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92_SB0531eng SB531 Engrossed LRB9207790LDcs 1 AN ACT in relation to transportation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Sections 18c-1703, 18c-7401, and 18c-7402 as 6 follows: 7 (625 ILCS 5/18c-1703) (from Ch. 95 1/2, par. 18c-1703) 8 Sec. 18c-1703. Investigations and Arrests. (1) 9 Enforcement Officers and Investigators. Enforcement officers 10 and investigators appointed by the Commission shall have, and 11 may exercise throughout the state, all the powers of police 12 officers when enforcing provisions of this Chapter, subject 13 to the regulations and orders of the Commission. 14 (2) Investigations. 15 (a) General Provisions. The Commission, through its 16 employees, shall conduct such investigations as are necessary 17 for the enforcement of this Chapter. 18 (b) Examination, Audit and Production of Records. 19 Authorized employees of the Commission shall have the power 20 at any and all times to examine, audit, or demand production 21 of all accounts, books, records, memoranda, and other papers 22 in the possession or control of a license or registration 23 holder, its employees or agents. In addition, every person 24 other than a license or registration holder and every 25 officer, employee or agent of such person shall permit every 26 authorized employee of the Commission, upon administrative 27 subpoena issued by the Chairman or his designee or the 28 Attorney General, to inspect and copy any accounts, books, 29 records, memoranda, letters, checks, vouchers, telegrams, 30 documents, or other papers in its possession or control which 31 the Commission deems necessary to the proper conduct of an SB531 Engrossed -2- LRB9207790LDcs 1 investigation to determine whether provisions of this 2 Chapter, Commission regulations or orders, have been 3 violated. 4 (c) Inspection of Equipment and Facilities. Authorized 5 employees of the Commission shall have the power at all times 6 to inspect the equipment, facilities, and other property of 7 the licensee in the possession or control of a carrier or 8 broker, its employees or agents. 9 (d) Special Investigations. The Commission may also 10 conduct special investigations as necessary for the 11 enforcement of this Chapter. Where such person is found by 12 the Commission to have violated this Chapter, and where the 13 Commission imposes a sanction for such violation under 14 Section 18c-1704 of this Chapter, the Commission may impose 15 on such person an assessment of reasonable expenses incurred 16 by the Commission in the investigation and subsequent 17 proceeding. Such assessment shall not exceed a fee of $100 18 per work day or $50 per half work day, per employee, for the 19 payroll costs of the Commission staff, plus actual 20 transportation (in accordance with applicable state employee 21 travel expense reimbursement regulations) and all other 22 actual expenses incurred in the special investigation and 23 subsequent proceeding. 24 (3) Arrests and Citations. The Commission shall make 25 arrests and issue notices of civil violations where necessary 26 for the enforcement of this Chapter. No rail carrier employee 27 shall be arrested for violation of this Chapter, except that 28 a rail carrier employee may be arrested and prosecuted for a 29 violation of subdivision (1)(e) of Section 18c-7402 where he 30 or she is an officer or director of the rail carrier whose 31 managerial duties include the establishment, maintenance, or 32 supervision of the rail carrier's routes, traffic, or 33 timetables, or whose managerial duties include the 34 supervision of, oversight of, or responsibility for track or SB531 Engrossed -3- LRB9207790LDcs 1 other railroad-related construction, maintenance, or 2 improvements. No person operating a motor vehicle in 3 violation of the licensing or safety provisions of this 4 Chapter shall be permitted to transport property or 5 passengers beyond the point of arrest unless, in the opinion 6 of the officer making the arrest, it is necessary to 7 transport the property or passengers to another location to 8 insure their safety or to preserve or tend cargo carried in 9 the vehicle. 10 (Source: P.A. 85-553.) 11 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401) 12 Sec. 18c-7401. Safety Requirements for Track, 13 Facilities, and Equipment. 14 (1) General Requirements. Each rail carrier shall, 15 consistent with rules, orders, and regulations of the Federal 16 Railroad Administration, construct, maintain, and operate all 17 of its equipment, track, and other property in this State in 18 such a manner as to pose no undue risk to its employees or 19 the person or property of any member of the public. 20 (2) Adoption of Federal Standards. The track safety 21 standards and accident/incident standards promulgated by the 22 Federal Railroad Administration shall be safety standards of 23 the Commission. The Commission may, in addition, adopt by 24 reference in its regulations other federal railroad safety 25 standards, whether contained in federal statutes or in 26 regulations adopted pursuant to such statutes. 27 (3) Railroad Crossings. No public road, highway, or 28 street shall hereafter be constructed across the track of any 29 rail carrier at grade, nor shall the track of any rail 30 carrier be constructed across a public road, highway or 31 street at grade, without having first secured the permission 32 of the Commission; provided, that this Section shall not 33 apply to the replacement of lawfully existing roads, highways SB531 Engrossed -4- LRB9207790LDcs 1 and tracks. No public pedestrian bridge or subway shall be 2 constructed across the track of any rail carrier without 3 having first secured the permission of the Commission. The 4 Commission shall have the right to refuse its permission or 5 to grant it upon such terms and conditions as it may 6 prescribe. The Commission shall have power to determine and 7 prescribe the manner, including the particular point of 8 crossing, and the terms of installation, operation, 9 maintenance, use and protection of each such crossing. 10 The Commission shall also have power, after a hearing, to 11 require major alteration of or to abolish any crossing, 12 heretofore or hereafter established, when in its opinion, the 13 public safety requires such alteration or abolition, and, 14 except in cities, villages and incorporated towns of 15 1,000,000 or more inhabitants, to vacate and close that part 16 of the highway on such crossing altered or abolished and 17 cause barricades to be erected across such highway in such 18 manner as to prevent the use of such crossing as a highway, 19 when, in the opinion of the Commission, the public 20 convenience served by the crossing in question is not such as 21 to justify the further retention thereof; or to require a 22 separation of grades, at railroad-highway grade crossings; or 23 to require a separation of grades at any proposed crossing 24 where a proposed public highway may cross the tracks of any 25 rail carrier or carriers; and to prescribe, after a hearing 26 of the parties, the terms upon which such separations shall 27 be made and the proportion in which the expense of the 28 alteration or abolition of such crossings or the separation 29 of such grades, having regard to the benefits, if any, 30 accruing to the rail carrier or any party in interest, shall 31 be divided between the rail carrier or carriers affected, or 32 between such carrier or carriers and the State, county, 33 municipality or other public authority in interest. However, 34 a public hearing by the Commission to abolish a crossing SB531 Engrossed -5- LRB9207790LDcs 1 shall not be required when the public highway authority in 2 interest vacates the highway. In such instance the rail 3 carrier, following notification to the Commission and the 4 highway authority, shall remove any grade crossing warning 5 devices and the grade crossing surface. 6 The Commission shall also have power by its order to 7 require the reconstruction, minor alteration, minor 8 relocation or improvement of any crossing (including the 9 necessary highway approaches thereto) of any railroad across 10 any highway or public road, pedestrian bridge, or pedestrian 11 subway, whether such crossing be at grade or by overhead 12 structure or by subway, whenever the Commission finds after a 13 hearing or without a hearing as otherwise provided in this 14 paragraph that such reconstruction, alteration, relocation or 15 improvement is necessary to preserve or promote the safety or 16 convenience of the public or of the employees or passengers 17 of such rail carrier or carriers. For the purpose of this 18 Section, a minor alteration shall include the installation of 19 any type of remote control track switch, technical or 20 operational improvement, or any other actions the Commission 21 deems necessary to reduce the occupancy of crossings by 22 trains and increase public safety. By its original order or 23 supplemental orders in such case, the Commission may direct 24 such reconstruction, alteration, relocation, or improvement 25 to be made in such manner and upon such terms and conditions 26 as may be reasonable and necessary and may apportion the cost 27 of such reconstruction, alteration, relocation or improvement 28 and the subsequent maintenance thereof, having regard to the 29 benefits, if any, accruing to the railroad or any party in 30 interest, between the rail carrier or carriers and public 31 utilities affected, or between such carrier or carriers and 32 public utilities and the State, county, municipality or other 33 public authority in interest. The cost to be so apportioned 34 shall include the cost of changes or alterations in the SB531 Engrossed -6- LRB9207790LDcs 1 equipment of public utilities affected as well as the cost of 2 the relocation, diversion or establishment of any public 3 highway, made necessary by such reconstruction, alteration, 4 relocation or improvement of said crossing. A hearing shall 5 not be required in those instances when the Commission enters 6 an order confirming a written stipulation in which the 7 Commission, the public highway authority or other public 8 authority in interest, the rail carrier or carriers affected, 9 and in instances involving the use of the Grade Crossing 10 Protection Fund, the Illinois Department of Transportation, 11 agree on the reconstruction, alteration, relocation, or 12 improvement and the subsequent maintenance thereof and the 13 division of costs of such changes of any grade crossing 14 (including the necessary highway approaches thereto) of any 15 railroad across any highway, pedestrian bridge, or pedestrian 16 subway. 17 Every rail carrier operating in the State of Illinois 18 shall construct and maintain every highway crossing over its 19 tracks within the State so that the roadway at the 20 intersection shall be as flush with the rails as 21 superelevated curves will allow, and, unless otherwise 22 ordered by the Commission, shall construct and maintain the 23 approaches thereto at a grade of not more than 5% within the 24 right of way for a distance of not less the 6 feet on each 25 side of the centerline of such tracks; provided, that the 26 grades at the approaches may be maintained in excess of 5% 27 only when authorized by the Commission. 28 Every rail carrier operating within this State shall 29 remove from its right of way at all railroad-highway grade 30 crossings within the State, such brush, shrubbery, and trees 31 as is reasonably practical for a distance of not less than 32 500 feet in either direction from each grade crossing. The 33 Commission shall have power, upon its own motion, or upon 34 complaint, and after having made proper investigation, to SB531 Engrossed -7- LRB9207790LDcs 1 require the installation of adequate and appropriate luminous 2 reflective warning signs, luminous flashing signals, crossing 3 gates illuminated at night, or other protective devices in 4 order to promote and safeguard the health and safety of the 5 public. Luminous flashing signal or crossing gate devices 6 installed at grade crossings, which have been approved by the 7 Commission, shall be deemed adequate and appropriate. The 8 Commission shall have authority to determine the number, 9 type, and location of such signs, signals, gates, or other 10 protective devices which, however, shall conform as near as 11 may be with generally recognized national standards, and the 12 Commission shall have authority to prescribe the division of 13 the cost of the installation and subsequent maintenance of 14 such signs, signals, gates, or other protective devices 15 between the rail carrier or carriers, the public highway 16 authority or other public authority in interest, and in 17 instances involving the use of the Grade Crossing Protection 18 Fund, the Illinois Department of Transportation. 19 No railroad may change or modify the warning device 20 system at a railroad-highway grade crossing, including 21 warning systems interconnected with highway traffic control 22 signals, without having first received the approval of the 23 Commission. The Commission shall have the further power, 24 upon application, upon its own motion, or upon complaint and 25 after having made proper investigation, to require the 26 interconnection of grade crossing warning devices with 27 traffic control signals at highway intersections located at 28 or near railroad crossings within the distances described by 29 the State Manual on Uniform Traffic Control Devices adopted 30 pursuant to Section 11-301 of this Code. In addition, State 31 and local authorities may not install, remove, modernize, or 32 otherwise modify traffic control signals at a highway 33 intersection that is interconnected or proposed to be 34 interconnected with grade crossing warning devices when the SB531 Engrossed -8- LRB9207790LDcs 1 change affects the number, type, or location of traffic 2 control devices on the track approach leg or legs of the 3 intersection or the timing of the railroad preemption 4 sequence of operation until the Commission has approved the 5 installation, removal, modernization, or modification. 6 Commission approval shall be limited to consideration of 7 issues directly affecting the public safety at the 8 railroad-highway grade crossing. The electrical circuit 9 devices, alternate warning devices, and preemption sequences 10 shall conform as nearly as possible, considering the 11 particular characteristics of the crossing and intersection 12 area, to the State manual adopted by the Illinois Department 13 of Transportation pursuant to Section 11-301 of this Code and 14 such federal standards as are made applicable by subsection 15 (2) of this Section. In order to carry out this authority, 16 the Commission shall have the authority to determine the 17 number, type, and location of traffic control devices on the 18 track approach leg or legs of the intersection and the timing 19 of the railroad preemption sequence of operation. The 20 Commission shall prescribe the division of costs for 21 installation and maintenance of all devices required by this 22 paragraph between the railroad or railroads and the highway 23 authority in interest and in instances involving the use of 24 the Grade Crossing Protection Fund or a State highway, the 25 Illinois Department of Transportation. 26 Any person who unlawfully or maliciously removes, throws 27 down, damages or defaces any sign, signal, gate or other 28 protective device, located at or near any public grade 29 crossing, shall be guilty of a petty offense and fined not 30 less than $50 nor more than $200 for each offense. In 31 addition to fines levied under the provisions of this Section 32 a person adjudged guilty hereunder may also be directed to 33 make restitution for the costs of repair or replacement, or 34 both, necessitated by his misconduct. SB531 Engrossed -9- LRB9207790LDcs 1 It is the public policy of the State of Illinois to 2 enhance public safety by establishing safe grade crossings. 3 In order to implement this policy, the Illinois Commerce 4 Commission is directed to conduct public hearings and to 5 adopt specific criteria by July 1, 1994, that shall be 6 adhered to by the Illinois Commerce Commission in determining 7 if a grade crossing should be opened or abolished. The 8 following factors shall be considered by the Illinois 9 Commerce Commission in developing the specific criteria for 10 opening and abolishing grade crossings: 11 (a) timetable speed of passenger trains; 12 (b) distance to an alternate crossing; 13 (c) accident history for the last 5 years; 14 (d) number of vehicular traffic and posted speed 15 limits; 16 (e) number of freight trains and their timetable 17 speeds; 18 (f) the type of warning device present at the grade 19 crossing; 20 (g) alignments of the roadway and railroad, and the 21 angle of intersection of those alignments; 22 (h) use of the grade crossing by trucks carrying 23 hazardous materials, vehicles carrying passengers for 24 hire, and school buses; and 25 (i) use of the grade crossing by emergency 26 vehicles. 27 The Illinois Commerce Commission, upon petition to open 28 or abolish a grade crossing, shall enter an order opening or 29 abolishing the crossing if it meets the specific criteria 30 adopted by the Commission. 31 Except as otherwise provided in this subsection (3), in 32 no instance shall a grade crossing be permanently closed 33 without public hearing first being held and notice of such 34 hearing being published in an area newspaper of local general SB531 Engrossed -10- LRB9207790LDcs 1 circulation. 2 (4) Freight Trains - Radio Communications. The 3 Commission shall after hearing and order require that every 4 main line railroad freight train operating on main tracks 5 outside of yard limits within this State shall be equipped 6 with a radio communication system. The Commission after 7 notice and hearing may grant exemptions from the requirements 8 of this Section as to secondary and branch lines. 9 (5) Railroad Bridges and Trestles - Walkway and 10 Handrail. In cases in which the Commission finds the same to 11 be practical and necessary for safety of railroad employees, 12 bridges and trestles, over and upon which railroad trains are 13 operated, shall include as a part thereof, a safe and 14 suitable walkway and handrail on one side only of such bridge 15 or trestle, and such handrail shall be located at the outer 16 edge of the walkway and shall provide a clearance of not less 17 than 8 feet, 6 inches, from the center line of the nearest 18 track, measured at right angles thereto. 19 (6) Packages Containing Articles for First Aid to 20 Injured on Trains. All rail carriers shall provide a package 21 containing the articles prescribed by the Commission, on each 22 train or engine, for first aid to persons who may be injured 23 in the course of the operation of such trains. 24 (7) Abandoned Bridges, Crossings, and Other Rail Plant. 25 The Commission shall have authority, after notice and 26 hearing, to order: 27 (a) The removal of any abandoned railroad tracks 28 from roads, streets or other thoroughfares in this State; 29 and 30 (b) The removal of abandoned overhead railroad 31 structures crossing highways, waterways, or railroads. 32 The Commission may equitably apportion the cost of such 33 actions between the rail carrier or carriers, public 34 utilities, and the State, county, municipality, township, SB531 Engrossed -11- LRB9207790LDcs 1 road district, or other public authority in interest. 2 (8) Railroad-Highway Bridge Clearance. A vertical 3 clearance of not less than 23 feet above the top of rail 4 shall be provided for all new or reconstructed highway 5 bridges constructed over a railroad track. The Commission 6 may permit a lesser clearance if it determines that the 23 7 foot clearance standard cannot be justified based on 8 engineering, operational, and economic conditions. 9 (Source: P.A. 90-691, eff. 1-1-99; 91-725, eff. 6-2-00.) 10 (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402) 11 Sec. 18c-7402. Safety Requirements for Railroad 12 Operations. 13 (1) Obstruction of Crossings. 14 (a) Obstruction of Emergency Vehicles. Every 15 railroad shall be operated in such a manner as to 16 minimize obstruction of emergency vehicles at crossings. 17 Where such obstruction occurs and the train crew is aware 18 of the obstruction, the train crew shall immediately take 19 any action, consistent with safe operating procedure, 20 necessary to remove the obstruction. In the Chicago and 21 St. Louis switching districts, every railroad dispatcher 22 or other person responsible for the movement of railroad 23 equipment in a specific area who receives notification 24 that railroad equipment is obstructing the movement of an 25 emergency vehicle at any crossing within such area shall 26 immediately notify the train crew through use of existing 27 communication facilities. Upon notification, the train 28 crew shall take immediate action in accordance with this 29 paragraph. 30 (b) Obstruction of Highway at Grade Crossing 31 Prohibited. It is unlawful for a rail carrier to permit 32 any train, railroad car or engine to obstruct public 33 travel at a railroad-highway grade crossing for a period SB531 Engrossed -12- LRB9207790LDcs 1 in excess of 10 minutes, except where such train or 2 railroad car is continuously moving or cannot be moved by 3 reason of circumstances over which the rail carrier has 4 no reasonable control. 5 In a county with a population of greater than 6 1,000,000, as determined by the most recent federal 7 census, during the hours of 7:00 a.m. through 9:00 a.m. 8 and 4:00 p.m. through 6:00 p.m. it is unlawful for a rail 9 carrier to permit any single train or railroad car to 10 obstruct public travel at a railroad-highway grade 11 crossing in excess of a total of 10 minutes during a 30 12 minute period, except where the train or railroad car 13 cannot be moved by reason or circumstances over which the 14 rail carrier has no reasonable control. Under no 15 circumstances will a moving train be stopped for the 16 purposes of issuing a citation related to this Section. 17 However, no employee acting under the rules or orders of 18 the rail carrier or its supervisory personnel may be 19 prosecuted for a violation of this subsection (b). 20 (c) Punishment for Obstruction of Grade Crossing. 21 Any rail carrier violating paragraph (b) of this 22 subsection shall be guilty of a petty offense and fined 23 not less than $200 nor more than $500 if the duration of 24 the obstruction is in excess of 10 minutes but no longer 25 than 15 minutes. If the duration of the obstruction 26 exceeds 15 minutes the violation shall be a business 27 offense and the following fines shall be imposed: if the 28 duration of the obstruction is in excess of 15 minutes 29 but no longer than 20 minutes, the fine shall be $500; if 30 the duration of the obstruction is in excess of 20 31 minutes but no longer than 25 minutes, the fine shall be 32 $700; if the duration of the obstruction is in excess of 33 25 minutes, but no longer than 30 minutes, the fine shall 34 be $900; if the duration of the obstruction is in excess SB531 Engrossed -13- LRB9207790LDcs 1 of 30 minutes but no longer than 35 minutes, the fine 2 shall be $1,000; if the duration of the obstruction is in 3 excess of 35 minutes, the fine shall be $1,000 plus an 4 additional $500 for each 5 minutes of obstruction in 5 excess of 25 minutes of obstruction. 6 (d) Chronic obstruction of a grade crossing. Within 7 the Chicago switching district, the Commission may, after 8 investigation, make a determination that a railroad has 9 engaged in chronic obstruction of a grade crossing. The 10 Commission shall investigate allegations that a 11 railroad's trains repeatedly and with great rate of 12 recurrence obstruct a grade crossing by frequently 13 stopping and causing disruption of vehicular traffic and 14 endangering the lives and safety of the citizens of this 15 State by interfering with the operation of ambulances and 16 fire department vehicles. If, after reasonable notice and 17 a hearing at which the railroad is entitled to be 18 represented by counsel, present evidence, and otherwise 19 be heard, the Commission finds probable cause to believe 20 that, within a 2-week period, the railroad's trains have 21 stopped traffic at a described crossing for 20 minutes or 22 longer on 3 or more occasions, the Commission shall refer 23 the matter to the State's Attorney of the county in which 24 the obstruction has occurred, together with any 25 transcript, documents, and other physical evidence 26 presented at the hearing, for prosecution for the chronic 27 obstruction of a grade crossing within the Chicago 28 switching district or any other indicated offense. 29 (e) Chronic obstruction of a grade crossing within 30 the Chicago switching district. A person commits the 31 offense of chronic obstruction of a grade crossing within 32 the Chicago switching district if the person is a 33 railroad officer or director whose managerial duties 34 include the establishment, maintenance, or supervision of SB531 Engrossed -14- LRB9207790LDcs 1 the railroad's routes, traffic, or timetables; or the 2 person is a railroad officer or director whose managerial 3 duties include the supervision of, oversight of, or 4 responsibility for track or other railroad-related 5 construction, maintenance, or improvements at the site of 6 an obstructed grade crossing and: 7 (i) a train or combination of trains subject to 8 that person's supervision, scheduling, direction, or 9 oversight has stopped traffic within the Chicago 10 switching district at the same railroad crossing for 11 20 minutes or longer on 3 or more occasions within a 12 2-week period; or 13 (ii) a train or combination of trains has 14 stopped traffic within the Chicago switching 15 district at the same railroad crossing for 20 16 minutes or longer on 3 or more occasions within a 17 2-week period due to track or other railroad 18 construction, maintenance, or improvements subject 19 to that person's supervision, responsibility, or 20 oversight. 21 The railroad or railroad corporation employing that 22 person is also liable for violations of this Section. 23 A railroad or rail carrier which operates trains or 24 constructs, maintains, or improves track within the 25 Chicago switching district shall be deemed to have given 26 consent to prosecution under this Section of itself and 27 on behalf of officers and directors subject to the 28 provisions of this Section. The officers and directors of 29 that railroad shall also be deemed to have given consent 30 to their prosecution under this Section. 31 Chronic obstruction of a grade crossing within the 32 Chicago switching district is a Class C misdemeanor for 33 the first offense. For a second or subsequent offense at 34 the same location the penalty is a Class B misdemeanor SB531 Engrossed -15- LRB9207790LDcs 1 and the fine shall be triple the fine amount of the first 2 offense. 3 (2) Other Operational Requirements. 4 (a) Bell and Whistle-Crossings. Every rail carrier 5 shall cause a bell, and a whistle or horn to be placed 6 and kept on each locomotive, and shall cause the same to 7 be rung or sounded by the engineer or fireman, at the 8 distance of a least 1,320 feet, from the place where the 9 railroad crosses or intersects any public highway, and 10 shall be kept ringing or sounding until the highway is 11 reached; provided that at crossings where the Commission 12 shall by order direct, only after a hearing has been held 13 to determine the public is reasonably and sufficiently 14 protected, the rail carrier may be excused from giving 15 warning provided by this paragraph. 16 (b) Speed Limits. Each rail carrier shall operate 17 its trains in compliance with speed limits set by the 18 Commission. The Commission may set train speed limits 19 only where such limits are necessitated by extraordinary 20 circumstances effecting the public safety, and shall 21 maintain such train speed limits in effect only for such 22 time as the extraordinary circumstances prevail. 23 The Commission and the Department of Transportation 24 shall conduct a study of the relation between train 25 speeds and railroad-highway grade crossing safety. The 26 Commission shall report the findings of the study to the 27 General Assembly no later than January 5, 1997. 28 (c) Special Speed Limit; Pilot Project. The 29 Commission and the Board of the Commuter Rail Division of 30 the Regional Transportation Authority shall conduct a 31 pilot project in the Village of Fox River Grove, the site 32 of the fatal school bus accident at a railroad crossing 33 on October 25, 1995, in order to improve railroad 34 crossing safety. For this project, the Commission is SB531 Engrossed -16- LRB9207790LDcs 1 directed to set the maximum train speed limit for 2 Regional Transportation Authority trains at 50 miles per 3 hour at intersections on that portion of the intrastate 4 rail line located in the Village of Fox River Grove. If 5 the Regional Transportation Authority deliberately fails 6 to comply with this maximum speed limit, then any entity, 7 governmental or otherwise, that provides capital or 8 operational funds to the Regional Transportation 9 Authority shall appropriately reduce or eliminate that 10 funding. The Commission shall report to the Governor and 11 the General Assembly on the results of this pilot project 12 in January 1999, January 2000, and January 2001. The 13 Commission shall also submit a final report on the pilot 14 project to the Governor and the General Assembly in 15 January 2001. The provisions of this subsection (c), 16 other than this sentence, are inoperative after February 17 1, 2001. 18 (3) Report and Investigation of Rail Accidents. 19 (a) Reports. Every rail carrier shall report to the 20 Commission, by the speediest means possible, whether 21 telephone, telegraph, or otherwise, every accident 22 involving its equipment, track, or other property which 23 resulted in loss of life to any person. In addition, 24 such carriers shall file a written report with the 25 Commission. Reports submitted under this paragraph shall 26 be strictly confidential, shall be specifically 27 prohibited from disclosure, and shall not be admissible 28 in any administrative or judicial proceeding relating to 29 the accidents reported. 30 (b) Investigations. The Commission may investigate 31 all railroad accidents reported to it or of which it 32 acquires knowledge independent of reports made by rail 33 carriers, and shall have the power, consistent with 34 standards and procedures established under the Federal SB531 Engrossed -17- LRB9207790LDcs 1 Railroad Safety Act, as amended, to enter such temporary 2 orders as will minimize the risk of future accidents 3 pending notice, hearing, and final action by the 4 Commission. 5 (Source: P.A. 90-187, eff. 1-1-98; 91-675, eff. 6-1-00.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.