Current through Register Vol. 48, No. 38, September 20, 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.
c) Parties to the proceeding or Commission
staff may contest the validity of the information included in the petition in
accordance with subsection (b) above.