92 Ill. Adm. Code 1536.40
Criteria for Crossing Opening
Section 1536
Section 1536.40 Criteria for
Crossing Opening
a) When a petition is filed to extend a public road, highway or
street across a track at grade the Commission shall determine if the following
criteria are satisfied:
1) there is presently inadequate or no vehicular access to the
area to be served by the crossing;
2) alternate vehicular access cannot be provided at a cost equal
to or less than the cost of establishing the crossing;
3) the crossing would not meet the Commission's criteria for
closure specified in Section 1536.20 of this Part;
4) the crossing's average daily traffic (ADT) would be at least
1,000 vehicles per day within 3 years after the crossing was established;
5) the crossing's location does not interfere with the railroad's
operational activities such as switching and usage of a passing track(s) which
would result in substantial delay of, or hazard to, motor vehicles; and
6) the crossing does not pose risks to train crews or motorists
beyond those normally associated with at-grade crossings.
b) The Commission shall order the construction of a new at-grade
crossing if all of the criteria set forth in subsection (a) above are satisfied
or if, under the provisions of Section 18c-7401 of the Illinois Commercial
Transportation Law [625 ILCS 5/18c-7401] (ICTL), the Commission finds, based on
the totality of evidence presented, public convenience and necessity requires
the opening.
c) Notwithstanding the provisions of subsection (b) above, the
Commission may order the construction of a grade separation if evidence of
record supports such a finding.
d) The Commission shall allocate the cost associated with the
construction of a new at-grade crossing or grade separation required by
subsection (a), (b) or (c) above among the highway agency(s), IDOT, and the
Grade Crossing Protection Fund. The Commission may also allocate costs to the
railroad when evidence of record supports such allocation.