CHAPTER 7.7. RAILROAD GRADE CROSSINGS FUND
IC 8-6-7.7
Chapter 7.7. Railroad Grade Crossings Fund
IC 8-6-7.7-1
"Grade crossing" defined
Sec. 1. The term "grade crossing" as used in this chapter means acrossing of any railroad and any public highway, street or roadway,at grade.
(Formerly: Acts 1973, P.L.66, SEC.1.)
IC 8-6-7.7-2
Automatic train-activated warning signal
Sec. 2. The Indiana department of transportation, in authorizingthe construction of any new grade crossing under IC 8-6-1-7 andsection 3.4 of this chapter, may order the installation of automatictrain-activated warning signals at the crossing. The department mayorder the installation, replacement, relocation, modernization, orimprovement of automatic train-activated warning signals at anygrade crossing in the state in existence at the time the departmentissues such an order. The authority of the department to require theinstallation of the signals is exclusive and supersedes the power ofany other state or local governmental agency.
(Formerly: Acts 1973, P.L.66, SEC.1.) As amended byP.L.384-1987(ss), SEC.65; P.L.18-1990, SEC.75; P.L.81-1996,SEC.4.
IC 8-6-7.7-3
Closing or abolishing grade crossing
Sec. 3. The Indiana department of transportation may order legallyclosed and abolished as a public way, within the limits of a railroadright-of-way, any grade crossing then in existence at the time thedepartment assumes jurisdiction of the matter:
(1) upon a finding that the enhancement of public safetyresulting from the closing will outweigh any inconveniencecaused by increased circuitry of highway routes; or
(2) based upon criteria specified in rules adopted by thedepartment under section 3.1 of this chapter.
The order by the department may be issued either in connection with,or independent of, an order relating to automatic train-activatedwarning signals. The authority of the department to legally close andabolish grade crossings is in addition to any authority by law grantedto other state agencies or to local units of government to close andabolish grade crossings. Upon the issuance of an order by thedepartment, the railroad or railroads involved shall physicallyremove the crossing from the tracks, and the governmental unitmaintaining the highway shall remove or barricade the approaches tothe crossing.
(Formerly: Acts 1973, P.L.66, SEC.1.) As amended byP.L.384-1987(ss), SEC.66; P.L.18-1990, SEC.76; P.L.81-1996,SEC.5.
IC 8-6-7.7-3.1
Duty of department to specify criteria; considerations in applyingcriteria
Sec. 3.1. (a) The Indiana department of transportation shall adoptrules under IC 4-22-2 specifying criteria for:
(1) the department to use in determining whether to open a newpublic railroad grade crossing; and
(2) the department or a unit (as defined in IC 36-1-2-23) to usein determining whether to abolish a public railroad gradecrossing.
(b) In applying criteria required by subsection (a) to determinewhether to open a new public railroad grade crossing, deny a publicgrade crossing closure, or abolish a public railroad grade crossing,the department or unit shall consider the following:
(1) Timetable speed of passenger trains operated through thecrossing.
(2) Distance to an alternate crossing.
(3) Accident history of the crossing for the five (5) yearspreceding the department's or the unit's consideration.
(4) Amount of vehicular traffic and posted speed limits for thecrossing.
(5) Amount of freight trains and their timetable speeds operatedthrough the crossing.
(6) Type of warning device present at the crossing, if any.
(7) Alignment of the roadway and the railroad, and the angle ofthe intersection of an alignment at the crossing.
(8) Use of the crossing by:
(A) trucks carrying hazardous materials;
(B) vehicles carrying passengers for hire;
(C) school buses; and
(D) emergency vehicles.
(9) Other appropriate criteria as determined by the department.
As added by P.L.81-1996, SEC.6.
IC 8-6-7.7-3.2
Petition for closure; public hearing; determination and findings byunit
Sec. 3.2. (a) A person may petition a unit (as defined inIC 36-1-2-23) under whose jurisdiction a public railroad crossing liesfor the closure of a public railroad crossing. The unit shall conducta public hearing on the petition.
(b) Except as provided in subsection (c), if the unit determinesthat the crossing meets the criteria adopted by the Indiana departmentof transportation under section 3.1 of this chapter for closing acrossing, the unit shall approve the petition described in subsection(a) and issue an order to close the crossing. The unit shall provide acopy of the unit's findings to the Indiana department oftransportation.
(c) If the unit determines that:
(1) the crossing meets the criteria for closure adopted by the
Indiana department of transportation under section 3.1 of thischapter; and
(2) a compelling reason has been shown to exist for the crossingto remain open;
the unit shall deny a petition to close the crossing. The unit shallprovide a copy of the unit's findings to the Indiana department oftransportation.
(d) If the unit determines that the crossing does not meet thecriteria for closure adopted by the Indiana department oftransportation and section 3.1 of this chapter, the unit may deny apetition to close the crossing.
(e) Notwithstanding subsections (a) through (d), a unit and arailroad may agree to close a crossing within the jurisdiction of theunit.
As added by P.L.81-1996, SEC.7.
IC 8-6-7.7-3.3
Appeal
Sec. 3.3. (a) If a unit denies a petition to close a crossing undersection 3.2(c) of this chapter, the Indiana department oftransportation may schedule an appeal on the denial of the petitionas set forth in this section. The decision to schedule or not schedulean appeal is:
(1) in the sole discretion of the department;
(2) final and conclusive; and
(3) not subject to review under IC 4-21.5.
(b) If the Indiana department of transportation after reviewing thefindings of the local unit on the petition determines:
(1) the crossing meets the criteria for closure, opening, or denialof a closure, adopted by the Indiana department oftransportation under section 3.1 of this chapter; and
(2) that a compelling reason has been shown for the crossing toremain open;
the Indiana department of transportation shall issue written findingsthat the crossing may remain open.
(c) If the Indiana department of transportation after reviewing thefindings of the local unit on the petition determines:
(1) the crossing meets the criteria for closure adopted by theIndiana department of transportation under section 3.1 of thischapter; and
(2) that a compelling reason has not been shown for thecrossing to remain open;
the Indiana department of transportation shall issue an orderabolishing the crossing under section 3 of this chapter.
As added by P.L.81-1996, SEC.8.
IC 8-6-7.7-3.4
Order approving petition to open crossing
Sec. 3.4. If the Indiana department of transportation, uponreceiving a petition to open a crossing, finds: (1) that the proposed crossing meets the criteria required toopen a new grade crossing adopted by the department undersection 3.1 of this chapter; or
(2) that a compelling reason has been shown for the crossing toexist;
the department shall issue an order approving the petition.
As added by P.L.81-1996, SEC.9.
IC 8-6-7.7-4
Warning signals; costs; installation; time; civil penalties
Sec. 4. (a) The Indiana department of transportation, whenever itorders the construction, installation, replacement, relocation,modernization, or improvement of automatic train-activated warningsignals, may prescribe the division of the costs of the equipment, theinstallation of the equipment, the construction, and the operation andmaintenance of the equipment between the railroad and the public.The share of the costs allocated to the public shall be paid with fundsappropriated to the department for such purpose. In allotting thecosts, IC 8-23-5-2 applies except as provided in subsections (b)through (c).
(b) Whenever a grade crossing not protected by automaticwarning signals is ordered so protected, the department shallprescribe the division of the cost of the equipment, its installation, itsoperation and maintenance, and its construction between the railroadinvolved and the public, giving due regard to the net benefitsreceived by the parties, and the causes creating the need for signalsat the crossing.
(c) The physical work of constructing, installing, replacing,relocating, modernizing, or improving, and thereafter operating andmaintaining automatic warning signals under order of the departmentshall be performed by the railroad involved. All orders of thedepartment relating to the signals shall provide for allocation amongthe parties involved for the extraordinary costs of signal repair orreplacement if they are damaged or destroyed by accident or externalcauses.
(d) When the department orders the railroad to proceed with theconstruction, installation, relocation, modernization, or replacementof automatic signals at a grade crossing, the department shall orderthe railroad involved to complete the construction, installation,relocation, modernization, or replacement of signals not later thantwelve (12) months after the date of the order.
(e) A railroad may request the department for additional time tocomplete the construction, installation, relocation, modernization, orreplacement of signals specified in the department's order undersubsection (d). The railroad shall submit the request for additionaltime in writing to the department. The request shall specifically setforth the basis for the railroad's need for additional time to completethe work. The department's decision to grant or deny a request foradditional time is not subject to review under IC 4-21.5.
(f) If the railroad fails to complete the construction, installation,
relocation, modernization, or replacement of signals by the datespecified:
(1) in the department's order under subsection (d); or
(2) by the department if a request for additional time is grantedby the department under subsection (e);
the department may assess a civil penalty against the railroad of notmore than one thousand dollars ($1000) for each day theconstruction, installation, relocation, modernization, or replacementof signals is late.
(g) All civil penalties collected under this section shall bedeposited with the treasurer of state to be deposited by the treasurerof state in the railroad grade crossing fund created underIC 8-6-7.7-6.1.
(Formerly: Acts 1973, P.L.66, SEC.1.) As amended byP.L.384-1987(ss), SEC.67; P.L.18-1990, SEC.77; P.L.87-1997,SEC.3.
IC 8-6-7.7-5
Orders and procedures of department; federal funds; contracts forwork
Sec. 5. (a) Orders of the Indiana department of transportationrelating to automatic train-activated warning signals and to theclosing of grade crossings may be issued:
(1) on the department's own initiative;
(2) upon petition of a governing body or authorized officialadministering a public highway or street; or
(3) upon petition of a person or entity operating a railroad.
All procedures shall be prescribed by rules established by thedepartment, which must give regard to the requirements of notice andopportunity to be heard.
(b) Whenever any grade crossing is under consideration by thedepartment for the installation of automatic warning signals, thedepartment shall, in cooperation with other governmental agenciesof the state, determine if the installation of signals can be made withthe use of federal aid funds. If funds are available, the department'sorder may provide for the use of the funds and for all necessarycompliance with applicable federal statutes and regulations.
(c) The authority vested in the department to order theinstallation, replacement, relocation, modernization, or improvementof automatic warning signals and the closing of grade crossings doesnot preclude the signal work or closing being performed by contractbetween a railroad and the governmental agency controlling thepublic way. If a mutually agreed upon contract for action has beenmade, no petition to the department is required, and if a contract isagreed upon after the department has assumed jurisdiction, thedepartment may dismiss the proceeding upon the motion of a party.
(d) For the purpose of expediting railroad grade crossingprotection projects that require the obligation of local funds tosupplement federal aid funds available for railroad grade crossingprotection, the department may make loans or grants to local units
from the railroad grade crossing fund created under section 6.1 ofthis chapter to provide the money necessary to supplement thosefederal aid funds. The loans or grants shall be made under terms andconditions established by the department under rules adopted underIC 4-22-2. A local unit may contract with a railroad concerningpayment of the money necessary to supplement federal aid fundsupon terms and conditions as they may agree.
(Formerly: Acts 1973, P.L.66, SEC.1.) As amended by P.L.97-1985,SEC.1; P.L.384-1987(ss), SEC.68; P.L.18-1990, SEC.78.
IC 8-6-7.7-6
Repealed
(Repealed by Acts 1979, P.L.88, SEC.2.)
IC 8-6-7.7-6.1
Railroad grade crossing fund
Sec. 6.1. (a) The railroad grade crossing fund is created.
(b) The railroad grade crossing fund may be used by the Indianadepartment of transportation for the following purposes:
(1) To carry out the provisions of this chapter.
(2) For passive railroad crossing safety improvement projectsby a unit of government, including:
(i) illumination;
(ii) pavement markings;
(iii) median barriers;
(iv) signage; and
(v) other safety improvement measures.
(3) For passive railroad crossing safety projects submitted byrailroad companies, including:
(i) illumination;
(ii) sight obstruction removal;
(iii) signage;
(iv) reflectorized taping; and
(v) other safety improvement measures.
(c) Notwithstanding subsection (b), an entity undertaking apassive railroad crossing safety project under this section shall paythe cost of acquiring any easements required by the passive railroadcrossing safety project and shall be responsible for the maintenanceand operation of the completed project.
(d) The balance of money in the railroad grade crossing fund doesnot revert to the state general fund at the close of any fiscal year butremains available to the Indiana department of transportation.
As added by Acts 1979, P.L.88, SEC.1. Amended byP.L.384-1987(ss), SEC.69; P.L.18-1990, SEC.79; P.L.82-1996,SEC.1; P.L.121-2001, SEC.2.
IC 8-6-7.7-7
Repealed
(Repealed by Acts 1981, P.L.41, SEC.75.)