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90_HB2667
625 ILCS 5/18c-7402 from Ch. 95 1/2, par. 18c-7402
Amends the Illinois Vehicle Code. In provisions
regarding safety requirements for railroad operations,
prohibits the operation of trains in Illinois by remote
control. Places restrictions on the minimum number of
persons required to operate a locomotive and their
qualifications and duties. Provides that any person who
violates these rules may be fined not less than $500 but not
more than $1,000 for the first offense, not less than $1,000
but not more than $2,000 for a second offense committed
within 3 years of the first offense, not less than $2,000 but
not more than $5,000 for a third offense committed within 3
years of the first offense, and $10,000 for a fourth or
subsequent offense committed within 3 years of the first
offense. Effective immediately.
LRB9009621SMdv
LRB9009621SMdv
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 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 Section 18c-7402 as follows:
7 (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
8 Sec. 18c-7402. Safety Requirements for Railroad
9 Operations.
10 (1) Obstruction of Crossings.
11 (a) Obstruction of Emergency Vehicles. Every
12 railroad shall be operated in such a manner as to
13 minimize obstruction of emergency vehicles at crossings.
14 Where such obstruction occurs and the train crew is aware
15 of the obstruction, the train crew shall immediately take
16 any action, consistent with safe operating procedure,
17 necessary to remove the obstruction. In the Chicago and
18 St. Louis switching districts, every railroad dispatcher
19 or other person responsible for the movement of railroad
20 equipment in a specific area who receives notification
21 that railroad equipment is obstructing the movement of an
22 emergency vehicle at any crossing within such area shall
23 immediately notify the train crew through use of existing
24 communication facilities. Upon notification, the train
25 crew shall take immediate action in accordance with this
26 paragraph.
27 (b) Obstruction of Highway at Grade Crossing
28 Prohibited. It is unlawful for a rail carrier to permit
29 any train, railroad car or engine to obstruct public
30 travel at a railroad-highway grade crossing for a period
31 in excess of 10 minutes, except where such train,
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1 railroad or car is continuously moving or cannot be moved
2 by reason of circumstances over which the rail carrier
3 has no reasonable control. However, no employee acting
4 under the rules or orders of the rail carrier or its
5 supervisory personnel may be prosecuted for such
6 violations.
7 (c) Punishment for Obstruction of Grade Crossing.
8 Any rail carrier violating paragraph (b) of this
9 subsection shall be guilty of a petty offense and fined
10 not less than $200 nor more than $500 if the duration of
11 the obstruction is in excess of 10 minutes but no longer
12 than 15 minutes. If the duration of the obstruction
13 exceeds 15 minutes the violation shall be a business
14 offense and the following fines shall be imposed: if the
15 duration of the obstruction is in excess of 15 minutes
16 but no longer than 20 minutes, the fine shall be $500; if
17 the duration of the obstruction is in excess of 20
18 minutes but no longer than 25 minutes, the fine shall be
19 $700; if the duration of the obstruction is in excess of
20 25 minutes, but no longer than 30 minutes, the fine shall
21 be $900; if the duration of the obstruction is in excess
22 of 30 minutes but no longer than 35 minutes, the fine
23 shall be $1,000; if the duration of the obstruction is in
24 excess of 35 minutes, the fine shall be $1,000 plus an
25 additional $500 for each 5 minutes of obstruction in
26 excess of 25 minutes of obstruction.
27 (2) Other Operational Requirements.
28 (a) Bell and Whistle-Crossings. Every rail carrier
29 shall cause a bell, and a whistle or horn to be placed
30 and kept on each locomotive, and shall cause the same to
31 be rung or sounded by the engineer or fireman, at the
32 distance of a least 1,320 feet, from the place where the
33 railroad crosses or intersects any public highway, and
34 shall be kept ringing or sounding until the highway is
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1 reached; provided that at crossings where the Commission
2 shall by order direct, only after a hearing has been held
3 to determine the public is reasonably and sufficiently
4 protected, the rail carrier may be excused from giving
5 warning provided by this paragraph.
6 (b) Speed Limits. Each rail carrier shall operate
7 its trains in compliance with speed limits set by the
8 Commission. The Commission may set train speed limits
9 only where such limits are necessitated by extraordinary
10 circumstances effecting the public safety, and shall
11 maintain such train speed limits in effect only for such
12 time as the extraordinary circumstances prevail.
13 The Commission and the Department of Transportation
14 shall conduct a study of the relation between train
15 speeds and railroad-highway grade crossing safety. The
16 Commission shall report the findings of the study to the
17 General Assembly no later than January 5, 1997.
18 (c) Special Speed Limit; Pilot Project. The
19 Commission and the Board of the Commuter Rail Division of
20 the Regional Transportation Authority shall conduct a
21 pilot project in the Village of Fox River Grove, the site
22 of the fatal school bus accident at a railroad crossing
23 on October 25, 1995, in order to improve railroad
24 crossing safety. For this project, the Commission is
25 directed to set the maximum train speed limit for
26 Regional Transportation Authority trains at 50 miles per
27 hour at intersections on that portion of the intrastate
28 rail line located in the Village of Fox River Grove. If
29 the Regional Transportation Authority deliberately fails
30 to comply with this maximum speed limit, then any entity,
31 governmental or otherwise, that provides capital or
32 operational funds to the Regional Transportation
33 Authority shall appropriately reduce or eliminate that
34 funding. The Commission shall report to the Governor and
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1 the General Assembly on the results of this pilot project
2 in January 1999, January 2000, and January 2001. The
3 Commission shall also submit a final report on the pilot
4 project to the Governor and the General Assembly in
5 January 2001. The provisions of this subsection (c),
6 other than this sentence, are inoperative after February
7 1, 2001.
8 (d) Remote Control Prohibited. A rail carrier may
9 not operate its trains in Illinois by remote control.
10 (e) Railroad Train Crew.
11 (1) No rail carrier operating in Illinois
12 shall permit or require any locomotive power unit,
13 single, or in multiple, whether attached to a train
14 or not, to be operated by a crew of fewer than 2
15 employees, except in locomotive repair and servicing
16 facilities within a terminal. At least one employee
17 shall be a certified railroad locomotive engineer in
18 the controlling engine cab and at least one employee
19 shall be a qualified railroad employee on board the
20 train. The certified locomotive engineer shall
21 operate the controlling locomotive at all times that
22 the railroad train or locomotive is in motion. The
23 other crew member may temporarily dismount the
24 railroad train or locomotive when necessary to
25 perform switching activities and other duties in the
26 normal course of his or her job.
27 (2) For purposes of paragraphs (d) and (e) of
28 subsection (2), the following definitions apply:
29 (i) "Rail carrier" means any person
30 operating or controlling any railroad operation
31 that moves equipment over trackage (i) that has
32 public grade crossings, (ii) that has passenger
33 revenue service, or (iii) where hazardous
34 materials are moved in transit.
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1 (ii) "Certified railroad locomotive
2 engineer" means a person who has been certified
3 as a train service engineer, locomotive
4 servicing engineer, or student engineer under
5 federal regulations at 49 CFR, Part 240.
6 (iii) "Qualified railroad employee" means
7 an operating crew member who has successfully
8 completed a railroad carrier's training program
9 and passed a rules examination covering
10 railroad operations.
11 Any person who violates paragraph (d) or (e) of
12 subsection (2) may be fined not less than $500 but not
13 more than $1,000. However, a person who violates
14 paragraph (d) or (e) of subsection (2) may be fined (i)
15 not less than $1,000 but not more than $2,000 for a
16 second offense committed within 3 years of the first
17 offense, (ii) not less than $2,000 but not more than
18 $5,000 for a third offense committed within 3 years of
19 the first offense, and (iii) $10,000 for a fourth or
20 subsequent offense committed within 3 years of the first
21 offense.
22 (3) Report and Investigation of Rail Accidents.
23 (a) Reports. Every rail carrier shall report to the
24 Commission, by the speediest means possible, whether
25 telephone, telegraph, or otherwise, every accident
26 involving its equipment, track, or other property which
27 resulted in loss of life to any person. In addition,
28 such carriers shall file a written report with the
29 Commission. Reports submitted under this paragraph shall
30 be strictly confidential, shall be specifically
31 prohibited from disclosure, and shall not be admissible
32 in any administrative or judicial proceeding relating to
33 the accidents reported.
34 (b) Investigations. The Commission may investigate
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1 all railroad accidents reported to it or of which it
2 acquires knowledge independent of reports made by rail
3 carriers, and shall have the power, consistent with
4 standards and procedures established under the Federal
5 Railroad Safety Act, as amended, to enter such temporary
6 orders as will minimize the risk of future accidents
7 pending notice, hearing, and final action by the
8 Commission.
9 (Source: P.A. 89-699, eff. 1-16-97; 90-187, eff. 1-1-98.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.