Bill Amendment: IL SB3313 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: VEH CD-RAILCROSSING-SHRUBBERY
Status: 2016-07-31 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3313 Detail]
Download: Illinois-2015-SB3313-Senate_Amendment_001.html
Bill Title: VEH CD-RAILCROSSING-SHRUBBERY
Status: 2016-07-31 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3313 Detail]
Download: Illinois-2015-SB3313-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 3313
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2 | AMENDMENT NO. ______. Amend Senate Bill 3313 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 18c-7401 as follows:
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6 | (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
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7 | Sec. 18c-7401. Safety Requirements for Track, Facilities, | ||||||
8 | and
Equipment.
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9 | (1) General Requirements. Each rail carrier shall, | ||||||
10 | consistent with rules,
orders, and
and regulations of the | ||||||
11 | Federal Railroad Administration, construct,
maintain, and | ||||||
12 | operate all of its equipment, track, and other property in this
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13 | State in such a manner as to pose no undue risk to its | ||||||
14 | employees or the person
or property of any member of the | ||||||
15 | public.
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16 | (2) Adoption of Federal Standards. The track safety |
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1 | standards and
accident/incident standards promulgated by the | ||||||
2 | Federal Railroad Administration
shall be safety standards of | ||||||
3 | the Commission. The Commission may, in addition,
adopt by | ||||||
4 | reference in its regulations other federal railroad safety | ||||||
5 | standards,
whether contained in federal statutes or in | ||||||
6 | regulations adopted pursuant to
such statutes.
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7 | (3) Railroad Crossings. No public road, highway, or street | ||||||
8 | shall hereafter
be constructed across the track of any rail | ||||||
9 | carrier at grade, nor shall the
track of any rail carrier be | ||||||
10 | constructed across a public road, highway or
street at grade, | ||||||
11 | without having first secured the permission of the Commission;
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12 | provided, that this Section shall not apply to the replacement | ||||||
13 | of lawfully
existing roads, highways and tracks.
No public | ||||||
14 | pedestrian bridge or subway shall be constructed across the | ||||||
15 | track
of any rail carrier without having first secured the | ||||||
16 | permission of the
Commission.
The Commission shall have the | ||||||
17 | right to
refuse its permission or to grant it upon such terms | ||||||
18 | and conditions as it may
prescribe.
The Commission shall have | ||||||
19 | power to determine and prescribe the
manner, including the | ||||||
20 | particular point of crossing, and the terms of
installation, | ||||||
21 | operation, maintenance, use and protection of each such | ||||||
22 | crossing.
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23 | The Commission shall also have power, after a hearing, to
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24 | require major alteration of or to abolish any crossing,
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25 | heretofore or hereafter established, when in its opinion, the
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26 | public safety requires such alteration or abolition, and,
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1 | except in cities, villages and incorporated towns of
1,000,000 | ||||||
2 | or more inhabitants, to vacate and close that part
of the | ||||||
3 | highway on such crossing altered or abolished and
cause | ||||||
4 | barricades to be erected across such highway in such
manner as | ||||||
5 | to prevent the use of such crossing as a highway,
when, in the | ||||||
6 | opinion of the Commission, the public
convenience served by the | ||||||
7 | crossing in question is not such as
to justify the further | ||||||
8 | retention thereof; or to require a
separation of grades, at | ||||||
9 | railroad-highway grade crossings; or to
require a
separation of | ||||||
10 | grades at any proposed crossing where a
proposed public highway | ||||||
11 | may cross the tracks of any rail
carrier or carriers; and to | ||||||
12 | prescribe, after a hearing of the parties,
the terms upon which | ||||||
13 | such separations shall be made and the
proportion in which the | ||||||
14 | expense of the alteration or
abolition of such crossings or the | ||||||
15 | separation of such grades, having regard
to the benefits, if | ||||||
16 | any, accruing to the rail carrier or any party in
interest,
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17 | shall be divided between the rail carrier or carriers affected, | ||||||
18 | or
between such carrier or carriers and the State, county, | ||||||
19 | municipality
or other public authority in interest.
However, a | ||||||
20 | public hearing by the Commission to abolish a crossing shall | ||||||
21 | not
be required
when the public highway authority in interest | ||||||
22 | vacates the highway. In such
instance
the rail carrier, | ||||||
23 | following notification to the Commission and the highway
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24 | authority, shall remove any grade crossing warning devices and | ||||||
25 | the grade
crossing surface.
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26 | The Commission shall also have power by its order to |
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1 | require
the reconstruction, minor alteration, minor relocation | ||||||
2 | or
improvement of any crossing (including the necessary highway
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3 | approaches thereto) of any railroad across any highway or
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4 | public road, pedestrian bridge, or pedestrian subway, whether | ||||||
5 | such crossing
be at grade
or by overhead
structure or by | ||||||
6 | subway, whenever the Commission finds after a
hearing or | ||||||
7 | without a hearing as otherwise provided in this
paragraph that | ||||||
8 | such reconstruction, alteration, relocation or
improvement is | ||||||
9 | necessary to preserve or promote the safety or
convenience of | ||||||
10 | the public or of the employees or passengers
of such rail | ||||||
11 | carrier or carriers. By its original order or
supplemental | ||||||
12 | orders in such case, the Commission may direct such
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13 | reconstruction, alteration, relocation, or improvement to be
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14 | made in such manner and upon such terms and conditions as may
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15 | be reasonable and necessary
and may apportion the cost of
such | ||||||
16 | reconstruction, alteration, relocation or improvement
and the | ||||||
17 | subsequent maintenance thereof, having regard to the benefits, | ||||||
18 | if
any, accruing
to the railroad or any party in interest,
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19 | between the rail
carrier or carriers and public utilities | ||||||
20 | affected, or between such
carrier or carriers and public | ||||||
21 | utilities and the State, county,
municipality or other public | ||||||
22 | authority in interest. The cost
to be so apportioned shall | ||||||
23 | include the cost of changes or
alterations in the equipment of | ||||||
24 | public utilities affected as
well as the cost of the | ||||||
25 | relocation, diversion or
establishment of any public highway, | ||||||
26 | made necessary by such
reconstruction, alteration, relocation |
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1 | or improvement of said
crossing. A hearing shall not be | ||||||
2 | required in those instances
when the Commission enters an order | ||||||
3 | confirming a written
stipulation in which the Commission, the | ||||||
4 | public highway
authority or other public authority in interest, | ||||||
5 | the rail carrier or
carriers
affected, and in
instances | ||||||
6 | involving the use of the Grade Crossing Protection
Fund, the | ||||||
7 | Illinois Department of Transportation, agree on the
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8 | reconstruction, alteration, relocation, or improvement and
the | ||||||
9 | subsequent maintenance thereof and the division of costs
of | ||||||
10 | such changes of any grade crossing (including the
necessary | ||||||
11 | highway approaches thereto) of any railroad across
any highway, | ||||||
12 | pedestrian bridge, or pedestrian subway.
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13 | Every rail carrier operating in the State of Illinois shall
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14 | construct and maintain every highway crossing over its tracks
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15 | within the State so that the roadway at the intersection
shall | ||||||
16 | be as flush with the rails as superelevated curves will
allow, | ||||||
17 | and, unless otherwise ordered by the Commission, shall
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18 | construct and maintain the approaches thereto at a grade of
not | ||||||
19 | more than 5% within the right of way for a distance of
not less | ||||||
20 | the 6 feet on each side of the centerline of such
tracks; | ||||||
21 | provided, that the grades at the approaches may be
maintained | ||||||
22 | in excess of 5% only when authorized by the
Commission.
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23 | Every rail carrier operating within this State shall remove
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24 | from its right of way at all railroad-highway grade crossings | ||||||
25 | within the
State, such brush, shrubbery, and trees as is | ||||||
26 | reasonably
practical for a distance of not less than 500 feet |
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1 | in either
direction from each grade crossing.
The Commission | ||||||
2 | shall have power, upon its own motion, or upon
complaint, and | ||||||
3 | after having made proper investigation, to
require the | ||||||
4 | installation of adequate and appropriate luminous
reflective | ||||||
5 | warning signs, luminous flashing
signals, crossing
gates | ||||||
6 | illuminated at night, or other protective devices
in
order to | ||||||
7 | promote and safeguard the health and safety of the
public.
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8 | Luminous flashing signal or crossing gate
devices installed at | ||||||
9 | grade crossings, which have been approved
by the Commission, | ||||||
10 | shall be deemed adequate and appropriate.
The Commission shall | ||||||
11 | have authority to determine the number,
type, and location of | ||||||
12 | such signs, signals, gates, or other
protective devices which, | ||||||
13 | however, shall conform as near as
may be with generally | ||||||
14 | recognized national standards, and the
Commission shall have | ||||||
15 | authority to prescribe the division of
the cost of the | ||||||
16 | installation and subsequent maintenance of
such signs, | ||||||
17 | signals, gates, or other protective
devices between the rail | ||||||
18 | carrier or carriers, the public highway
authority or other | ||||||
19 | public authority in
interest, and in instances involving the | ||||||
20 | use of the Grade
Crossing Protection Fund, the Illinois | ||||||
21 | Department of
Transportation.
Except where train crews provide | ||||||
22 | flagging of the crossing to road users, yield signs shall be | ||||||
23 | installed at all highway intersections with every grade | ||||||
24 | crossing in this State that is not equipped with automatic | ||||||
25 | warning devices, such as luminous flashing signals or crossing | ||||||
26 | gate devices. A stop sign may be used in lieu of the yield sign |
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1 | when an engineering study conducted in cooperation with the | ||||||
2 | highway authority and the Illinois Department of | ||||||
3 | Transportation has determined that a stop sign is warranted. If | ||||||
4 | the Commission has ordered the installation of luminous | ||||||
5 | flashing signal or
crossing gate devices at a grade crossing | ||||||
6 | not equipped with active warning devices, the Commission shall | ||||||
7 | order the
installation of temporary stop signs at the highway | ||||||
8 | intersection with the grade
crossing unless an engineering | ||||||
9 | study has determined that a stop sign is not appropriate. If a | ||||||
10 | stop sign is not appropriate, the Commission may order the | ||||||
11 | installation of other appropriate supplemental signing as | ||||||
12 | determined by an engineering study. The temporary signs shall | ||||||
13 | remain in place until the luminous
flashing signal or crossing | ||||||
14 | gate devices have been installed.
The rail carrier is | ||||||
15 | responsible for the installation and subsequent
maintenance of | ||||||
16 | any required signs.
The permanent signs shall be in place by | ||||||
17 | July 1, 2011.
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18 | No railroad may change or modify the warning device system | ||||||
19 | at a
railroad-highway grade crossing, including warning | ||||||
20 | systems interconnected with
highway traffic control signals, | ||||||
21 | without having first received the approval of
the Commission. | ||||||
22 | The Commission shall have the further power, upon application,
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23 | upon its own motion, or upon
complaint and after having made | ||||||
24 | proper investigation, to require
the interconnection of grade | ||||||
25 | crossing warning devices with traffic control
signals at | ||||||
26 | highway intersections located at or near railroad crossings |
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1 | within
the distances described by the State Manual on Uniform | ||||||
2 | Traffic Control Devices
adopted pursuant to Section 11-301 of | ||||||
3 | this Code. In addition, State and local
authorities may not | ||||||
4 | install, remove, modernize, or otherwise modify traffic
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5 | control signals at a highway intersection that is | ||||||
6 | interconnected or proposed to
be interconnected with grade | ||||||
7 | crossing warning devices when the change affects
the number, | ||||||
8 | type, or location of traffic control devices on the track | ||||||
9 | approach
leg or legs of the intersection or the timing of the | ||||||
10 | railroad preemption
sequence of operation until the Commission | ||||||
11 | has approved the installation,
removal, modernization, or | ||||||
12 | modification.
Commission approval shall be limited to | ||||||
13 | consideration of
issues directly affecting the public safety at | ||||||
14 | the railroad-highway grade
crossing. The electrical circuit | ||||||
15 | devices, alternate warning devices, and
preemption sequences | ||||||
16 | shall conform as nearly as possible, considering the
particular | ||||||
17 | characteristics of the crossing and
intersection area, to the | ||||||
18 | State manual adopted by the Illinois Department of
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19 | Transportation pursuant to Section 11-301 of this Code and such | ||||||
20 | federal
standards as are made applicable by subsection (2) of | ||||||
21 | this Section. In order
to carry out this authority, the | ||||||
22 | Commission shall have the authority to
determine the number, | ||||||
23 | type, and location of traffic control devices on the
track | ||||||
24 | approach leg or legs of the intersection and the timing of the | ||||||
25 | railroad
preemption sequence of operation.
The Commission | ||||||
26 | shall prescribe the division of costs for installation and
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1 | maintenance of all devices required by this paragraph between | ||||||
2 | the railroad or
railroads and the highway authority in interest | ||||||
3 | and in instances involving the
use of the Grade Crossing | ||||||
4 | Protection Fund or a State highway, the Illinois
Department of | ||||||
5 | Transportation.
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6 | Any person who unlawfully or maliciously removes, throws
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7 | down, damages or defaces any sign, signal, gate or other
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8 | protective device, located at or near any public grade
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9 | crossing, shall be guilty of a petty offense and fined not
less | ||||||
10 | than $50 nor more than $200 for each offense. In
addition to | ||||||
11 | fines levied under the provisions of this
Section a person | ||||||
12 | adjudged guilty hereunder may also be
directed to make | ||||||
13 | restitution for the costs of repair or
replacement, or both, | ||||||
14 | necessitated by his misconduct.
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15 | It is the public policy of the State of Illinois to enhance | ||||||
16 | public safety
by establishing safe grade crossings. In order to | ||||||
17 | implement this policy, the
Illinois Commerce Commission is | ||||||
18 | directed to conduct public hearings and to
adopt specific | ||||||
19 | criteria by July 1, 1994, that shall be adhered to by the
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20 | Illinois Commerce Commission in determining if a grade crossing | ||||||
21 | should be
opened or abolished. The following factors shall be | ||||||
22 | considered by the
Illinois Commerce Commission in developing | ||||||
23 | the specific criteria for opening
and abolishing grade | ||||||
24 | crossings:
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25 | (a) timetable speed of passenger trains;
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26 | (b) distance to an alternate crossing;
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1 | (c) accident history for the last 5 years;
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2 | (d) number of vehicular traffic and posted speed | ||||||
3 | limits;
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4 | (e) number of freight trains and their timetable | ||||||
5 | speeds;
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6 | (f) the type of warning device present at the grade | ||||||
7 | crossing;
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8 | (g) alignments of the roadway and railroad, and the | ||||||
9 | angle of intersection
of those alignments;
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10 | (h) use of the grade crossing by trucks carrying | ||||||
11 | hazardous materials,
vehicles carrying passengers for | ||||||
12 | hire, and school buses; and
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13 | (i) use of the grade crossing by emergency vehicles.
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14 | The Illinois Commerce Commission, upon petition to open or | ||||||
15 | abolish a grade
crossing, shall enter an order opening or | ||||||
16 | abolishing the crossing if it meets
the specific criteria | ||||||
17 | adopted by the Commission.
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18 | Except as otherwise provided in this subsection (3), in no | ||||||
19 | instance shall
a grade crossing be permanently closed
without | ||||||
20 | public hearing first being held and notice of such
hearing | ||||||
21 | being published in an area newspaper of local general
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22 | circulation.
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23 | (4) Freight Trains - Radio Communications.
The Commission | ||||||
24 | shall after hearing and order require that
every main line | ||||||
25 | railroad freight train operating on main
tracks outside of yard | ||||||
26 | limits within this State shall be
equipped with a radio |
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1 | communication system. The Commission
after notice and hearing | ||||||
2 | may grant exemptions from the
requirements of this Section as | ||||||
3 | to secondary and branch
lines.
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4 | (5) Railroad Bridges and Trestles - Walkway and Handrail.
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5 | In cases in which the Commission finds the same to be
practical | ||||||
6 | and necessary for safety of railroad employees,
bridges and | ||||||
7 | trestles, over and upon which railroad trains are
operated, | ||||||
8 | shall include as a part thereof, a safe and
suitable walkway | ||||||
9 | and handrail on one side only of such bridge
or trestle, and | ||||||
10 | such handrail shall be located at the outer
edge of the walkway | ||||||
11 | and shall provide a clearance of not less
than 8 feet, 6 | ||||||
12 | inches, from the center line of the nearest
track, measured at | ||||||
13 | right angles thereto.
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14 | (6) Packages Containing Articles for First Aid to Injured | ||||||
15 | on Trains.
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16 | (a) All rail carriers shall provide a first aid kit | ||||||
17 | that contains, at a minimum, those
articles prescribed by | ||||||
18 | the Commission, on each train or
engine, for first aid to | ||||||
19 | persons who may be injured in the
course of the operation | ||||||
20 | of such trains.
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21 | (b) A vehicle, excluding a taxi cab used in an | ||||||
22 | emergency situation, operated by a contract carrier | ||||||
23 | transporting railroad employees in the course of their | ||||||
24 | employment shall be equipped with a readily available first | ||||||
25 | aid kit that contains, as a minimum, the same articles that | ||||||
26 | are required on each train or engine. |
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1 | (7) Abandoned Bridges, Crossings, and Other Rail Plant.
The | ||||||
2 | Commission shall have authority, after notice and hearing, to | ||||||
3 | order:
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4 | (a) The removal of any abandoned railroad tracks from | ||||||
5 | roads,
streets or other thoroughfares in this State; and
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6 | (b) The removal of abandoned overhead railroad | ||||||
7 | structures
crossing highways, waterways, or railroads.
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8 | The Commission may equitably apportion the cost of such
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9 | actions between the rail carrier or carriers, public utilities, | ||||||
10 | and
the State, county, municipality, township, road district, | ||||||
11 | or
other public authority in interest.
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12 | (8) Railroad-Highway Bridge Clearance. A vertical | ||||||
13 | clearance of not less
than 23 feet
above the top of rail shall | ||||||
14 | be provided for all new or reconstructed highway
bridges | ||||||
15 | constructed over a railroad track. The Commission may permit a | ||||||
16 | lesser
clearance if it determines
that the 23 foot clearance | ||||||
17 | standard cannot be justified based on
engineering, | ||||||
18 | operational, and economic conditions.
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19 | (Source: P.A. 96-470, eff. 8-14-09; 97-374, eff. 1-1-12.)".
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