SB 2009 — VEH CD-RR CROSSING-STOP SIGNS

*LRB09518676WGH44770b* SB2009 95THEngrossed GENERALLRB095 ASSEMBLY18676 StateWGH of44770 Illinoisb andAN 2008ACT SB2009concerning Introducedtransportation. 2/7/2008, by Sen.

Larry K.

Bomke SYNOPSIS AS INTRODUCED:

ILCS 5/18c-7401 from Ch.

95 1/2, par.

18c-7401 Amends the Illinois Vehicle Code.

Provides that, on and after January 1, 2009, stop signs shall be in place at the highway intersection with every grade crossing in this State that is not equipped with automatic warning devices, such as a luminous flashing signal or crossing gate devices, and that the rail carrier is responsible for the cost of the installation and subsequent maintenance of the stop signs.

Deletes language requiring temporary stop signs at grade crossings under specified circumstances.

Effective January 1, 2009.

LRB095 18676 WGH 44770 b A BILL FOR SB2009 LRB095 18676 WGH 44770 b AN ACT concerning transportation.

No public road, highway, or street shall hereafter be constructed across the track of any rail SB2009 Engrossed - 2 - LRB095 18676 WGH 44770 b 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;

or to require a separation of grades, at SB2009 Engrossed - 3 - LRB095 18676 WGH 44770 b railroad-highway grade crossings;

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 SB2009 Engrossed - 4 - LRB095 18676 WGH 44770 b necessary to preserve or promote the safety or convenience of the public or of the employees or passengers of such rail carrier or carriers.

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 SB2009 Engrossed - 5 - LRB095 18676 WGH 44770 b 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.

Luminous flashing signal or crossing gate devices installed at SB2009 Engrossed - 6 - LRB095 18676 WGH 44770 b grade crossings, which have been approved by the Commission, shall be deemed adequate and appropriate.

OnExcept andwhere aftertrain Januarycrews 1,provide 2009,flagging Ifof the Commission has ordered the installation of luminous flashing signal or crossing gateto devicesroad atusers, ayield grade crossing, the Commission shall order the installation of temporary stop signs shall be ininstalled place at theall highway intersectionintersections with every the grade crossing in this State that is not equipped with automatic warning devices, such as aluminous .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 SB2009 Engrossed - 7 - LRB095 18676 WGH 44770 b 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 rail carrier is responsible for the cost of the installation and subsequent maintenance of the any required temporary stop signs.

NoThe railroadpermanent maysigns changeshall orbe modifyin theplace warningby deviceJuly system1, at2010. a railroad-highway grade crossing, including warning systems interconnected with highway traffic control signals, SB2009 - 7 - LRB095 18676 WGH 44770 b without having first received the approval of the Commission.

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.

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 SB2009 Engrossed - 8 - LRB095 18676 WGH 44770 b 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.

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 SB2009 - 8 - LRB095 18676 WGH 44770 b this Section.

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 SB2009 Engrossed - 9 - LRB095 18676 WGH 44770 b crossing, shall be guilty of a petty offense and fined not less than $50 nor more than $200 for each offense.

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 SB2009 - 9 - LRB095 18676 WGH 44770 b should be opened or abolished.

(g) alignments of the roadway and railroad, and the SB2009 Engrossed - 10 - LRB095 18676 WGH 44770 b angle of intersection of those alignments;

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 SB2009 - 10 - LRB095 18676 WGH 44770 b being published in an area newspaper of local general circulation.

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 SB2009 Engrossed - 11 - LRB095 18676 WGH 44770 b 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.

The Commission shall have authority, after notice and hearing, to SB2009 - 11 - LRB095 18676 WGH 44770 b order:

The Commission may permit a lesser clearance if it determines that the 23 foot clearance SB2009 Engrossed - 12 - LRB095 18676 WGH 44770 b standard cannot be justified based on engineering, operational, and economic conditions.

11-21-03.) Section 99.

Effective date.

This Act takes effect January 1, 2009.