliminate funding. Requires the
Commission and the Authority to report annually to the
Governor and General Assembly on the project.
LRB9000534NTsb
HB0050 Enrolled LRB9000534NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 18c-7402 and adding Section 18c-7402.5.
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 Section 18c-7402 and adding Section 18c-7402.5 as
7 follows:
8 (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
9 Sec. 18c-7402. Safety Requirements for Railroad
10 Operations.
11 (1) Obstruction of Crossings.
12 (a) Obstruction of Emergency Vehicles. Every
13 railroad shall be operated in such a manner as to
14 minimize obstruction of emergency vehicles at crossings.
15 Where such obstruction occurs and the train crew is aware
16 of the obstruction, the train crew shall immediately take
17 any action, consistent with safe operating procedure,
18 necessary to remove the obstruction. In the Chicago and
19 St. Louis switching districts, every railroad dispatcher
20 or other person responsible for the movement of railroad
21 equipment in a specific area who receives notification
22 that railroad equipment is obstructing the movement of an
23 emergency vehicle at any crossing within such area shall
24 immediately notify the train crew through use of existing
25 communication facilities. Upon notification, the train
26 crew shall take immediate action in accordance with this
27 paragraph.
28 (b) Obstruction of Highway at Grade Crossing
29 Prohibited. It is unlawful for a rail carrier to permit
30 any train, railroad car or engine to obstruct public
31 travel at a railroad-highway grade crossing for a period
HB0050 Enrolled -2- LRB9000534NTsb
1 in excess of 10 minutes, except where such train,
2 railroad or car is continuously moving or cannot be moved
3 by reason of circumstances over which the rail carrier
4 has no reasonable control. However, no employee acting
5 under the rules or orders of the rail carrier or its
6 supervisory personnel may be prosecuted for such
7 violations.
8 (c) Punishment for Obstruction of Grade Crossing.
9 Any rail carrier violating paragraph (b) of this
10 subsection shall be guilty of a petty offense and fined
11 not less than $200 nor more than $500 if the duration of
12 the obstruction is in excess of 10 minutes but no longer
13 than 15 minutes. If the duration of the obstruction
14 exceeds 15 minutes the violation shall be a business
15 offense and the following fines shall be imposed: if the
16 duration of the obstruction is in excess of 15 minutes
17 but no longer than 20 minutes, the fine shall be $500; if
18 the duration of the obstruction is in excess of 20
19 minutes but no longer than 25 minutes, the fine shall be
20 $700; if the duration of the obstruction is in excess of
21 25 minutes, but no longer than 30 minutes, the fine shall
22 be $900; if the duration of the obstruction is in excess
23 of 30 minutes but no longer than 35 minutes, the fine
24 shall be $1,000; if the duration of the obstruction is in
25 excess of 35 minutes, the fine shall be $1,000 plus an
26 additional $500 for each 5 minutes of obstruction in
27 excess of 25 minutes of obstruction.
28 (2) Other Operational Requirements.
29 (a) Bell and Whistle-Crossings. Every rail carrier
30 shall cause a bell, and a whistle or horn to be placed
31 and kept on each locomotive, and shall cause the same to
32 be rung or sounded by the engineer or fireman, at the
33 distance of a least 1,320 feet, from the place where the
34 railroad crosses or intersects any public highway, and
HB0050 Enrolled -3- LRB9000534NTsb
1 shall be kept ringing or sounding until the highway is
2 reached; provided that at crossings where the Commission
3 shall by order direct, only after a hearing has been held
4 to determine the public is reasonably and sufficiently
5 protected, the rail carrier may be excused from giving
6 warning provided by this paragraph.
7 (b) Speed Limits. Each rail carrier shall operate
8 its trains in compliance with speed limits set by the
9 Commission. The Commission may set train speed limits
10 only where such limits are necessitated by extraordinary
11 circumstances effecting the public safety, and shall
12 maintain such train speed limits in effect only for such
13 time as the extraordinary circumstances prevail.
14 The Commission and the Department of Transportation
15 shall conduct a study of the relation between train
16 speeds and railroad-highway grade crossing safety. The
17 Commission shall report the findings of the study to the
18 General Assembly no later than January 5, 1997.
19 (c) Special Speed Limit; Pilot Project. The
20 Commission and the Board of the Commuter Rail Division of
21 the Regional Transportation Authority shall conduct a
22 pilot project in the Village of Fox River Grove, the site
23 of the fatal school bus accident at a railroad crossing
24 on October 25, 1995, in order to improve railroad
25 crossing safety. For this project, the Commission is
26 directed to set the maximum train speed limit for
27 Regional Transportation Authority trains at 50 miles per
28 hour at intersections on that portion of the intrastate
29 rail line located in the Village of Fox River Grove. If
30 the Regional Transportation Authority deliberately fails
31 to comply with this maximum speed limit, then any entity,
32 governmental or otherwise, that provides capital or
33 operational funds to the Regional Transportation
34 Authority shall appropriately reduce or eliminate that
HB0050 Enrolled -4- LRB9000534NTsb
1 funding. The Commission shall report to the Governor and
2 the General Assembly on the results of this pilot project
3 in January 1999, January 2000, and January 2001. The
4 Commission shall also submit a final report on the pilot
5 project to the Governor and the General Assembly in
6 January 2001. The provisions of this subsection (c),
7 other than this sentence, are inoperative after February
8 1, 2001.
9 (3) Report and Investigation of Rail Accidents.
10 (a) Reports. Every rail carrier shall report to the
11 Commission, by the speediest means possible, whether
12 telephone, telegraph, or otherwise, every accident
13 involving its equipment, track, or other property which
14 resulted in loss of life to any person. In addition,
15 such carriers shall file a written report with the
16 Commission. Reports submitted under this paragraph shall
17 be strictly confidential, shall be specifically
18 prohibited from disclosure, and shall not be admissible
19 in any administrative or judicial proceeding relating to
20 the accidents reported.
21 (b) Investigations. The Commission may investigate
22 all railroad accidents reported to it or of which it
23 acquires knowledge independent of reports made by rail
24 carriers, and shall have the power, consistent with
25 standards and procedures established under the Federal
26 Railroad Safety Act, as amended, to enter such temporary
27 orders as will minimize the risk of future accidents
28 pending notice, hearing, and final action by the
29 Commission.
30 (Source: P.A. 89-699, eff. 1-16-97.)
31 (625 ILCS 5/18c-7402.5 new)
32 Sec. 18c-7402.5. Railroad crossing safety study and
33 forum. The Commission shall conduct a detailed safety study
HB0050 Enrolled -5- LRB9000534NTsb
1 at all the railroad crossings in the Village of Fox River
2 Grove, in close consultation with the Village of Fox River
3 Grove. The Commission shall conduct at least one public
4 forum to discuss railroad crossing safety, including without
5 limitation the impact of lowering train speeds. The
6 Commission shall report to the Governor and the General
7 Assembly on the results of this study and forum in January
8 1999, January 2000, and January 2001. The Commission shall
9 also submit a final report on the pilot project to the
10 Governor and the General Assembly in January 2001. This
11 Section is repealed on February 1, 2001.
12 Section 99. Effective date. This Act takes effect
13 January 1, 1998.