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90_SB1875
SEE INDEX
Amends the Motor Fuel Tax Law and the Illinois Vehicle
Code. Amends the Motor Fuel Tax Law to provide that a
certain amount of money is to be used by the Department of
Transportation to pay the costs of maintenance, repair,
reconstruction, or replacement of the grade crossing surface
structure. Amends the Illinois Vehicle Code. Provides that
a public hearing to abolish a crossing shall not be required
when the public highway authority in interest vacates the
highway. Provides that in such instance, the rail carrier,
following notification to the Illinois Commerce Commission
and the highway authority, shall remove any grade crossing
warning devices and the grade crossing surface. Requires a
vertical clearance of not less than 23 feet to be provided
for highway bridges constructed over a railroad track.
Provides that a person who causes or attempts to cause the
derailment of an engine, cars, or a track vehicle is guilty
of a Class 4 felony. Makes other changes.
LRB9007774NTsbB
LRB9007774NTsbB
1 AN ACT concerning transportation, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Motor Fuel Tax Law is amended by changing
5 Section 8 as follows:
6 (35 ILCS 505/8) (from Ch. 120, par. 424)
7 Sec. 8. Except as provided in Section 8a, all money
8 received by the Department under this Act, including payments
9 made to the Department by member jurisdictions participating
10 in the International Fuel Tax Agreement, shall be deposited
11 in a special fund in the State treasury, to be known as the
12 "Motor Fuel Tax Fund", and shall be used as follows:
13 (a) 2 1/2 cents per gallon of the tax collected on
14 special fuel under paragraph (b) of Section 2 and Section 13a
15 of this Act shall be transferred to the State Construction
16 Account Fund in the State Treasury;
17 (b) $420,000 shall be transferred each month to the
18 State Boating Act Fund to be used by the Department of
19 Natural Resources for the purposes specified in Article X of
20 the Boat Registration and Safety Act;
21 (c) $1,500,000 shall be transferred each month to the
22 Grade Crossing Protection Fund to be used as follows: not
23 less than $6,000,000 each fiscal year shall be used for the
24 construction or reconstruction of rail highway grade
25 separation structures; beginning with fiscal year 1997 and
26 ending in fiscal year 1999, $1,500,000, and $750,000 in
27 fiscal year 2000 and each fiscal year thereafter shall be
28 transferred to the Transportation Regulatory Fund and shall
29 be accounted for as part of the rail carrier portion of such
30 funds and shall be used to pay the cost of administration of
31 the Illinois Commerce Commission's railroad safety program in
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1 connection with its duties under subsection (3) of Section
2 18c-7401 of the Illinois Vehicle Code, with the remainder to
3 be used by the Department of Transportation upon order of the
4 Illinois Commerce Commission, to pay that part of the cost
5 apportioned by such Commission to the State to cover the
6 interest of the State-wide public in the use of highways,
7 roads or streets in the county highway system, township and
8 district road system or municipal street system as defined in
9 the Illinois Highway Code, as the same may from time to time
10 be amended, for separation of grades, for installation,
11 construction, or reconstruction, or maintenance of crossing
12 protective devices protection or reconstruction, alteration,
13 relocation including construction or improvement of any
14 existing highway necessary for access to property or
15 improvement of any grade crossing including the necessary
16 highway approaches thereto of any railroad across the highway
17 or public road or for costs of maintenance, repair,
18 reconstruction, or replacement of the grade crossing surface
19 structure, as provided for in and in accordance with Section
20 18c-7401 of the Illinois Vehicle Code. In entering orders
21 for projects for which payments from the Grade Crossing
22 Protection Fund will be made, the Commission shall account
23 for expenditures authorized by the orders on a cash rather
24 than an accrual basis. For purposes of this requirement an
25 "accrual basis" assumes that the total cost of the project is
26 expended in the fiscal year in which the order is entered,
27 while a "cash basis" allocates the cost of the project among
28 fiscal years as expenditures are actually made;
29 (d) of the amount remaining after allocations provided
30 for in subsections (a), (b) and (c), a sufficient amount
31 shall be reserved to pay all of the following:
32 (1) the costs of the Department of Revenue in
33 administering this Act;
34 (2) the costs of the Department of Transportation
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1 in performing its duties imposed by the Illinois Highway
2 Code for supervising the use of motor fuel tax funds
3 apportioned to municipalities, counties and road
4 districts;
5 (3) refunds provided for in Section 13 of this Act
6 and under the terms of the International Fuel Tax
7 Agreement referenced in Section 14a;
8 (4) from October 1, 1985 until June 30, 1994, the
9 administration of the Vehicle Emissions Inspection Law,
10 which amount shall be certified monthly by the
11 Environmental Protection Agency to the State Comptroller
12 and shall promptly be transferred by the State
13 Comptroller and Treasurer from the Motor Fuel Tax Fund to
14 the Vehicle Inspection Fund, and beginning July 1, 1994,
15 and until December 31, 2000, one-twelfth of $25,000,000
16 each month for the administration of the Vehicle
17 Emissions Inspection Law of 1995, to be transferred by
18 the State Comptroller and Treasurer from the Motor Fuel
19 Tax Fund into the Vehicle Inspection Fund;
20 (5) amounts ordered paid by the Court of Claims;
21 and
22 (6) payment of motor fuel use taxes due to member
23 jurisdictions under the terms of the International Fuel
24 Tax Agreement. The Department shall certify these
25 amounts to the Comptroller by the 15th day of each month;
26 the Comptroller shall cause orders to be drawn for such
27 amounts, and the Treasurer shall administer those amounts
28 on or before the last day of each month;
29 (e) after allocations for the purposes set forth in
30 subsections (a), (b), (c) and (d), the remaining amount shall
31 be apportioned as follows:
32 (1) 58.4% shall be deposited as follows:
33 (A) 37% into the State Construction Account
34 Fund, and
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1 (B) 63% into the Road Fund, $1,250,000 of
2 which shall be reserved each month for the
3 Department of Transportation to be used in
4 accordance with the provisions of Sections 6-901
5 through 6-906 of the Illinois Highway Code;
6 (2) 41.6% shall be transferred to the Department of
7 Transportation to be distributed as follows:
8 (A) 49.10% to the municipalities of the State,
9 (B) 16.74% to the counties of the State having
10 1,000,000 or more inhabitants,
11 (C) 18.27% to the counties of the State having
12 less than 1,000,000 inhabitants,
13 (D) 15.89% to the road districts of the State.
14 As soon as may be after the first day of each month the
15 Department of Transportation shall allot to each municipality
16 its share of the amount apportioned to the several
17 municipalities which shall be in proportion to the population
18 of such municipalities as determined by the last preceding
19 municipal census if conducted by the Federal Government or
20 Federal census. If territory is annexed to any municipality
21 subsequent to the time of the last preceding census the
22 corporate authorities of such municipality may cause a census
23 to be taken of such annexed territory and the population so
24 ascertained for such territory shall be added to the
25 population of the municipality as determined by the last
26 preceding census for the purpose of determining the allotment
27 for that municipality. If the population of any municipality
28 was not determined by the last Federal census preceding any
29 apportionment, the apportionment to such municipality shall
30 be in accordance with any census taken by such municipality.
31 Any municipal census used in accordance with this Section
32 shall be certified to the Department of Transportation by the
33 clerk of such municipality, and the accuracy thereof shall be
34 subject to approval of the Department which may make such
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1 corrections as it ascertains to be necessary.
2 As soon as may be after the first day of each month the
3 Department of Transportation shall allot to each county its
4 share of the amount apportioned to the several counties of
5 the State as herein provided. Each allotment to the several
6 counties having less than 1,000,000 inhabitants shall be in
7 proportion to the amount of motor vehicle license fees
8 received from the residents of such counties, respectively,
9 during the preceding calendar year. The Secretary of State
10 shall, on or before April 15 of each year, transmit to the
11 Department of Transportation a full and complete report
12 showing the amount of motor vehicle license fees received
13 from the residents of each county, respectively, during the
14 preceding calendar year. The Department of Transportation
15 shall, each month, use for allotment purposes the last such
16 report received from the Secretary of State.
17 As soon as may be after the first day of each month, the
18 Department of Transportation shall allot to the several
19 counties their share of the amount apportioned for the use of
20 road districts. The allotment shall be apportioned among the
21 several counties in the State in the proportion which the
22 total mileage of township or district roads in the respective
23 counties bears to the total mileage of all township and
24 district roads in the State. Funds allotted to the respective
25 counties for the use of road districts therein shall be
26 allocated to the several road districts in the county in the
27 proportion which the total mileage of such township or
28 district roads in the respective road districts bears to the
29 total mileage of all such township or district roads in the
30 county. After July 1 of any year, no allocation shall be
31 made for any road district unless it levied a tax for road
32 and bridge purposes in an amount which will require the
33 extension of such tax against the taxable property in any
34 such road district at a rate of not less than either .08% of
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1 the value thereof, based upon the assessment for the year
2 immediately prior to the year in which such tax was levied
3 and as equalized by the Department of Revenue or, in DuPage
4 County, an amount equal to or greater than $12,000 per mile
5 of road under the jurisdiction of the road district,
6 whichever is less. If any road district has levied a special
7 tax for road purposes pursuant to Sections 6-601, 6-602 and
8 6-603 of the Illinois Highway Code, and such tax was levied
9 in an amount which would require extension at a rate of not
10 less than .08% of the value of the taxable property thereof,
11 as equalized or assessed by the Department of Revenue, or, in
12 DuPage County, an amount equal to or greater than $12,000 per
13 mile of road under the jurisdiction of the road district,
14 whichever is less, such levy shall, however, be deemed a
15 proper compliance with this Section and shall qualify such
16 road district for an allotment under this Section. If a
17 township has transferred to the road and bridge fund money
18 which, when added to the amount of any tax levy of the road
19 district would be the equivalent of a tax levy requiring
20 extension at a rate of at least .08%, or, in DuPage County,
21 an amount equal to or greater than $12,000 per mile of road
22 under the jurisdiction of the road district, whichever is
23 less, such transfer, together with any such tax levy, shall
24 be deemed a proper compliance with this Section and shall
25 qualify the road district for an allotment under this
26 Section.
27 In counties in which a property tax extension limitation
28 is imposed under the Property Tax Extension Limitation Law,
29 road districts may retain their entitlement to a motor fuel
30 tax allotment if, at the time the property tax extension
31 limitation was imposed, the road district was levying a road
32 and bridge tax at a rate sufficient to entitle it to a motor
33 fuel tax allotment and continues to levy the maximum
34 allowable amount after the imposition of the property tax
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1 extension limitation. Any road district may in all
2 circumstances retain its entitlement to a motor fuel tax
3 allotment if it levied a road and bridge tax in an amount
4 that will require the extension of the tax against the
5 taxable property in the road district at a rate of not less
6 than 0.08% of the assessed value of the property, based upon
7 the assessment for the year immediately preceding the year in
8 which the tax was levied and as equalized by the Department
9 of Revenue or, in DuPage County, an amount equal to or
10 greater than $12,000 per mile of road under the jurisdiction
11 of the road district, whichever is less.
12 As used in this Section the term "road district" means
13 any road district, including a county unit road district,
14 provided for by the Illinois Highway Code; and the term
15 "township or district road" means any road in the township
16 and district road system as defined in the Illinois Highway
17 Code. For the purposes of this Section, "road district" also
18 includes park districts, forest preserve districts and
19 conservation districts organized under Illinois law and
20 "township or district road" also includes such roads as are
21 maintained by park districts, forest preserve districts and
22 conservation districts. The Department of Transportation
23 shall determine the mileage of all township and district
24 roads for the purposes of making allotments and allocations
25 of motor fuel tax funds for use in road districts.
26 Payment of motor fuel tax moneys to municipalities and
27 counties shall be made as soon as possible after the
28 allotment is made. The treasurer of the municipality or
29 county may invest these funds until their use is required and
30 the interest earned by these investments shall be limited to
31 the same uses as the principal funds.
32 (Source: P.A. 89-167, eff. 1-1-96; 89-445, eff. 2-7-96;
33 89-699, eff. 1-16-97; 90-110, eff. 7-14-97; revised 8-14-97.)
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1 Section 10. The Illinois Vehicle Code is amended by
2 changing Sections 18c-7401, 18c-7502, 18c-7503, and 18c-7504
3 as follows:
4 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
5 Sec. 18c-7401. Safety Requirements for Track,
6 Facilities, and Equipment.
7 (1) General Requirements. Each rail carrier shall,
8 consistent with rules, orders, and regulations of the Federal
9 Railroad Administration, construct, maintain, and operate all
10 of its equipment, track, and other property in this State in
11 such a manner as to pose no undue risk to its employees or
12 the person or property of any member of the public.
13 (2) Adoption of Federal Standards. The track safety
14 standards and accident/incident standards promulgated by the
15 Federal Railroad Administration shall be safety standards of
16 the Commission. The Commission may, in addition, adopt by
17 reference in its regulations other federal railroad safety
18 standards, whether contained in federal statutes or in
19 regulations adopted pursuant to such statutes.
20 (3) Railroad Crossings. No public road, highway, or
21 street shall hereafter be constructed across the track of any
22 rail carrier at grade, nor shall the track of any rail
23 carrier be constructed across a public road, highway or
24 street at grade, without having first secured the permission
25 of the Commission; provided, that this Section shall not
26 apply to the replacement of lawfully existing roads, highways
27 and tracks. The Commission shall have the right to refuse
28 its permission or to grant it upon such terms and conditions
29 as it may prescribe. The Commission shall have power to
30 determine and prescribe the manner, including the particular
31 point of crossing, and the terms of installation, operation,
32 maintenance, use and protection of each such crossing.
33 The Commission shall also have power, after a hearing, to
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1 require major alteration of or to abolish any crossing,
2 heretofore or hereafter established, when in its opinion, the
3 public safety requires such alteration or abolition, and,
4 except in cities, villages and incorporated towns of
5 1,000,000 or more inhabitants, to vacate and close that part
6 of the highway on such crossing altered or abolished and
7 cause barricades to be erected across such highway in such
8 manner as to prevent the use of such crossing as a highway,
9 when, in the opinion of the Commission, the public
10 convenience served by the crossing in question is not such as
11 to justify the further retention thereof; or to require a
12 separation of grades, at such crossings; or to require a
13 separation of grades at any proposed crossing where a
14 proposed public highway may cross the tracks of any rail
15 carrier or carriers; and to prescribe, after a hearing of the
16 parties, the terms upon which such separations shall be made
17 and the proportion in which the expense of the alteration or
18 abolition of such crossings or the separation of such grades,
19 having regard to the benefits, if any, accruing to the rail
20 carrier or any party in interest, shall be divided between
21 the rail carrier or carriers affected, or between such
22 carrier or carriers and the State, county, municipality or
23 other public authority in interest. However, a public
24 hearing by the Commission to abolish a crossing shall not be
25 required when the public highway authority in interest
26 vacates the highway. In such instance the rail carrier,
27 following notification to the Commission and the highway
28 authority, shall remove any grade crossing warning devices
29 and the grade crossing surface.
30 The Commission shall also have power by its order to
31 require the reconstruction, minor alteration, minor
32 relocation or improvement of any crossing (including the
33 necessary highway approaches thereto) of any railroad across
34 any highway or public road, whether such crossing be at grade
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1 or by overhead structure or by subway, whenever the
2 Commission finds after a hearing or without a hearing as
3 otherwise provided in this paragraph that such
4 reconstruction, alteration, relocation or improvement is
5 necessary to preserve or promote the safety or convenience of
6 the public or of the employees or passengers of such rail
7 carrier or carriers. By its original order or supplemental
8 orders in such case, the Commission may direct such
9 reconstruction, alteration, relocation, or improvement to be
10 made in such manner and upon such terms and conditions as may
11 be reasonable and necessary and may apportion the cost of
12 such reconstruction, alteration, relocation or improvement
13 and the subsequent maintenance thereof, having regard to the
14 benefits, if any, accruing to the railroad or any party in
15 interest, between the rail carrier or carriers and public
16 utilities affected, or between such carrier or carriers and
17 public utilities and the State, county, municipality or other
18 public authority in interest. The cost to be so apportioned
19 shall include the cost of changes or alterations in the
20 equipment of public utilities affected as well as the cost of
21 the relocation, diversion or establishment of any public
22 highway, made necessary by such reconstruction, alteration,
23 relocation or improvement of said crossing. A hearing shall
24 not be required in those instances when the Commission enters
25 an order confirming a written stipulation in which the
26 Commission, the public highway authority in interest, the
27 rail carrier or carriers affected, and in instances involving
28 the use of the Grade Crossing Protection Fund, the Illinois
29 Department of Transportation, agree on the reconstruction,
30 alteration, relocation, or improvement and the subsequent
31 maintenance thereof and the division of costs of such changes
32 of any grade crossing (including the necessary highway
33 approaches thereto) of any railroad across any highway.
34 Every rail carrier operating in the State of Illinois
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1 shall construct and maintain every highway crossing over its
2 tracks within the State so that the roadway at the
3 intersection shall be as flush with the rails as
4 superelevated curves will allow, and, unless otherwise
5 ordered by the Commission, shall construct and maintain the
6 approaches thereto at a grade of not more than 5% within the
7 right of way for a distance of not less the 6 feet on each
8 side of the centerline of such tracks; provided, that the
9 grades at the approaches may be maintained in excess of 5%
10 only when authorized by the Commission.
11 Every rail carrier operating within this State shall
12 remove from its right of way at all grade crossings within
13 the State, such brush, shrubbery, and trees as is reasonably
14 practical for a distance of not less than 500 feet in either
15 direction from each grade crossing. The Commission shall have
16 power, upon its own motion, or upon complaint, and after
17 having made proper investigation, to require the installation
18 of adequate and appropriate luminous reflective warning
19 signs, yield signs, stop signs, luminous flashing signals,
20 crossing gates illuminated at night, or other protective
21 devices in order to promote and safeguard the health and
22 safety of the public. Luminous flashing signal or crossing
23 gate devices installed at grade crossings, which have been
24 approved by the Commission, shall be deemed adequate and
25 appropriate. The Commission shall have authority to determine
26 the number, type, and location of such signs, signals, gates,
27 or other protective devices which, however, shall conform as
28 near as may be with generally recognized national standards,
29 and the Commission shall have authority to prescribe the
30 division of the cost of the installation and subsequent
31 maintenance of such signs, signals, gates, or other
32 protective devices between the rail carrier or carriers, the
33 public highway authority in interest, and in instances
34 involving the use of the Grade Crossing Protection Fund, the
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1 Illinois Department of Transportation.
2 No railroad may change or modify the warning device
3 system at a railroad-highway grade crossing, including
4 warning systems interconnected with highway traffic control
5 signals, without having first received the approval of the
6 Commission. The Commission shall have the further power,
7 upon application, upon its own motion, or upon complaint and
8 after having made proper investigation, to require the
9 interconnection of grade crossing warning devices with
10 traffic control signals at highway intersections located at
11 or near railroad crossings within the distances described by
12 the State Manual on Uniform Traffic Control Devices adopted
13 pursuant to Section 11-301 of this Code. In addition, State
14 and local authorities may not install, remove, modernize, or
15 otherwise modify traffic control signals at a highway
16 intersection that is interconnected or proposed to be
17 interconnected with grade crossing warning devices when the
18 change affects the number, type, or location of traffic
19 control devices on the track approach leg or legs of the
20 intersection or the timing of the railroad preemption
21 sequence of operation until the Commission has approved the
22 installation, removal, modernization, or modification.
23 Commission approval shall be limited to consideration of
24 issues directly affecting the public safety at the
25 railroad-highway grade crossing. The electrical circuit
26 devices, alternate warning devices, and preemption sequences
27 shall conform as nearly as possible, considering the
28 particular characteristics of the crossing and intersection
29 area, to the State manual adopted by the Illinois Department
30 of Transportation pursuant to Section 11-301 of this Code and
31 such federal standards as are made applicable by subsection
32 (2) of this Section. In order to carry out this authority,
33 the Commission shall have the authority to determine the
34 number, type, and location of traffic control devices on the
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1 track approach leg or legs of the intersection and the timing
2 of the railroad preemption sequence of operation. The
3 Commission shall prescribe the division of costs for
4 installation and maintenance of all devices required by this
5 paragraph between the railroad or railroads and the highway
6 authority in interest and in instances involving the use of
7 the Grade Crossing Protection Fund or a State highway, the
8 Illinois Department of Transportation.
9 Any person who unlawfully or maliciously removes, throws
10 down, damages or defaces any sign, signal, gate or other
11 protective device, located at or near any public grade
12 crossing, shall be guilty of a petty offense and fined not
13 less than $50 nor more than $200 for each offense. In
14 addition to fines levied under the provisions of this Section
15 a person adjudged guilty hereunder may also be directed to
16 make restitution for the costs of repair or replacement, or
17 both, necessitated by his misconduct.
18 It is the public policy of the State of Illinois to
19 enhance public safety by establishing safe grade crossings.
20 In order to implement this policy, the Illinois Commerce
21 Commission is directed to conduct public hearings and to
22 adopt specific criteria by July 1, 1994, that shall be
23 adhered to by the Illinois Commerce Commission in determining
24 if a grade crossing should be opened or abolished. The
25 following factors shall be considered by the Illinois
26 Commerce Commission in developing the specific criteria for
27 opening and abolishing grade crossings:
28 (a) timetable speed of passenger trains;
29 (b) distance to an alternate crossing;
30 (c) accident history for the last 5 years;
31 (d) number of vehicular traffic and posted speed
32 limits;
33 (e) number of freight trains and their timetable
34 speeds;
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1 (f) the type of warning device present at the grade
2 crossing;
3 (g) alignments of the roadway and railroad, and the
4 angle of intersection of those alignments;
5 (h) use of the grade crossing by trucks carrying
6 hazardous materials, vehicles carrying passengers for
7 hire, and school buses; and
8 (i) use of the grade crossing by emergency
9 vehicles.
10 The Illinois Commerce Commission, upon petition to open
11 or abolish a grade crossing, shall enter an order opening or
12 abolishing the crossing if it meets the specific criteria
13 adopted by the Commission.
14 Except as otherwise provided in this subsection (3), in
15 no instance shall a grade crossing be permanently closed
16 without public hearing first being held and notice of such
17 hearing being published in an area newspaper of local general
18 circulation.
19 (4) Freight Trains - Radio Communications. The
20 Commission shall after hearing and order require that every
21 main line railroad freight train operating on main tracks
22 outside of yard limits within this State shall be equipped
23 with a radio communication system. The Commission after
24 notice and hearing may grant exemptions from the requirements
25 of this Section as to secondary and branch lines.
26 (5) Railroad Bridges and Trestles - Walkway and
27 Handrail. In cases in which the Commission finds the same to
28 be practical and necessary for safety of railroad employees,
29 bridges and trestles, over and upon which railroad trains are
30 operated, shall include as a part thereof, a safe and
31 suitable walkway and handrail on one side only of such bridge
32 or trestle, and such handrail shall be located at the outer
33 edge of the walkway and shall provide a clearance of not less
34 than 8 feet, 6 inches, from the center line of the nearest
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1 track, measured at right angles thereto.
2 (6) Packages Containing Articles for First Aid to
3 Injured on Trains. All rail carriers shall provide a package
4 containing the articles prescribed by the Commission, on each
5 train or engine, for first aid to persons who may be injured
6 in the course of the operation of such trains.
7 (7) Abandoned Bridges, Crossings, and Other Rail Plant.
8 The Commission shall have authority, after notice and
9 hearing, to order:
10 (a) The removal of any abandoned railroad tracks
11 from roads, streets or other thoroughfares in this State;
12 and
13 (b) The removal of abandoned overhead railroad
14 structures crossing highways, waterways, or railroads.
15 The Commission may equitably apportion the cost of such
16 actions between the rail carrier or carriers, public
17 utilities, and the State, county, municipality, township,
18 road district, or other public authority in interest.
19 (8) Railroad-Highway Bridge Clearance. A vertical
20 clearance of not less than 23 feet above the top of rail
21 shall be provided for all new or reconstructed highway
22 bridges constructed over a railroad track. The Commission
23 may permit a lesser clearance if it determines that the 23
24 foot clearance standard cannot be justified based on
25 engineering, operational, and economic conditions.
26 (Source: P.A. 88-296; 89-699, eff. 1-16-97.)
27 (625 ILCS 5/18c-7502) (from Ch. 95 1/2, par. 18c-7502)
28 Sec. 18c-7502. Malicious Removal of or Damage to Rail
29 Property. Any person found to have removed, taken, stolen,
30 changed, added to, taken from, or in any manner interfered
31 with any of the parts or attachments of any locomotive or
32 car, or any plant or property used in or in connection with
33 the operation of any locomotive or car in this State, or any
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1 person who causes or attempts to cause the derailment of an
2 engine, cars, or a track vehicle used on railroad tracks,
3 shall be guilty of a Class 4 felony. If any such action is
4 malicious and is the cause of wrecking any train, locomotive,
5 or car in this State whereby the life of any person is lost,
6 the person found guilty thereof shall be liable for first
7 degree murder as in other cases.
8 (Source: P.A. 85-293.)
9 (625 ILCS 5/18c-7503) (from Ch. 95 1/2, par. 18c-7503)
10 Sec. 18c-7503. Trespass on Railroad Rights of Way and
11 Yards. (1) Trespass on Rights of Way and Yards Prohibited.
12 (a) General Prohibition. Except as otherwise provided in
13 paragraph (b) of this subsection, no person may walk, ride,
14 drive or be upon or along the right of way or rail yard of a
15 rail carrier within the State, at a place other than a public
16 crossing.
17 (b) Exceptions. This subsection shall not apply to:
18 (i) passengers on trains or employees of a rail carrier;
19 (ii) an authorized representative of rail carrier
20 employees, while performing required duties in accordance
21 with reasonable rail carrier company guidelines;
22 (iii) a person going upon the right of way or into the
23 rail yard to save human life or to protect property;
24 (iv) a person being on the station grounds or in the
25 depot of the rail carrier for the purpose of transacting
26 business;
27 (v) a person, his family, or his employees or agents
28 going across a farm crossing, as defined in this Chapter, for
29 the purpose of crossing from one part to another part of a
30 farm he owns or leases, where the farm lies on both sides of
31 the right of way;
32 (vi) a person having written permission from the rail
33 carrier to go upon the right of way or into the rail yard;
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1 and
2 (vii) representatives of state and federal governmental
3 agencies in performance of their official duties.
4 (2) Penalties. Violation of this Section shall subject
5 the violator to a fine line of not more than $500.
6 (3) Definition. For purposes of this Section, a "right
7 of way" means the track or roadbed owned or leased by a rail
8 carrier which is located on either side of its tracks and
9 which is readily recognizable to a reasonable person as being
10 rail carrier property or is reasonably identified as such by
11 fencing or appropriate signs.
12 (Source: P.A. 84-796; revised 12-18-97.)
13 (625 ILCS 5/18c-7504) (from Ch. 95 1/2, par. 18c-7504)
14 Sec. 18c-7504. Construction of Fences, Farm Crossings,
15 and Damages. (1) Fencing. Every rail carrier shall, within 6
16 months after any part of its line is open for use, erect and
17 thereafter maintain fences, until such time as it abandons
18 its operations over the rail line, on both sides of its road
19 or so much thereof as is open for use, suitable and
20 sufficient to prevent cattle, horses, sheep, hogs or other
21 livestock from getting on such railroad, provided that the
22 other 3 sides of the property are enclosed, except at the
23 crossings of public roads and highways, and within such
24 portion of cities and incorporated towns and villages as are
25 or may be hereafter laid out and platted into lots and
26 blocks, with gates at the farm crossings of such railroad,
27 which farm crossings shall be constructed by such rail
28 carrier when and where the same may become necessary, for the
29 use of the proprietors of the lands adjoining such railroad;
30 and when such fences are not made as aforesaid, or when such
31 fences are not kept in good repair, such rail carrier shall
32 be liable for all damages which may be done by the agents,
33 engines or cars of such rail carrier, to such cattle, horses,
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1 sheep, hogs or other livestock thereof, and reasonable
2 attorney's fees in any court wherein suit is brought for such
3 damages, or to which the same may be appealed; but where such
4 fences have been duly made and kept in good repair, such rail
5 carrier shall not be liable for any such damages, unless
6 negligently or willfully done.
7 (2) Enforcement. If the rail carrier, after being
8 notified, shall refuse to build or repair such fence, gates,
9 or farm crossings, in accordance with the provisions of this,
10 Section, the owner or occupant of the land required to be
11 fenced shall be entitled to an order from any court of
12 competent jurisdiction requiring the rail carrier to build or
13 repair such fence, gates, or farm crossing and may recover
14 interest at one percent per month of the cost of such
15 building or repair, from the time the crossing or repair was
16 requested, as damage in the circuit court, together with
17 costs to be taxed by the court.
18 (Source: P.A. 84-796.)
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1 INDEX
2 Statutes amended in order of appearance
3 35 ILCS 505/8 from Ch. 120, par. 424
4 625 ILCS 5/18c-7401 from Ch. 95 1/2, par. 18c-7401
5 625 ILCS 5/18c-7502 from Ch. 95 1/2, par. 18c-7502
6 625 ILCS 5/18c-7503 from Ch. 95 1/2, par. 18c-7503
7 625 ILCS 5/18c-7504 from Ch. 95 1/2, par. 18c-7504