Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1536 - GRADE CROSSING CLOSURE AND OPENING › Section 1536.10 - Petition to Close Grade Crossing

Current through Register Vol. 48, No. 28, July 12, 2024
a) A party may petition the Commission to
			 close a grade crossing of a public highway with the tracks of a registered rail
			 carrier on the grounds that public safety requires such a closure. The
			 Commission shall, at public hearing, consider the evidence presented in the
			 petition. Such hearing shall be conducted in accordance with the Commission's
			 rules of practice (83 Ill. Adm. Code 200).
b) The petition filed under subsection (a) of
			 this section shall include the following information about the crossing:
1) whether the crossing is located in an
			 incorporated city, village or town or in an unincorporated area;
2) whether the crossing is signalized (i.e.,
			 equipped with automatic flashing lights, with or without gates) or unsignalized
			 (i.e., all other types of warning devices, including crossbuck signs), and, if
			 signalized, when warning devices were installed or circuitry was
			 updated;
3) the average daily
			 vehicular traffic (ADT) which traverses the crossing and posted speed limit (if
			 speed is not posted, it shall be assumed to be 55 mph for crossings outside of
			 incorporated cities and municipalities, or 30 mph for crossings within the
			 limits of incorporated cities and municipalities). The ADT, which must have
			 been taken in a calendar year not more than two calendar years prior to the
			 year of the filing of the petition, shall be obtained from the Illinois
			 Department of Transportation (IDOT); however, if IDOT does not respond within
			 90 days to such a request, the petitioner may determine the ADT by performing a
			 traffic study utilizing IDOT's current traffic monitoring practices and
			 procedures;
4) the average number
			 of freight train movements per day over the crossing, calculated by taking the
			 total number of freight train movements which occur over the crossing during a
			 period of 28 consecutive days and then dividing that number by 28;
5) the average number of passenger train
			 movements per day over the crossing, calculated by taking the total number of
			 passenger train movements which occur over the crossing during a period of 28
			 consecutive days and then dividing that number by 28;
6) the maximum timetable speed for freight
			 and for passenger trains operating through the crossing;
7) the location of the two nearest public
			 rail-highway crossings;
8) the
			 crossing's accident history for the last 5 years;
9) the alignments of the roadway and railroad
			 and the angle of intersection of those alignments, and whether visibility of
			 trains to motorists approaching the crossing or to motorists stopped at the
			 crossing is adequate according to Appendix 1, "A Policy of Geometric Designs of
			 Highways and Streets", published by the American Association of State Highway
			 and Transportation Officials (AASHTO) in 1990 (no later editions or amendments
			 included);
10) the types of
			 vehicular traffic that use the grade crossing (e.g., automobiles, trucks
			 carrying hazardous materials, vehicles carrying passengers for hire, school
			 buses, etc.); and
11) the location
			 and mailing address of emergency response units having responsibility for the
			 area where the grade crossing is located, as obtained from the county sheriff
			 or county emergency management agency.