Eastern Railroad Discussion > Illinois Train Length/Trespassing Bills

https://trn.trains.com/news/news-wire/2021/02/22-illinois-lawmakers-advance-bills-on-train-length-trespassing-prevention

The legislators are proposing an 8,500 ft maximum train length.  Federal preemption will kill it, but the subject gets some press.

They're also looking at trespassing laws.

Neil

When I was a project manager for Metro-North for the renovation of Port Jarvis Yard, I asked our General Consular what type of fence would be required. He said do not put up any fences. When a trespassers cuts a hole in the fence,and gets hurt, we will lose in court as we did not repair the fence.
That was OK with me. We saved ten's of thousands of $. Thus the project came in under budget and on time.

It was so good when Illinois legislators were out of session due to covid. Now they are back and want to micromanage everything.
Similar with the governor and covid.  The mayor of Chicago is in the game too.  She is opening the lakefront now in the middle of winter.
People had to leave Chicago to go to the beach.
Eating in goes from 25 pct to 40 pct capacity.   There is science in 40 pct and not 50 pct.

Illinois legislators get a good salary. benefits plus what ever they can get on the side.

Bob Jordan



Edited 1 time(s). Last edit at 02/22/21 13:09 by robj.

I can't wait for the Illinois State Police to try and stop UP and CN trains to measure them.

DevalDragon Wrote:
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> I can't wait for the Illinois State Police to try
> and stop UP and CN trains to measure them.

Well, there is shrinkage in cold weather...

u34ch Wrote:
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> When I was a project manager for Metro-North for
> the renovation of Port Jarvis Yard, I asked our
> General Consular what type of fence would be
> required. He said do not put up any fences. When a
> trespassers cuts a hole in the fence,and gets
> hurt, we will lose in court as we did not repair
> the fence.


Same logic was used in not fencing along BN[SF] when the 1992-2005 projects to support the Cascades were built.

TAW

PSR doesn't bother me, but when every RR does it laws will be passed.

the federal Gov't requires fencing i thought on transit projects

Train length bill co-sponsor, the Honorable Ms. Kelly Burke (D-Evergreen Park) has two,
2 MT main lines running through her town -  both CSXT.

Crossings on both lines are at the most one mile apart and quite often only one half mile
apart.  The problem is verrry slow moving or stopped trains, not train length.

If I recall correctly the closest place a westbound 8500' train on the old GTW can stop and not block any
crossings is somewhere east of Thornton Jct.



Edited 1 time(s). Last edit at 02/23/21 05:18 by Englewood.

Similar legal "logic" applies in Ohio regarding snow; if you clean the snow and ice off your property and someone slips, you're at fault. Doesn't matter that it's cold and snowy/icy out and normal people are expected to take reasonable precautions, it's still the fault of the property owner.

Conversely, if you don't clean your property and someone slips, it's their fault for not exercising due caution.

You can't win. Like the man said, people who like either law or sausage should not watch either one being made.

wa8pyr Wrote:
-------------------------------------------------------
> Similar legal "logic" applies in Ohio regarding
> snow; if you clean the snow and ice off your
> property and someone slips, you're at fault.
> Doesn't matter that it's cold and snowy/icy out
> and normal people are expected to take reasonable
> precautions, it's still the fault of the property
> owner.
>
> Conversely, if you don't clean your property and
> someone slips, it's their fault for not exercising
> due caution.
>
> You can't win. Like the man said, people who like
> either law or sausage should not watch either one
> being made.

In NJ, if a property owner fails to clear snow in a reasonable time (usually set in law) and somebody slips, the property owner can be sued.  And will likely lose.  If they clear snow, and take reasonable care (sand or salt, etc)  and a person slips, it will be a difficult case for the slipping person to win.  You have to prove the property owner failed to use reasonable care.

---------------------------------

Back on topic, what's in the trespassing statute proposal?

Lackawanna484 Wrote:
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> Back on topic, what's in the trespassing statute proposal?

https://legiscan.com/IL/bill/HB0813/2021

"Amends the Motor Fuel Tax Law. Provides that the funds transferred each month to the Grade Crossing Protection Fund may go to the maintenance of safety treatments to deter trespassing. Deletes language providing that the Illinois Commerce Commission shall not order more than $2,000,000 per year in Grade Crossing Protection Fund moneys for pedestrian walkways. Amends the Illinois Vehicle Code. Allows the Illinois Commerce Commission, after a hearing or by stipulated agreement, to authorize and order the terms of installation, operation, maintenance, and use of safety treatments requested by a public authority or rail carrier to deter trespassing on railroad property at a place other than a public crossing. Provides that the trespassing location shall be within 1,000 feet of a public crossing or at a hotspot location as identified by the Federal Railroad Administration and confirmed by the unit of local government, railroad, and Illinois Commerce Commission via diagnostic review."

Thanks!

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