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 in
vicinity of crossings
Sec. 1. (a) A railroad company operating in this state shall equip
every locomotive engine with a whistle and a bell, maintained in
good working order, such as are used by other railroad companies.
Except when approaching a crossing to which an ordinance adopted
under subsection (d) applies, the engineer or other person in charge
of or operating an engine upon the line of a railroad shall, when the
engine approaches the crossing of a turnpike, public highway, or
street in this state:
(1) sound the whistle on the engine distinctly not less than four
(4) times, which sounding shall be prolonged or repeated until
the crossing is reached; and
(2) ring the bell attached to the engine continuously from the
time of sounding the whistle until the engine has fully passed
the crossing.
(b) A railroad company shall erect a sign that is:
(1) not more than one-fourth (1/4) mile in advance of a crossing
or multiple consecutive crossings; and
(2) visible from an approaching train;
to notify the engineer or other person in charge of or operating an
engine to sound the engine's whistle in accordance with federal law.
The railroad company shall maintain the sign in good repair or
replace the sign. However, this subsection does not apply to a
crossing to which an ordinance adopted under subsection (d) applies.
The locomotive engineer or other person in charge of the train shall
notify, in writing, the appropriate maintenance of way supervisor of
the railroad of any missing or damaged whistle post, and the railroad
shall, within thirty (30) days after the maintenance of way supervisor
is notified under this subsection, repair or replace the missing or
damaged whistle post.
(c) It is unlawful for an engineer or other person in charge of a
locomotive to move the locomotive, or allow it to be moved, over or
across a turnpike, public highway, or street crossing if the whistle
and bell are not in good working order. It is unlawful for a railroad
company to order or permit a locomotive to be moved over or across
a turnpike, public highway, or street crossing if the whistle and bell
are not in good working order. When a whistle or bell is not in good
working order, the locomotive must stop before each crossing and
proceed only after manual protection is provided at the crossing by
a member of the crew unless manual protection is known to be
provided.
(d) A city, town, or county may adopt an ordinance to regulate the
sounding of a whistle or the ringing of a bell under subsection (a) in
the city, the town, or the county. However, an ordinance may not
prohibit the sounding of a whistle or the ringing of a bell at a
crossing that does not have an automatic train activated warning
signal as set forth in IC 8-6-7.7-2. An ordinance adopted after June
30, 2003, that prohibits the sounding of a whistle or the ringing of a
bell at a crossing must require that signs be posted at the crossing to
warn the public that trains do not sound whistles or ring bells at that
crossing. Before an ordinance adopted under this subsection goes
into effect, the city, town, or county must receive the written
permission of the department to regulate the sounding or the ringing.
The department shall grant permission only if the department
determines, based upon a study conducted by the department, that the
ordinance, 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, the
department shall grant permission to a city or a town to regulate the
sounding of a whistle or the ringing of a bell if the city or town had
an ordinance regulating the sounding of a whistle or the ringing of a
bell that was approved and in effect on January 1, 1991, if the city or
town amended or repealed the ordinance, and if the city or town
adopts a subsequent ordinance on the same subject. In making its
determination during the course of the study, the department shall
consider:
(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 be
completed not later than one hundred twenty (120) days after the
department receives notice of the passage of the ordinance from the
city, town, or county.
(e) Notwithstanding a contrary provision in an ordinance adopted
under subsection (d), an engineer or other person who is operating an
engine shall sound the engine's whistle if, in the determination of the
engineer or other person who is operating the engine, an apparent
emergency exists.
(f) A railroad company and the employees of the railroad
company are immune from criminal or civil liability for injury or
property damage that results from an accident that occurs at a
crossing to which an ordinance described in subsection (d) applies if
the injury or property damage was proximately caused solely by the
railroad 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 under
subsection (d) applies not less than one (1) time in a five (5) year
period.
(h) The Indiana department of transportation may not revoke the
permission granted under subsection (d) for an ordinance.
(i) The Indiana department of transportation may create pilot
railroad crossing safety projects to improve railroad crossing safety.
(Formerly: Acts 1879(ss), c.77, s.1; Acts 1881(ss), c.85, s.1; Acts
1943, c.208, s.1; Acts 1972, P.L.63, SEC.1.) As amended by
P.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 property
damage
Sec. 2. (a) Every engineer or other person in charge of or
operating an engine, who shall fail or neglect to comply with the
provisions of section 1 of this chapter, shall be held personally liable
to the state, in a penalty of not less than ten dollars ($10.00) nor more
than fifty dollars ($50.00), to be recovered in a civil action brought
by the state in the circuit or superior court of any county where the
crossing is located.
(b) A railroad company that violates section 1(c) of this chapter
shall be held liable therefor to the state for a penalty of not less than
two hundred fifty dollars ($250) nor more than five thousand dollars
($5,000), to be recovered in a civil action brought by the state in the
circuit or superior court of any county where the crossing is located.
The railroad company in whose employ such engineer or person may
be, as well as the engineer or person in charge of or operating the
engine, shall be liable in damages to any person, or the person's
representatives, who may be injured in property or person, or to any
corporation that may be injured in property, by the neglect or failure
of said engineer or other person as aforesaid.
(c) A railroad company that violates section 1(b) of this chapter
may be held liable to the state for a penalty of not less than two
hundred fifty dollars ($250) or more than one thousand dollars
($1,000), to be recovered in a civil action brought by the state in the
circuit 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.) As
amended 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 in
section 2 of this chapter shall be prosecuted in the name of the state
by the prosecuting attorney of any county where the failure or
neglect 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 of
this chapter shall be appropriated to the benefit of the common
school fund of the state, and the clerk of the court wherein such fines
and penalties may be assessed and recovered shall, upon receipt
thereof, pay the same over to the treasurer of said county, for the
purpose aforesaid.
(Formerly: Acts 1879(ss), c.77, s.5.) As amended by P.L.62-1984,
SEC.102.