CHAPTER 1. GENERAL PROVISIONS
IC 8-8
ARTICLE 8. RAILROAD EQUIPMENT
IC 8-8-1
Chapter 1. General Provisions
IC 8-8-1-1
Power driving wheel brakes; connections
Sec. 1. It shall be unlawful for any common carrier engaged inmoving traffic by railroad between points within this state to use onits line any locomotive in moving such traffic not equipped withpower driving wheel brakes and appliances for operating the trainbrake system, or to run any train in such traffic that has notseventy-five (75) per cent of the cars in such train equipped withpower or train brakes, and having the brakes used and operated bythe engineer of the locomotive drawing such train, and all powerbrake cars in such train shall be associated together and have theirbrakes used and operated: Provided, That this section shall not applyto the handling of trains or cars in yard service, or to a local trainwhile engaged in performing switching service.
(Formerly: Acts 1907, c.118, s.1.)
IC 8-8-1-2
Automatic couplers
Sec. 2. It shall be unlawful for any such common carrier to haul,or permit to be hauled, or used, on its line, any locomotive, car,tender or similar vehicle used in moving state traffic not equippedwith couplers coupling automatically by impact, and which can beuncoupled without the necessity of persons going between the endsof the cars.
(Formerly: Acts 1907, c.118, s.2; Acts 1975, P.L.76, SEC.4.)
IC 8-8-1-3
Grab-irons or handholds
Sec. 3. It shall be unlawful for any such common carrier to haul,or permit to be hauled, or used, on its line, any locomotive, car,tender, or similar vehicle used in moving of state traffic not providedwith secure grab-irons or handholds in the sides or ends thereof.
(Formerly: Acts 1907, c.118, s.3.)
IC 8-8-1-4
Draw bars; standard height
Sec. 4. It shall be unlawful for any such common carrier to useany locomotive, tender, car or similar vehicle used in the movementof state traffic, that is not provided with draw bars of standard height;to wit, standard gauge cars thirty-four and one-half (34 1/2) inches;narrow gauge cars twenty-six (26) inches; measured perpendicularlyfrom the level of the tops of the rails to the centers of the draw bars;the maximum variation from such standard heights between drawbars of empty and loaded cars shall be three (3) inches.(Formerly: Acts 1907, c.118, s.4.)
IC 8-8-1-5
Application of law
Sec. 5. The provisions of sections 1, 2, and 4 of this chapter shallalso apply to locomotives, cars, and trains used in passenger trafficbetween points within this state, in so far as the same are applicableto the vehicles used in passenger train traffic; provided, that none ofthe provisions of sections 1, 2, 3, and 4 of this chapter shall apply toany street railroad, interurban, or suburban street railroad.
(Formerly: Acts 1907, c.118, s.5.) As amended by P.L.62-1984,SEC.104.
IC 8-8-1-6
Interurban railways; track motorcars; brakes; hand brakes
Sec. 6. It shall be unlawful for any common carrier in this stateoperating an interurban railway by electric power to operate or runupon any railroad in this state any motorcar used in regularinterurban passenger traffic which is not equipped with an approvedpower air brake, in good condition, and subject to the control, andoperation of the motorman in charge of such car, and of sufficientcapacity to control the speed of the car. It shall also be unlawful forany common carrier, operating a steam or electric railway, andengaged in moving traffic between points in this state, to operate orrun upon any railroad in this state any freight or passenger trainwhich is not equipped, as to, at least, as to a steam railroadseventy-five percent (75%), and as to an interurban street railroadfifty percent (50%) of the cars in said train, with an approved systemof hand brakes in addition to the power or train brakes required bysection 1 of this chapter, which hand brakes shall be kept at all timesin proper working condition and of sufficient capacity to control thespeed of such train. Provided, that the hand brakes upon everypassenger coach, both steam and electric, shall be so constructed thatthey can be operated in connection with the air or power brakes uponsuch coach; provided, however, that whenever such power air brakesbecome disabled from any cause while such car is in service on anysuch railroad, then, if such car is equipped with a hand brakesufficient therefor, it may complete its run; and, provided further,that this chapter shall not make it unlawful to run such disabled carto the most convenient repair shop upon the road upon which it isthen being operated; provided, that this chapter shall not apply to citystreet railway cars, or cars engaged in suburban traffic.
(Formerly: Acts 1907, c.118, s.6; Acts 1911, c.169, s.1.) As amendedby P.L.62-1984, SEC.105.
IC 8-8-1-7
Brakes; minimum percentage of cars in trains
Sec. 7. The Indiana department of transportation may, after fullhearing and for good cause shown, increase the minimum percentageof cars in any train required to be operated by power or train brakes.
A failure to comply with a requirement of the department is subjectto a like penalty as a failure to comply with any requirement of thischapter. The department may grant to any common carrier subject tothis chapter, upon full hearing and for good cause shown, areasonable extension of time in which to comply with this chapter.The extension or extensions may not exceed eighteen (18) months.
(Formerly: Acts 1907, c.118, s.7.) As amended by P.L.62-1984,SEC.106; P.L.384-1987(ss), SEC.70; P.L.18-1990, SEC.80.
IC 8-8-1-8
Improperly equipped cars; refusal to accept from connecting lines
Sec. 8. Any such common carrier may refuse to receive from itsconnecting lines, or from any shipper, any car not equipped inaccordance with the provisions of this chapter.
(Formerly: Acts 1907, c.118, s.8.) As amended by P.L.62-1984,SEC.107.
IC 8-8-1-9
Inspection
Sec. 9. The Indiana department of transportation shall enforce thischapter. The department may, with the consent and approval of thegovernor, appoint and pay an inspector, or inspectors, to assist in sodoing and in collecting the necessary information required for thatpurpose. The department may adopt rules, not inconsistent with thischapter, to control the conduct of its inspectors and such carriers inreference to this chapter and such inspection. All carriers subject tothis chapter shall provide free transportation in Indiana for theinspectors employed by the department, to be used only whiletraveling on the business of the department.
(Formerly: Acts 1907, c.118, s.9.) As amended by P.L.62-1984,SEC.108; P.L.384-1987(ss), SEC.71; P.L.18-1990, SEC.81.
IC 8-8-1-10
Violation; penalty; action to recover; exceptions
Sec. 10. Every common carrier, or the receiver thereof, using orpermitting to be used or hauled on its line a locomotive, tender, car,or similar vehicle or train in violation of the provisions of thischapter is liable to a penalty of one hundred dollars ($100) for eachviolation, to be recovered in a suit or suits to be brought by and in thename of the Indiana department of transportation in a circuit orsuperior court of this state having jurisdiction over the offendingcarrier. This chapter does not apply to locomotives, tenders, cars, ortrains exclusively used in the movement of logs when the height ofthe draw bars on the locomotives, tenders, and cars does not exceedtwenty-five (25) inches or to locomotives, tenders, cars, similarvehicles, or trains while any are in actual use in interstate commerce.
(Formerly: Acts 1907, c.118, s.10.) As amended by P.L.62-1984,SEC.109; P.L.384-1987(ss), SEC.72; P.L.18-1990, SEC.82.
IC 8-8-1-11 Bridges; vertical clearances
Sec. 11. (a) It is unlawful for a railroad carrier in Indiana thatoperates freight trains over its lines in the state to maintain over oracross its line in this state an overhead bridge, viaduct, or otherstructure, the lowest point of which is less than twenty-one (21) feetabove the level of the top of the rails in the track of the carrier,without obtaining the permission of the Indiana department oftransportation so to do.
(b) It is unlawful for a party, person, association, limited liabilitycompany, or municipal or private corporation to construct ormaintain, across the track of a steam railroad carrier an overheadbridge, viaduct, or other structure the lowest point of which is lessthan twenty-one (21) feet above the level of the top of the rails in thetrack without obtaining the permission of the Indiana department oftransportation to do so. This section does not apply to bridges orviaducts within the limits of a city or incorporated town in the state.This chapter does not modify the statutes concerning the location ofwires across railroads, street railroads, interurban, or suburbanrailroads. No new structure or new railway bridge shall be built inwhich the lowest point is less than twenty-two (22) feet above thelevel of the top of the rails in the track of the carrier, withoutobtaining permission of the Indiana department of transportation soto do.
(Formerly: Acts 1907, c.118, s.11; Acts 1911, c.123, s.1; Acts 1949,c.107, s.1; Acts 1951, c.23, s.1.) As amended by P.L.62-1984,SEC.110; P.L.384-1987(ss), SEC.73; P.L.18-1990, SEC.83;P.L.8-1993, SEC.141.
IC 8-8-1-12
Bridges and other structures; lateral clearance
Sec. 12. (a) It is unlawful for a railroad carrier in this stateengaged in operating a line of standard gauge railroad, or a person orpersons, association, municipal, or private corporation, to build ormaintain a structure or alter or rebuild a structure or railway bridgealong the line of the railroad in Indiana, in which that part of thestructure or bridge nearest to the track is less than seven (7) feet fromthe center of the track, without first obtaining permission of theIndiana department of transportation so to do.
(b) No new structure or new railway bridge shall be built in whichthat part of the structure or bridge nearest to the track is less thaneight (8) feet from the center of the track without first obtainingpermission from the Indiana department of transportation. However:
(1) the clearance referred to in this section does not apply tosignal fixtures governing train operations within interlockinglimits; and
(2) the term "structures" as used in this section does not includeparallel or adjacent tracks, railroad crossings, crossovers,turn-outs, or switches.
(Formerly: Acts 1907, c.118, s.12; Acts 1911, c.169, s.2; Acts 1949,c.45, s.1.) As amended by P.L.62-1984, SEC.111; P.L.384-1987(ss),
SEC.74; P.L.18-1990, SEC.84.
IC 8-8-1-13
Violation of IC 8-8-1-12; penalty
Sec. 13. A person who violates section 12 of this chapter, afterreceiving sixty (60) days notice from the Indiana department oftransportation that a provision of that section is being violated, issubject to a penalty of five hundred dollars ($500) for each violationto be recovered in an action to be brought by and in the name of thedepartment on behalf of the state in any circuit or superior courthaving jurisdiction.
(Formerly: Acts 1907, c.118, s.13; Acts 1911, c.169, s.3.) Asamended by Acts 1978, P.L.2, SEC.826; P.L.384-1987(ss), SEC.75;P.L.18-1990, SEC.85.
IC 8-8-1-14
Employees; death or personal injury; assumption of risk;contributory negligence
Sec. 14. Any employee of any such common carrier who may bekilled or injured by any locomotive, tender, car, similar vehicle, ortrain in use contrary to the provisions of this chapter, or who shall bekilled or injured on account of any of the structures forbidden insections 11 and 12 of this chapter, shall not be deemed thereby tohave assumed the risk thereby occasioned, although continuing in theemployment of such carrier after the unlawful use of suchlocomotive, tender, car, similar vehicle, or train, or the maintenanceof such unlawful structures named in sections 11 and 12 of thischapter had been brought to his knowledge, nor shall any suchemployee be held as having contributed to his injury in any casewhere the carrier shall have violated any of the provisions of thischapter when such violation contributed to the death or injury of anysuch employee.
(Formerly: Acts 1907, c.118, s.14.) As amended by P.L.62-1984,SEC.112.