625 ILCS 5/18c-7401
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 18c - Illinois Commercial Transportation Law

 (from Ch. 95 1/2, par. 18c-7401)Sec. 18c-7401. Safety requirements for track, facilities, and  equipment.(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.(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.(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;  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.The Commission shall also have power, after a hearing, to  require major alteration of or to abolish any crossing,  heretofore or hereafter established, when in its opinion, the  public safety requires such alteration or abolition, and,  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,  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  authority, shall remove any grade crossing warning devices and the grade  crossing surface.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  approaches thereto) of any railroad across any highway or  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  reconstruction, alteration, relocation, or improvement to be  made in such manner and upon such terms and conditions as may  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,  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  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.The Commission shall also have power to enter into stipulated agreements with a rail carrier or rail carriers or public authorities  to fund, provide, install, and maintain safety treatments to deter trespassing on railroad property in accordance with paragraph (1) of Section 18c-7503 at locations approved by such rail carrier or rail carriers following a diagnostic evaluation between the Commission and the rail carrier or rail carriers, including any public authority in interest or the Federal Railroad Administration, and to order the allocation of the cost of those treatments and their installation and maintenance from the Grade Crossing Protection Fund.  Safety treatments approved under this paragraph by the Commission shall be deemed adequate and appropriate.Every rail carrier operating in the State of Illinois shall  construct and maintain every highway crossing over its tracks  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  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.Every rail carrier operating within this State shall remove  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.  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.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,  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  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  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  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.Any person who unlawfully or maliciously removes, throws  down, damages or defaces any sign, signal, gate, or other  protective device, located at or near any public grade  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.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  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:(a) timetable speed of passenger trains;(b) distance to an alternate crossing;(c) accident history for the last 5 years;(d) number of vehicular traffic and posted speed     limits;(e) number of freight trains and their timetable     speeds;(f) the type of warning device present at the grade     crossing;(g) alignments of the roadway and railroad, and the     angle of intersection of those alignments;(h) use of the grade crossing by trucks carrying     hazardous materials, vehicles carrying passengers for hire, and school buses; and(i) use of the grade crossing by emergency vehicles.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.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  circulation.(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.(5) Railroad Bridges and Trestles; Walkway and Handrail.  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.(6) Packages Containing Articles for First Aid to Injured on Trains.(a) All rail carriers shall provide a first aid kit     that contains, at a minimum, those articles prescribed by the Commission, on each train or engine, for first aid to persons who may be injured in the course of the operation of such trains.(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:(a) the removal of any abandoned railroad tracks from     roads, streets or other thoroughfares in this State; and(b) the removal of abandoned overhead railroad     structures crossing highways, waterways, or railroads.The Commission may equitably apportion the cost of such  actions between the rail carrier or carriers, public utilities, and  the State, county, municipality, township, road district, or  other public authority in interest.(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.(9) Right of Access To Railroad Property.(a) A community antenna television company franchised     by a municipality or county pursuant to the Illinois Municipal Code or the Counties Code, respectively, shall not enter upon any real estate or rights-of-way in the possession or control of a railroad subject to the jurisdiction of the Illinois Commerce Commission unless the community antenna television company first complies with the applicable provisions of  subparagraph (f) of Section 11-42-11.1 of the Illinois Municipal Code or subparagraph (f) of Section 5-1096 of the Counties Code.(b) Notwithstanding any provision of law to the     contrary, this subsection (9) applies to all entries of railroad rights-of-way involving a railroad subject to the jurisdiction of the Illinois Commerce Commission by a community antenna television company and shall govern in the event of any conflict with any other provision of law.(c) This subsection (9) applies to any entry upon any     real estate or right-of-way in the possession or control of a railroad subject to the jurisdiction of the Illinois Commerce Commission for the purpose of or in connection with the construction, or installation of a community antenna television company's system or facilities commenced or renewed on or after August 22, 2017 (the effective date of Public Act 100-251).(d) Nothing in Public Act 100-251 shall be construed     to prevent a railroad from negotiating other terms and conditions or the resolution of any dispute in relation to an entry upon or right of access as set forth in this subsection (9).(e) For purposes of this subsection (9):"Broadband service", "cable operator", and "holder"     have the meanings given to those terms under Section 21-201 of the Public Utilities Act."Community antenna television company" includes, in     the case of real estate or rights-of-way in possession of or in control of a railroad, a holder, cable operator, or broadband service provider.(f) Beginning on August 22, 2017 (the effective date     of Public Act 100-251), the Transportation Division of the Illinois Commerce Commission shall include in its annual Crossing Safety Improvement Program report a brief description of the number of cases decided by the Illinois Commerce Commission and the number of cases that remain pending before the Illinois Commerce Commission under this subsection (9) for the period covered by the report. (Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21.)