CHAPTER 4. SIGNALS AT RAILROAD GRADE CROSSINGS
IC 8-6-4
Chapter 4. Signals at Railroad Grade Crossings
IC 8-6-4-1
Bell and whistle required equipment; duty to sound; signs invicinity of crossings
Sec. 1. (a) A railroad company operating in this state shall equipevery locomotive engine with a whistle and a bell, maintained ingood working order, such as are used by other railroad companies.Except when approaching a crossing to which an ordinance adoptedunder subsection (d) applies, the engineer or other person in chargeof or operating an engine upon the line of a railroad shall, when theengine approaches the crossing of a turnpike, public highway, orstreet in this state:
(1) sound the whistle on the engine distinctly not less than four(4) times, which sounding shall be prolonged or repeated untilthe crossing is reached; and
(2) ring the bell attached to the engine continuously from thetime of sounding the whistle until the engine has fully passedthe crossing.
(b) A railroad company shall erect a sign that is:
(1) not more than one-fourth (1/4) mile in advance of a crossingor multiple consecutive crossings; and
(2) visible from an approaching train;
to notify the engineer or other person in charge of or operating anengine to sound the engine's whistle in accordance with federal law.The railroad company shall maintain the sign in good repair orreplace the sign. However, this subsection does not apply to acrossing to which an ordinance adopted under subsection (d) applies.The locomotive engineer or other person in charge of the train shallnotify, in writing, the appropriate maintenance of way supervisor ofthe railroad of any missing or damaged whistle post, and the railroadshall, within thirty (30) days after the maintenance of way supervisoris notified under this subsection, repair or replace the missing ordamaged whistle post.
(c) It is unlawful for an engineer or other person in charge of alocomotive to move the locomotive, or allow it to be moved, over oracross a turnpike, public highway, or street crossing if the whistleand bell are not in good working order. It is unlawful for a railroadcompany to order or permit a locomotive to be moved over or acrossa turnpike, public highway, or street crossing if the whistle and bellare not in good working order. When a whistle or bell is not in goodworking order, the locomotive must stop before each crossing andproceed only after manual protection is provided at the crossing bya member of the crew unless manual protection is known to beprovided.
(d) A city, town, or county may adopt an ordinance to regulate thesounding of a whistle or the ringing of a bell under subsection (a) inthe city, the town, or the county. However, an ordinance may notprohibit the sounding of a whistle or the ringing of a bell at a
crossing that does not have an automatic train activated warningsignal as set forth in IC 8-6-7.7-2. An ordinance adopted after June30, 2003, that prohibits the sounding of a whistle or the ringing of abell at a crossing must require that signs be posted at the crossing towarn the public that trains do not sound whistles or ring bells at thatcrossing. Before an ordinance adopted under this subsection goesinto effect, the city, town, or county must receive the writtenpermission of the department to regulate the sounding or the ringing.The department shall grant permission only if the departmentdetermines, based upon a study conducted by the department, that theordinance, as applied to the rail corridor identified in the ordinance,increases the overall safety of the corridor for the public.Notwithstanding anything to the contrary in this subsection, thedepartment shall grant permission to a city or a town to regulate thesounding of a whistle or the ringing of a bell if the city or town hadan ordinance regulating the sounding of a whistle or the ringing of abell that was approved and in effect on January 1, 1991, if the city ortown amended or repealed the ordinance, and if the city or townadopts a subsequent ordinance on the same subject. In making itsdetermination during the course of the study, the department shallconsider:
(1) school bus routes;
(2) emergency service routes;
(3) hazardous materials routes;
(4) pedestrian traffic;
(5) trespassers;
(6) recreational facilities;
(7) trails; and
(8) measures to increase safety in the corridor, including:
(A) four (4) quadrant gates;
(B) median barriers;
(C) crossing closures;
(D) law enforcement programs; and
(E) public education.
The study by the department required under this subsection must becompleted not later than one hundred twenty (120) days after thedepartment receives notice of the passage of the ordinance from thecity, town, or county.
(e) Notwithstanding a contrary provision in an ordinance adoptedunder subsection (d), an engineer or other person who is operating anengine shall sound the engine's whistle if, in the determination of theengineer or other person who is operating the engine, an apparentemergency exists.
(f) A railroad company and the employees of the railroadcompany are immune from criminal or civil liability for injury orproperty damage that results from an accident that occurs at acrossing to which an ordinance described in subsection (d) applies ifthe injury or property damage was proximately caused solely by therailroad company and the employees failing to sound a whistle.
(g) The Indiana department of transportation shall review crossing
safety at each crossing to which an ordinance adopted undersubsection (d) applies not less than one (1) time in a five (5) yearperiod.
(h) The Indiana department of transportation may not revoke thepermission granted under subsection (d) for an ordinance.
(i) The Indiana department of transportation may create pilotrailroad crossing safety projects to improve railroad crossing safety.
(Formerly: Acts 1879(ss), c.77, s.1; Acts 1881(ss), c.85, s.1; Acts1943, c.208, s.1; Acts 1972, P.L.63, SEC.1.) As amended byP.L.62-1984, SEC.100; P.L.384-1987(ss), SEC.63; P.L.18-1990,SEC.73; P.L.59-1992, SEC.1; P.L.101-1993, SEC.1; P.L.199-1999,SEC.1; P.L.137-2003, SEC.1; P.L.182-2009(ss), SEC.507.
IC 8-6-4-2
Violations; penalties; damages for personal injuries or propertydamage
Sec. 2. (a) Every engineer or other person in charge of oroperating an engine, who shall fail or neglect to comply with theprovisions of section 1 of this chapter, shall be held personally liableto the state, in a penalty of not less than ten dollars ($10.00) nor morethan fifty dollars ($50.00), to be recovered in a civil action broughtby the state in the circuit or superior court of any county where thecrossing is located.
(b) A railroad company that violates section 1(c) of this chaptershall be held liable therefor to the state for a penalty of not less thantwo hundred fifty dollars ($250) nor more than five thousand dollars($5,000), to be recovered in a civil action brought by the state in thecircuit or superior court of any county where the crossing is located.The railroad company in whose employ such engineer or person maybe, as well as the engineer or person in charge of or operating theengine, shall be liable in damages to any person, or the person'srepresentatives, who may be injured in property or person, or to anycorporation that may be injured in property, by the neglect or failureof said engineer or other person as aforesaid.
(c) A railroad company that violates section 1(b) of this chaptermay be held liable to the state for a penalty of not less than twohundred fifty dollars ($250) or more than one thousand dollars($1,000), to be recovered in a civil action brought by the state in thecircuit or superior court of any county where the crossing is located.
(Formerly: Acts 1879(ss), c.77, s.2; Acts 1972, P.L.63, SEC.2.) Asamended by P.L.1-2009, SEC.69; P.L.182-2009(ss), SEC.508.
IC 8-6-4-3
Actions to recover penalties; venue
Sec. 3. All actions for the recovery of the penalties prescribed insection 2 of this chapter shall be prosecuted in the name of the stateby the prosecuting attorney of any county where the failure orneglect occurs.
(Formerly: Acts 1879(ss), c.77, s.3.) As amended by P.L.62-1984,SEC.101; P.L.192-1986, SEC.7.
IC 8-6-4-4
Repealed
(Repealed by Acts 1972, P.L.63, SEC.3.)
IC 8-6-4-5
Fines and penalties; disposition
Sec. 5. All fines and penalties collected under the provisions ofthis chapter shall be appropriated to the benefit of the commonschool fund of the state, and the clerk of the court wherein such finesand penalties may be assessed and recovered shall, upon receiptthereof, pay the same over to the treasurer of said county, for thepurpose aforesaid.
(Formerly: Acts 1879(ss), c.77, s.5.) As amended by P.L.62-1984,SEC.102.