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Public Act 097-0374 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 18c-7401 as follows: | ||||
(625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
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Sec. 18c-7401. Safety Requirements for Track, Facilities, | ||||
and
Equipment.
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(1) General Requirements. Each rail carrier shall, | ||||
consistent with rules,
orders, and regulations of the Federal | ||||
Railroad Administration, construct,
maintain, and operate all | ||||
of its equipment, track, and other property in this
State in | ||||
such a manner as to pose no undue risk to its employees or the | ||||
person
or property of any member of the public.
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(2) Adoption of Federal Standards. The track safety | ||||
standards and
accident/incident standards promulgated by the | ||||
Federal Railroad Administration
shall be safety standards of | ||||
the Commission. The Commission may, in addition,
adopt by | ||||
reference in its regulations other federal railroad safety | ||||
standards,
whether contained in federal statutes or in | ||||
regulations adopted pursuant to
such statutes.
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(3) Railroad Crossings. No public road, highway, or street | ||||
shall hereafter
be constructed across the track of any rail |
carrier at grade, nor shall the
track of any rail carrier be | ||
constructed across a public road, highway or
street at grade, | ||
without having first secured the permission of the Commission;
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provided, that this Section shall not apply to the replacement | ||
of lawfully
existing roads, highways and tracks.
No public | ||
pedestrian bridge or subway shall be constructed across the | ||
track
of any rail carrier without having first secured the | ||
permission of the
Commission.
The Commission shall have the | ||
right to
refuse its permission or to grant it upon such terms | ||
and conditions as it may
prescribe.
The Commission shall have | ||
power to determine and prescribe the
manner, including the | ||
particular point of crossing, and the terms of
installation, | ||
operation, maintenance, use and protection of each such | ||
crossing.
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The Commission shall also have power, after a hearing, to
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require major alteration of or to abolish any crossing,
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heretofore or hereafter established, when in its opinion, the
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public safety requires such alteration or abolition, and,
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except in cities, villages and incorporated towns of
1,000,000 | ||
or more inhabitants, to vacate and close that part
of the | ||
highway on such crossing altered or abolished and
cause | ||
barricades to be erected across such highway in such
manner as | ||
to prevent the use of such crossing as a highway,
when, in the | ||
opinion of the Commission, the public
convenience served by the | ||
crossing in question is not such as
to justify the further | ||
retention thereof; or to require a
separation of grades, at |
railroad-highway grade crossings; or to
require a
separation of | ||
grades at any proposed crossing where a
proposed public highway | ||
may cross the tracks of any rail
carrier or carriers; and to | ||
prescribe, after a hearing of the parties,
the terms upon which | ||
such separations shall be made and the
proportion in which the | ||
expense of the alteration or
abolition of such crossings or the | ||
separation of such grades, having regard
to the benefits, if | ||
any, accruing to the rail carrier or any party in
interest,
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shall be divided between the rail carrier or carriers affected, | ||
or
between such carrier or carriers and the State, county, | ||
municipality
or other public authority in interest.
However, a | ||
public hearing by the Commission to abolish a crossing shall | ||
not
be required
when the public highway authority in interest | ||
vacates the highway. In such
instance
the rail carrier, | ||
following notification to the Commission and the highway
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authority, shall remove any grade crossing warning devices and | ||
the grade
crossing surface.
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The Commission shall also have power by its order to | ||
require
the reconstruction, minor alteration, minor relocation | ||
or
improvement of any crossing (including the necessary highway
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approaches thereto) of any railroad across any highway or
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public road, pedestrian bridge, or pedestrian subway, whether | ||
such crossing
be at grade
or by overhead
structure or by | ||
subway, whenever the Commission finds after a
hearing or | ||
without a hearing as otherwise provided in this
paragraph that | ||
such reconstruction, alteration, relocation or
improvement is |
necessary to preserve or promote the safety or
convenience of | ||
the public or of the employees or passengers
of such rail | ||
carrier or carriers. By its original order or
supplemental | ||
orders in such case, the Commission may direct such
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reconstruction, alteration, relocation, or improvement to be
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made in such manner and upon such terms and conditions as may
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be reasonable and necessary
and may apportion the cost of
such | ||
reconstruction, alteration, relocation or improvement
and the | ||
subsequent maintenance thereof, having regard to the benefits, | ||
if
any, accruing
to the railroad or any party in interest,
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between the rail
carrier or carriers and public utilities | ||
affected, or between such
carrier or carriers and public | ||
utilities and the State, county,
municipality or other public | ||
authority in interest. The cost
to be so apportioned shall | ||
include the cost of changes or
alterations in the equipment of | ||
public utilities affected as
well as the cost of the | ||
relocation, diversion or
establishment of any public highway, | ||
made necessary by such
reconstruction, alteration, relocation | ||
or improvement of said
crossing. A hearing shall not be | ||
required in those instances
when the Commission enters an order | ||
confirming a written
stipulation in which the Commission, the | ||
public highway
authority or other public authority in interest, | ||
the rail carrier or
carriers
affected, and in
instances | ||
involving the use of the Grade Crossing Protection
Fund, the | ||
Illinois Department of Transportation, agree on the
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reconstruction, alteration, relocation, or improvement and
the |
subsequent maintenance thereof and the division of costs
of | ||
such changes of any grade crossing (including the
necessary | ||
highway approaches thereto) of any railroad across
any highway, | ||
pedestrian bridge, or pedestrian subway.
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Every rail carrier operating in the State of Illinois shall
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construct and maintain every highway crossing over its tracks
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within the State so that the roadway at the intersection
shall | ||
be as flush with the rails as superelevated curves will
allow, | ||
and, unless otherwise ordered by the Commission, shall
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construct and maintain the approaches thereto at a grade of
not | ||
more than 5% within the right of way for a distance of
not less | ||
the 6 feet on each side of the centerline of such
tracks; | ||
provided, that the grades at the approaches may be
maintained | ||
in excess of 5% only when authorized by the
Commission.
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Every rail carrier operating within this State shall remove
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from its right of way at all railroad-highway grade crossings | ||
within the
State, such brush, shrubbery, and trees as is | ||
reasonably
practical for a distance of not less than 500 feet | ||
in either
direction from each grade crossing.
The Commission | ||
shall have power, upon its own motion, or upon
complaint, and | ||
after having made proper investigation, to
require the | ||
installation of adequate and appropriate luminous
reflective | ||
warning signs, luminous flashing
signals, crossing
gates | ||
illuminated at night, or other protective devices
in
order to | ||
promote and safeguard the health and safety of the
public.
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Luminous flashing signal or crossing gate
devices installed at |
grade crossings, which have been approved
by the Commission, | ||
shall be deemed adequate and appropriate.
The Commission shall | ||
have authority to determine the number,
type, and location of | ||
such signs, signals, gates, or other
protective devices which, | ||
however, shall conform as near as
may be with generally | ||
recognized national standards, and the
Commission shall have | ||
authority to prescribe the division of
the cost of the | ||
installation and subsequent maintenance of
such signs, | ||
signals, gates, or other protective
devices between the rail | ||
carrier or carriers, the public highway
authority or other | ||
public authority in
interest, and in instances involving the | ||
use of the Grade
Crossing Protection Fund, the Illinois | ||
Department of
Transportation.
Except where train crews provide | ||
flagging of the crossing to road users, yield signs shall be | ||
installed at all highway intersections with every grade | ||
crossing in this State that is not equipped with automatic | ||
warning devices, such as luminous flashing signals or crossing | ||
gate devices. A stop sign may be used in lieu of the yield sign | ||
when an engineering study conducted in cooperation with the | ||
highway authority and the Illinois Department of | ||
Transportation has determined that a stop sign is warranted. If | ||
the Commission has ordered the installation of luminous | ||
flashing signal or
crossing gate devices at a grade crossing | ||
not equipped with active warning devices, the Commission shall | ||
order the
installation of temporary stop signs at the highway | ||
intersection with the grade
crossing unless an engineering |
study has determined that a stop sign is not appropriate. If a | ||
stop sign is not appropriate, the Commission may order the | ||
installation of other appropriate supplemental signing as | ||
determined by an engineering study. The temporary signs shall | ||
remain in place until the luminous
flashing signal or crossing | ||
gate devices have been installed.
The rail carrier is | ||
responsible for the installation and subsequent
maintenance of | ||
any required signs.
The permanent signs shall be in place by | ||
July 1, 2011.
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No railroad may change or modify the warning device system | ||
at a
railroad-highway grade crossing, including warning | ||
systems interconnected with
highway traffic control signals, | ||
without having first received the approval of
the Commission. | ||
The Commission shall have the further power, upon application,
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upon its own motion, or upon
complaint and after having made | ||
proper investigation, to require
the interconnection of grade | ||
crossing warning devices with traffic control
signals at | ||
highway intersections located at or near railroad crossings | ||
within
the distances described by the State Manual on Uniform | ||
Traffic Control Devices
adopted pursuant to Section 11-301 of | ||
this Code. In addition, State and local
authorities may not | ||
install, remove, modernize, or otherwise modify traffic
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control signals at a highway intersection that is | ||
interconnected or proposed to
be interconnected with grade | ||
crossing warning devices when the change affects
the number, | ||
type, or location of traffic control devices on the track |
approach
leg or legs of the intersection or the timing of the | ||
railroad preemption
sequence of operation until the Commission | ||
has approved the installation,
removal, modernization, or | ||
modification.
Commission approval shall be limited to | ||
consideration of
issues directly affecting the public safety at | ||
the railroad-highway grade
crossing. The electrical circuit | ||
devices, alternate warning devices, and
preemption sequences | ||
shall conform as nearly as possible, considering the
particular | ||
characteristics of the crossing and
intersection area, to the | ||
State manual adopted by the Illinois Department of
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Transportation pursuant to Section 11-301 of this Code and such | ||
federal
standards as are made applicable by subsection (2) of | ||
this Section. In order
to carry out this authority, the | ||
Commission shall have the authority to
determine the number, | ||
type, and location of traffic control devices on the
track | ||
approach leg or legs of the intersection and the timing of the | ||
railroad
preemption sequence of operation.
The Commission | ||
shall prescribe the division of costs for installation and
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maintenance of all devices required by this paragraph between | ||
the railroad or
railroads and the highway authority in interest | ||
and in instances involving the
use of the Grade Crossing | ||
Protection Fund or a State highway, the Illinois
Department of | ||
Transportation.
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Any person who unlawfully or maliciously removes, throws
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down, damages or defaces any sign, signal, gate or other
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protective device, located at or near any public grade
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crossing, shall be guilty of a petty offense and fined not
less | ||
than $50 nor more than $200 for each offense. In
addition to | ||
fines levied under the provisions of this
Section a person | ||
adjudged guilty hereunder may also be
directed to make | ||
restitution for the costs of repair or
replacement, or both, | ||
necessitated by his misconduct.
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It is the public policy of the State of Illinois to enhance | ||
public safety
by establishing safe grade crossings. In order to | ||
implement this policy, the
Illinois Commerce Commission is | ||
directed to conduct public hearings and to
adopt specific | ||
criteria by July 1, 1994, that shall be adhered to by the
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Illinois Commerce Commission in determining if a grade crossing | ||
should be
opened or abolished. The following factors shall be | ||
considered by the
Illinois Commerce Commission in developing | ||
the specific criteria for opening
and abolishing grade | ||
crossings:
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(a) timetable speed of passenger trains;
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(b) distance to an alternate crossing;
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(c) accident history for the last 5 years;
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(d) number of vehicular traffic and posted speed | ||
limits;
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(e) number of freight trains and their timetable | ||
speeds;
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(f) the type of warning device present at the grade | ||
crossing;
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(g) alignments of the roadway and railroad, and the |
angle of intersection
of those alignments;
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(h) use of the grade crossing by trucks carrying | ||
hazardous materials,
vehicles carrying passengers for | ||
hire, and school buses; and
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(i) use of the grade crossing by emergency vehicles.
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The Illinois Commerce Commission, upon petition to open or | ||
abolish a grade
crossing, shall enter an order opening or | ||
abolishing the crossing if it meets
the specific criteria | ||
adopted by the Commission.
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Except as otherwise provided in this subsection (3), in no | ||
instance shall
a grade crossing be permanently closed
without | ||
public hearing first being held and notice of such
hearing | ||
being published in an area newspaper of local general
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circulation.
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(4) Freight Trains - Radio Communications.
The Commission | ||
shall after hearing and order require that
every main line | ||
railroad freight train operating on main
tracks outside of yard | ||
limits within this State shall be
equipped with a radio | ||
communication system. The Commission
after notice and hearing | ||
may grant exemptions from the
requirements of this Section as | ||
to secondary and branch
lines.
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(5) Railroad Bridges and Trestles - Walkway and Handrail.
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In cases in which the Commission finds the same to be
practical | ||
and necessary for safety of railroad employees,
bridges and | ||
trestles, over and upon which railroad trains are
operated, | ||
shall include as a part thereof, a safe and
suitable walkway |
and handrail on one side only of such bridge
or trestle, and | ||
such handrail shall be located at the outer
edge of the walkway | ||
and shall provide a clearance of not less
than 8 feet, 6 | ||
inches, from the center line of the nearest
track, measured at | ||
right angles thereto.
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(6) Packages Containing Articles for First Aid to Injured | ||
on Trains.
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(a) All rail carriers shall provide a first aid kit | ||
that contains, at a minimum, those package containing the
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articles prescribed by the Commission, on each train or
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engine, for first aid to persons who may be injured in the
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course of the operation of such trains.
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(b) A vehicle, excluding a taxi cab used in an | ||
emergency situation, operated by a contract carrier | ||
transporting railroad employees in the course of their | ||
employment shall be equipped with a readily available first | ||
aid kit that contains, as a minimum, the same articles that | ||
are required on each train or engine. | ||
(7) Abandoned Bridges, Crossings, and Other Rail Plant.
The | ||
Commission shall have authority, after notice and hearing, to | ||
order:
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(a) The removal of any abandoned railroad tracks from | ||
roads,
streets or other thoroughfares in this State; and
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(b) The removal of abandoned overhead railroad | ||
structures
crossing highways, waterways, or railroads.
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The Commission may equitably apportion the cost of such
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actions between the rail carrier or carriers, public utilities, | ||
and
the State, county, municipality, township, road district, | ||
or
other public authority in interest.
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(8) Railroad-Highway Bridge Clearance. A vertical | ||
clearance of not less
than 23 feet
above the top of rail shall | ||
be provided for all new or reconstructed highway
bridges | ||
constructed over a railroad track. The Commission may permit a | ||
lesser
clearance if it determines
that the 23 foot clearance | ||
standard cannot be justified based on
engineering, | ||
operational, and economic conditions.
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(Source: P.A. 96-470, eff. 8-14-09.)
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