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 a
crossing 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 authorizing
the construction of any new grade crossing under IC 8-6-1-7 and
section 3.4 of this chapter, may order the installation of automatic
train-activated warning signals at the crossing. The department may
order the installation, replacement, relocation, modernization, or
improvement of automatic train-activated warning signals at any
grade crossing in the state in existence at the time the department
issues such an order. The authority of the department to require the
installation of the signals is exclusive and supersedes the power of
any other state or local governmental agency. (Formerly: Acts 1973, P.L.66, SEC.1.) As amended by
P.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 legally
closed and abolished as a public way, within the limits of a railroad
right-of-way, any grade crossing then in existence at the time the
department assumes jurisdiction of the matter:
(1) upon a finding that the enhancement of public safety
resulting from the closing will outweigh any inconvenience
caused by increased circuitry of highway routes; or
(2) based upon criteria specified in rules adopted by the
department 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-activated
warning signals. The authority of the department to legally close and
abolish grade crossings is in addition to any authority by law granted
to other state agencies or to local units of government to close and
abolish grade crossings. Upon the issuance of an order by the
department, the railroad or railroads involved shall physically
remove the crossing from the tracks, and the governmental unit
maintaining the highway shall remove or barricade the approaches to
the crossing. (Formerly: Acts 1973, P.L.66, SEC.1.) As amended by
P.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 applying
criteria
Sec. 3.1. (a) The Indiana department of transportation shall adopt
rules under IC 4-22-2 specifying criteria for:
(1) the department to use in determining whether to open a new
public railroad grade crossing; and
(2) the department or a unit (as defined in IC 36-1-2-23) to use
in determining whether to abolish a public railroad grade
crossing.
(b) In applying criteria required by subsection (a) to determine
whether to open a new public railroad grade crossing, deny a public
grade 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 the
crossing.
(2) Distance to an alternate crossing.
(3) Accident history of the crossing for the five (5) years
preceding the department's or the unit's consideration.
(4) Amount of vehicular traffic and posted speed limits for the
crossing.
(5) Amount of freight trains and their timetable speeds operated
through the crossing.
(6) Type of warning device present at the crossing, if any.
(7) Alignment of the roadway and the railroad, and the angle of
the 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 by
unit
Sec. 3.2. (a) A person may petition a unit (as defined in
IC 36-1-2-23) under whose jurisdiction a public railroad crossing lies
for the closure of a public railroad crossing. The unit shall conduct
a public hearing on the petition.
(b) Except as provided in subsection (c), if the unit determines
that the crossing meets the criteria adopted by the Indiana department
of transportation under section 3.1 of this chapter for closing a
crossing, the unit shall approve the petition described in subsection
(a) and issue an order to close the crossing. The unit shall provide a
copy of the unit's findings to the Indiana department of
transportation.
(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 this
chapter; and
(2) a compelling reason has been shown to exist for the crossing
to remain open;
the unit shall deny a petition to close the crossing. The unit shall
provide a copy of the unit's findings to the Indiana department of
transportation.
(d) If the unit determines that the crossing does not meet the
criteria for closure adopted by the Indiana department of
transportation and section 3.1 of this chapter, the unit may deny a
petition to close the crossing.
(e) Notwithstanding subsections (a) through (d), a unit and a
railroad may agree to close a crossing within the jurisdiction of the
unit. 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 under
section 3.2(c) of this chapter, the Indiana department of
transportation may schedule an appeal on the denial of the petition
as set forth in this section. The decision to schedule or not schedule
an 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 the
findings of the local unit on the petition determines:
(1) the crossing meets the criteria for closure, opening, or denial
of a closure, adopted by the Indiana department of
transportation under section 3.1 of this chapter; and
(2) that a compelling reason has been shown for the crossing to
remain open;
the Indiana department of transportation shall issue written findings
that the crossing may remain open.
(c) If the Indiana department of transportation after reviewing the
findings of the local unit on the petition determines:
(1) the crossing meets the criteria for closure adopted by the
Indiana department of transportation under section 3.1 of this
chapter; and
(2) that a compelling reason has not been shown for the
crossing to remain open;
the Indiana department of transportation shall issue an order
abolishing 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, upon
receiving a petition to open a crossing, finds:
(1) that the proposed crossing meets the criteria required to
open a new grade crossing adopted by the department under
section 3.1 of this chapter; or
(2) that a compelling reason has been shown for the crossing to
exist;
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 it
orders the construction, installation, replacement, relocation,
modernization, or improvement of automatic train-activated warning
signals, may prescribe the division of the costs of the equipment, the
installation of the equipment, the construction, and the operation and
maintenance of the equipment between the railroad and the public.
The share of the costs allocated to the public shall be paid with funds
appropriated to the department for such purpose. In allotting the
costs, IC 8-23-5-2 applies except as provided in subsections (b)
through (c).
(b) Whenever a grade crossing not protected by automatic
warning signals is ordered so protected, the department shall
prescribe the division of the cost of the equipment, its installation, its
operation and maintenance, and its construction between the railroad
involved and the public, giving due regard to the net benefits
received by the parties, and the causes creating the need for signals
at the crossing.
(c) The physical work of constructing, installing, replacing,
relocating, modernizing, or improving, and thereafter operating and
maintaining automatic warning signals under order of the department
shall be performed by the railroad involved. All orders of the
department relating to the signals shall provide for allocation among
the parties involved for the extraordinary costs of signal repair or
replacement if they are damaged or destroyed by accident or external
causes.
(d) When the department orders the railroad to proceed with the
construction, installation, relocation, modernization, or replacement
of automatic signals at a grade crossing, the department shall order
the railroad involved to complete the construction, installation,
relocation, modernization, or replacement of signals not later than
twelve (12) months after the date of the order.
(e) A railroad may request the department for additional time to
complete the construction, installation, relocation, modernization, or
replacement of signals specified in the department's order under
subsection (d). The railroad shall submit the request for additional
time in writing to the department. The request shall specifically set
forth the basis for the railroad's need for additional time to complete
the work. The department's decision to grant or deny a request for
additional 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 date
specified:
(1) in the department's order under subsection (d); or
(2) by the department if a request for additional time is granted
by the department under subsection (e);
the department may assess a civil penalty against the railroad of not
more than one thousand dollars ($1000) for each day the
construction, installation, relocation, modernization, or replacement
of signals is late.
(g) All civil penalties collected under this section shall be
deposited with the treasurer of state to be deposited by the treasurer
of state in the railroad grade crossing fund created under
IC 8-6-7.7-6.1. (Formerly: Acts 1973, P.L.66, SEC.1.) As amended by
P.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 for
work
Sec. 5. (a) Orders of the Indiana department of transportation
relating to automatic train-activated warning signals and to the
closing of grade crossings may be issued:
(1) on the department's own initiative;
(2) upon petition of a governing body or authorized official
administering 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 the
department, which must give regard to the requirements of notice and
opportunity to be heard.
(b) Whenever any grade crossing is under consideration by the
department for the installation of automatic warning signals, the
department shall, in cooperation with other governmental agencies
of the state, determine if the installation of signals can be made with
the use of federal aid funds. If funds are available, the department's
order may provide for the use of the funds and for all necessary
compliance with applicable federal statutes and regulations.
(c) The authority vested in the department to order the
installation, replacement, relocation, modernization, or improvement
of automatic warning signals and the closing of grade crossings does
not preclude the signal work or closing being performed by contract
between a railroad and the governmental agency controlling the
public way. If a mutually agreed upon contract for action has been
made, no petition to the department is required, and if a contract is
agreed upon after the department has assumed jurisdiction, the
department may dismiss the proceeding upon the motion of a party.
(d) For the purpose of expediting railroad grade crossing
protection projects that require the obligation of local funds to
supplement federal aid funds available for railroad grade crossing
protection, the department may make loans or grants to local units
from the railroad grade crossing fund created under section 6.1 of
this chapter to provide the money necessary to supplement those
federal aid funds. The loans or grants shall be made under terms and
conditions established by the department under rules adopted under
IC 4-22-2. A local unit may contract with a railroad concerning
payment of the money necessary to supplement federal aid funds
upon 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 Indiana
department of transportation for the following purposes:
(1) To carry out the provisions of this chapter.
(2) For passive railroad crossing safety improvement projects
by 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 by
railroad 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 a
passive railroad crossing safety project under this section shall pay
the cost of acquiring any easements required by the passive railroad
crossing safety project and shall be responsible for the maintenance
and operation of the completed project.
(d) The balance of money in the railroad grade crossing fund does
not revert to the state general fund at the close of any fiscal year but
remains available to the Indiana department of transportation. As added by Acts 1979, P.L.88, SEC.1. Amended by
P.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.)
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 a
crossing 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 authorizing
the construction of any new grade crossing under IC 8-6-1-7 and
section 3.4 of this chapter, may order the installation of automatic
train-activated warning signals at the crossing. The department may
order the installation, replacement, relocation, modernization, or
improvement of automatic train-activated warning signals at any
grade crossing in the state in existence at the time the department
issues such an order. The authority of the department to require the
installation of the signals is exclusive and supersedes the power of
any other state or local governmental agency. (Formerly: Acts 1973, P.L.66, SEC.1.) As amended by
P.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 legally
closed and abolished as a public way, within the limits of a railroad
right-of-way, any grade crossing then in existence at the time the
department assumes jurisdiction of the matter:
(1) upon a finding that the enhancement of public safety
resulting from the closing will outweigh any inconvenience
caused by increased circuitry of highway routes; or
(2) based upon criteria specified in rules adopted by the
department 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-activated
warning signals. The authority of the department to legally close and
abolish grade crossings is in addition to any authority by law granted
to other state agencies or to local units of government to close and
abolish grade crossings. Upon the issuance of an order by the
department, the railroad or railroads involved shall physically
remove the crossing from the tracks, and the governmental unit
maintaining the highway shall remove or barricade the approaches to
the crossing. (Formerly: Acts 1973, P.L.66, SEC.1.) As amended by
P.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 applying
criteria
Sec. 3.1. (a) The Indiana department of transportation shall adopt
rules under IC 4-22-2 specifying criteria for:
(1) the department to use in determining whether to open a new
public railroad grade crossing; and
(2) the department or a unit (as defined in IC 36-1-2-23) to use
in determining whether to abolish a public railroad grade
crossing.
(b) In applying criteria required by subsection (a) to determine
whether to open a new public railroad grade crossing, deny a public
grade 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 the
crossing.
(2) Distance to an alternate crossing.
(3) Accident history of the crossing for the five (5) years
preceding the department's or the unit's consideration.
(4) Amount of vehicular traffic and posted speed limits for the
crossing.
(5) Amount of freight trains and their timetable speeds operated
through the crossing.
(6) Type of warning device present at the crossing, if any.
(7) Alignment of the roadway and the railroad, and the angle of
the 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 by
unit
Sec. 3.2. (a) A person may petition a unit (as defined in
IC 36-1-2-23) under whose jurisdiction a public railroad crossing lies
for the closure of a public railroad crossing. The unit shall conduct
a public hearing on the petition.
(b) Except as provided in subsection (c), if the unit determines
that the crossing meets the criteria adopted by the Indiana department
of transportation under section 3.1 of this chapter for closing a
crossing, the unit shall approve the petition described in subsection
(a) and issue an order to close the crossing. The unit shall provide a
copy of the unit's findings to the Indiana department of
transportation.
(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 this
chapter; and
(2) a compelling reason has been shown to exist for the crossing
to remain open;
the unit shall deny a petition to close the crossing. The unit shall
provide a copy of the unit's findings to the Indiana department of
transportation.
(d) If the unit determines that the crossing does not meet the
criteria for closure adopted by the Indiana department of
transportation and section 3.1 of this chapter, the unit may deny a
petition to close the crossing.
(e) Notwithstanding subsections (a) through (d), a unit and a
railroad may agree to close a crossing within the jurisdiction of the
unit. 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 under
section 3.2(c) of this chapter, the Indiana department of
transportation may schedule an appeal on the denial of the petition
as set forth in this section. The decision to schedule or not schedule
an 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 the
findings of the local unit on the petition determines:
(1) the crossing meets the criteria for closure, opening, or denial
of a closure, adopted by the Indiana department of
transportation under section 3.1 of this chapter; and
(2) that a compelling reason has been shown for the crossing to
remain open;
the Indiana department of transportation shall issue written findings
that the crossing may remain open.
(c) If the Indiana department of transportation after reviewing the
findings of the local unit on the petition determines:
(1) the crossing meets the criteria for closure adopted by the
Indiana department of transportation under section 3.1 of this
chapter; and
(2) that a compelling reason has not been shown for the
crossing to remain open;
the Indiana department of transportation shall issue an order
abolishing 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, upon
receiving a petition to open a crossing, finds:
(1) that the proposed crossing meets the criteria required to
open a new grade crossing adopted by the department under
section 3.1 of this chapter; or
(2) that a compelling reason has been shown for the crossing to
exist;
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 it
orders the construction, installation, replacement, relocation,
modernization, or improvement of automatic train-activated warning
signals, may prescribe the division of the costs of the equipment, the
installation of the equipment, the construction, and the operation and
maintenance of the equipment between the railroad and the public.
The share of the costs allocated to the public shall be paid with funds
appropriated to the department for such purpose. In allotting the
costs, IC 8-23-5-2 applies except as provided in subsections (b)
through (c).
(b) Whenever a grade crossing not protected by automatic
warning signals is ordered so protected, the department shall
prescribe the division of the cost of the equipment, its installation, its
operation and maintenance, and its construction between the railroad
involved and the public, giving due regard to the net benefits
received by the parties, and the causes creating the need for signals
at the crossing.
(c) The physical work of constructing, installing, replacing,
relocating, modernizing, or improving, and thereafter operating and
maintaining automatic warning signals under order of the department
shall be performed by the railroad involved. All orders of the
department relating to the signals shall provide for allocation among
the parties involved for the extraordinary costs of signal repair or
replacement if they are damaged or destroyed by accident or external
causes.
(d) When the department orders the railroad to proceed with the
construction, installation, relocation, modernization, or replacement
of automatic signals at a grade crossing, the department shall order
the railroad involved to complete the construction, installation,
relocation, modernization, or replacement of signals not later than
twelve (12) months after the date of the order.
(e) A railroad may request the department for additional time to
complete the construction, installation, relocation, modernization, or
replacement of signals specified in the department's order under
subsection (d). The railroad shall submit the request for additional
time in writing to the department. The request shall specifically set
forth the basis for the railroad's need for additional time to complete
the work. The department's decision to grant or deny a request for
additional 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 date
specified:
(1) in the department's order under subsection (d); or
(2) by the department if a request for additional time is granted
by the department under subsection (e);
the department may assess a civil penalty against the railroad of not
more than one thousand dollars ($1000) for each day the
construction, installation, relocation, modernization, or replacement
of signals is late.
(g) All civil penalties collected under this section shall be
deposited with the treasurer of state to be deposited by the treasurer
of state in the railroad grade crossing fund created under
IC 8-6-7.7-6.1. (Formerly: Acts 1973, P.L.66, SEC.1.) As amended by
P.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 for
work
Sec. 5. (a) Orders of the Indiana department of transportation
relating to automatic train-activated warning signals and to the
closing of grade crossings may be issued:
(1) on the department's own initiative;
(2) upon petition of a governing body or authorized official
administering 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 the
department, which must give regard to the requirements of notice and
opportunity to be heard.
(b) Whenever any grade crossing is under consideration by the
department for the installation of automatic warning signals, the
department shall, in cooperation with other governmental agencies
of the state, determine if the installation of signals can be made with
the use of federal aid funds. If funds are available, the department's
order may provide for the use of the funds and for all necessary
compliance with applicable federal statutes and regulations.
(c) The authority vested in the department to order the
installation, replacement, relocation, modernization, or improvement
of automatic warning signals and the closing of grade crossings does
not preclude the signal work or closing being performed by contract
between a railroad and the governmental agency controlling the
public way. If a mutually agreed upon contract for action has been
made, no petition to the department is required, and if a contract is
agreed upon after the department has assumed jurisdiction, the
department may dismiss the proceeding upon the motion of a party.
(d) For the purpose of expediting railroad grade crossing
protection projects that require the obligation of local funds to
supplement federal aid funds available for railroad grade crossing
protection, the department may make loans or grants to local units
from the railroad grade crossing fund created under section 6.1 of
this chapter to provide the money necessary to supplement those
federal aid funds. The loans or grants shall be made under terms and
conditions established by the department under rules adopted under
IC 4-22-2. A local unit may contract with a railroad concerning
payment of the money necessary to supplement federal aid funds
upon 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 Indiana
department of transportation for the following purposes:
(1) To carry out the provisions of this chapter.
(2) For passive railroad crossing safety improvement projects
by 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 by
railroad 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 a
passive railroad crossing safety project under this section shall pay
the cost of acquiring any easements required by the passive railroad
crossing safety project and shall be responsible for the maintenance
and operation of the completed project.
(d) The balance of money in the railroad grade crossing fund does
not revert to the state general fund at the close of any fiscal year but
remains available to the Indiana department of transportation. As added by Acts 1979, P.L.88, SEC.1. Amended by
P.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.)
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 a
crossing 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 authorizing
the construction of any new grade crossing under IC 8-6-1-7 and
section 3.4 of this chapter, may order the installation of automatic
train-activated warning signals at the crossing. The department may
order the installation, replacement, relocation, modernization, or
improvement of automatic train-activated warning signals at any
grade crossing in the state in existence at the time the department
issues such an order. The authority of the department to require the
installation of the signals is exclusive and supersedes the power of
any other state or local governmental agency. (Formerly: Acts 1973, P.L.66, SEC.1.) As amended by
P.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 legally
closed and abolished as a public way, within the limits of a railroad
right-of-way, any grade crossing then in existence at the time the
department assumes jurisdiction of the matter:
(1) upon a finding that the enhancement of public safety
resulting from the closing will outweigh any inconvenience
caused by increased circuitry of highway routes; or
(2) based upon criteria specified in rules adopted by the
department 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-activated
warning signals. The authority of the department to legally close and
abolish grade crossings is in addition to any authority by law granted
to other state agencies or to local units of government to close and
abolish grade crossings. Upon the issuance of an order by the
department, the railroad or railroads involved shall physically
remove the crossing from the tracks, and the governmental unit
maintaining the highway shall remove or barricade the approaches to
the crossing. (Formerly: Acts 1973, P.L.66, SEC.1.) As amended by
P.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 applying
criteria
Sec. 3.1. (a) The Indiana department of transportation shall adopt
rules under IC 4-22-2 specifying criteria for:
(1) the department to use in determining whether to open a new
public railroad grade crossing; and
(2) the department or a unit (as defined in IC 36-1-2-23) to use
in determining whether to abolish a public railroad grade
crossing.
(b) In applying criteria required by subsection (a) to determine
whether to open a new public railroad grade crossing, deny a public
grade 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 the
crossing.
(2) Distance to an alternate crossing.
(3) Accident history of the crossing for the five (5) years
preceding the department's or the unit's consideration.
(4) Amount of vehicular traffic and posted speed limits for the
crossing.
(5) Amount of freight trains and their timetable speeds operated
through the crossing.
(6) Type of warning device present at the crossing, if any.
(7) Alignment of the roadway and the railroad, and the angle of
the 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 by
unit
Sec. 3.2. (a) A person may petition a unit (as defined in
IC 36-1-2-23) under whose jurisdiction a public railroad crossing lies
for the closure of a public railroad crossing. The unit shall conduct
a public hearing on the petition.
(b) Except as provided in subsection (c), if the unit determines
that the crossing meets the criteria adopted by the Indiana department
of transportation under section 3.1 of this chapter for closing a
crossing, the unit shall approve the petition described in subsection
(a) and issue an order to close the crossing. The unit shall provide a
copy of the unit's findings to the Indiana department of
transportation.
(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 this
chapter; and
(2) a compelling reason has been shown to exist for the crossing
to remain open;
the unit shall deny a petition to close the crossing. The unit shall
provide a copy of the unit's findings to the Indiana department of
transportation.
(d) If the unit determines that the crossing does not meet the
criteria for closure adopted by the Indiana department of
transportation and section 3.1 of this chapter, the unit may deny a
petition to close the crossing.
(e) Notwithstanding subsections (a) through (d), a unit and a
railroad may agree to close a crossing within the jurisdiction of the
unit. 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 under
section 3.2(c) of this chapter, the Indiana department of
transportation may schedule an appeal on the denial of the petition
as set forth in this section. The decision to schedule or not schedule
an 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 the
findings of the local unit on the petition determines:
(1) the crossing meets the criteria for closure, opening, or denial
of a closure, adopted by the Indiana department of
transportation under section 3.1 of this chapter; and
(2) that a compelling reason has been shown for the crossing to
remain open;
the Indiana department of transportation shall issue written findings
that the crossing may remain open.
(c) If the Indiana department of transportation after reviewing the
findings of the local unit on the petition determines:
(1) the crossing meets the criteria for closure adopted by the
Indiana department of transportation under section 3.1 of this
chapter; and
(2) that a compelling reason has not been shown for the
crossing to remain open;
the Indiana department of transportation shall issue an order
abolishing 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, upon
receiving a petition to open a crossing, finds:
(1) that the proposed crossing meets the criteria required to
open a new grade crossing adopted by the department under
section 3.1 of this chapter; or
(2) that a compelling reason has been shown for the crossing to
exist;
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 it
orders the construction, installation, replacement, relocation,
modernization, or improvement of automatic train-activated warning
signals, may prescribe the division of the costs of the equipment, the
installation of the equipment, the construction, and the operation and
maintenance of the equipment between the railroad and the public.
The share of the costs allocated to the public shall be paid with funds
appropriated to the department for such purpose. In allotting the
costs, IC 8-23-5-2 applies except as provided in subsections (b)
through (c).
(b) Whenever a grade crossing not protected by automatic
warning signals is ordered so protected, the department shall
prescribe the division of the cost of the equipment, its installation, its
operation and maintenance, and its construction between the railroad
involved and the public, giving due regard to the net benefits
received by the parties, and the causes creating the need for signals
at the crossing.
(c) The physical work of constructing, installing, replacing,
relocating, modernizing, or improving, and thereafter operating and
maintaining automatic warning signals under order of the department
shall be performed by the railroad involved. All orders of the
department relating to the signals shall provide for allocation among
the parties involved for the extraordinary costs of signal repair or
replacement if they are damaged or destroyed by accident or external
causes.
(d) When the department orders the railroad to proceed with the
construction, installation, relocation, modernization, or replacement
of automatic signals at a grade crossing, the department shall order
the railroad involved to complete the construction, installation,
relocation, modernization, or replacement of signals not later than
twelve (12) months after the date of the order.
(e) A railroad may request the department for additional time to
complete the construction, installation, relocation, modernization, or
replacement of signals specified in the department's order under
subsection (d). The railroad shall submit the request for additional
time in writing to the department. The request shall specifically set
forth the basis for the railroad's need for additional time to complete
the work. The department's decision to grant or deny a request for
additional 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 date
specified:
(1) in the department's order under subsection (d); or
(2) by the department if a request for additional time is granted
by the department under subsection (e);
the department may assess a civil penalty against the railroad of not
more than one thousand dollars ($1000) for each day the
construction, installation, relocation, modernization, or replacement
of signals is late.
(g) All civil penalties collected under this section shall be
deposited with the treasurer of state to be deposited by the treasurer
of state in the railroad grade crossing fund created under
IC 8-6-7.7-6.1. (Formerly: Acts 1973, P.L.66, SEC.1.) As amended by
P.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 for
work
Sec. 5. (a) Orders of the Indiana department of transportation
relating to automatic train-activated warning signals and to the
closing of grade crossings may be issued:
(1) on the department's own initiative;
(2) upon petition of a governing body or authorized official
administering 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 the
department, which must give regard to the requirements of notice and
opportunity to be heard.
(b) Whenever any grade crossing is under consideration by the
department for the installation of automatic warning signals, the
department shall, in cooperation with other governmental agencies
of the state, determine if the installation of signals can be made with
the use of federal aid funds. If funds are available, the department's
order may provide for the use of the funds and for all necessary
compliance with applicable federal statutes and regulations.
(c) The authority vested in the department to order the
installation, replacement, relocation, modernization, or improvement
of automatic warning signals and the closing of grade crossings does
not preclude the signal work or closing being performed by contract
between a railroad and the governmental agency controlling the
public way. If a mutually agreed upon contract for action has been
made, no petition to the department is required, and if a contract is
agreed upon after the department has assumed jurisdiction, the
department may dismiss the proceeding upon the motion of a party.
(d) For the purpose of expediting railroad grade crossing
protection projects that require the obligation of local funds to
supplement federal aid funds available for railroad grade crossing
protection, the department may make loans or grants to local units
from the railroad grade crossing fund created under section 6.1 of
this chapter to provide the money necessary to supplement those
federal aid funds. The loans or grants shall be made under terms and
conditions established by the department under rules adopted under
IC 4-22-2. A local unit may contract with a railroad concerning
payment of the money necessary to supplement federal aid funds
upon 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 Indiana
department of transportation for the following purposes:
(1) To carry out the provisions of this chapter.
(2) For passive railroad crossing safety improvement projects
by 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 by
railroad 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 a
passive railroad crossing safety project under this section shall pay
the cost of acquiring any easements required by the passive railroad
crossing safety project and shall be responsible for the maintenance
and operation of the completed project.
(d) The balance of money in the railroad grade crossing fund does
not revert to the state general fund at the close of any fiscal year but
remains available to the Indiana department of transportation. As added by Acts 1979, P.L.88, SEC.1. Amended by
P.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.)
