CHAPTER 7.6. UNOBSTRUCTED VIEW AT CROSSINGS

IC 8-6-7.6
    Chapter 7.6. Unobstructed View at Crossings

IC 8-6-7.6-1
Distance of unobstructed view; exemptions
    Sec. 1. (a) Except as provided in subsection (b) or in a ruleadopted by the Indiana department of transportation, each railroad inthe State of Indiana shall maintain each public crossing under itscontrol in such a manner that the operator of any licensed motorvehicle has an unobstructed view for fifteen hundred (1500) feet inboth directions along the railroad right-of-way subject only to terrainelevations or depressions, track curvature, or permanentimprovements. However, the Indiana department of transportationmay adopt rules under IC 4-22-2 to adjust the distance of theunobstructed view requirement under this subsection based onvariances in train speeds, number of tracks, angles of highway andrail crossing intersections, elevations, and other factors consistentwith accepted engineering practices.
    (b) A public crossing equipped with a train activated crossing gateis exempt from the requirements of subsection (a), if the railroadmaintains an unobstructed view for at least two hundred fifty (250)feet in both directions along the railroad right-of-way.
(Formerly: Acts 1972, P.L.64, SEC.1.) As amended by P.L.103-2001,SEC.1.

IC 8-6-7.6-2
Violations; penalty; action to recover; venue
    Sec. 2. A railroad that violates the provisions of this chapter shallbe held liable therefor to the State of Indiana in a penalty of onehundred dollars ($100) a day for each day the violation continuessubject to a maximum fine of five thousand dollars ($5,000), to berecovered in a civil action at the suit of said state, in the circuit orsuperior court of any county wherein such crossing may be located.
(Formerly: Acts 1972, P.L.64, SEC.1.) As amended by P.L.103-2001,SEC.2.