(b) Whenever it shall be desired to establish or extend a highway at grade over any railroad in this state, it shall be necessary, before establishing or extending the highway, that the petitioners shall, by a procedure to be prescribed by the department, petition to obtain the authority of the department under IC 8-6-7.7-3.4. The grant or refusal of authority therefor by the department shall be final and conclusive except as provided in this chapter.
(c) Whenever it shall be desired by any railroad company to construct a new railroad at grade over any public highway or highways in this state, it shall be necessary for a company, by a procedure to be prescribed by the department, to petition to obtain the authority of the department under IC 8-6-7.7-3.4, but it shall not be necessary to obtain such authority when such new railroad has secured its rights of way or is under construction. The grant or refusal of such authority shall be final and conclusive, except as provided in this chapter. Nothing herein shall prevent the department from subsequently altering or rescinding any grant or refusal of authority to construct such highway or railway, if, in its discretion, such alteration should be made.
Ind. Code Ann. § 8-6-1-7
8-6-2.1-1 Separation or alteration of grade levels of public highway
Sec. 1. The board of public works or board of public works and safety, referred to in this chapter as the board, of a city may, by resolution, require the separation or alteration of the grade levels of any public highway in the city and of any railroad crossing the public highway, either by carrying the public highway under or over the railroad, or by carrying the railroad under or over the public highway, or by any combination of these means.
Ind. Code Ann. § 8-6-2.1-1
8-6-2.1-3 State highway commission powers
Sec. 3. (a) The Indiana department of transportation shall participate in the proceedings and in the cost of any improvements made pursuant to the proceedings provided for by this chapter if any improvements involve a highway which is part of the state highway system or a street or highway selected by the Indiana department of transportation as a route of a highway in the state highway system.
(b) If the Indiana department of transportation participates in any proceedings as set out in this chapter and in the cost of improvements made pursuant to the proceedings, the county in which the city is located shall also participate in the proceedings and in the cost of any improvements that are made pursuant to the proceedings.
Ind. Code Ann. § 8-6-2.1-3
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.
Ind. Code Ann. § 8-6-7.7-4
Blocked Crossings
State Laws, Regulations, and Penalties
8-6-7.5-1 Time limit
Sec. 1. It shall be unlawful for a railroad corporation to permit any train, railroad car or engine to obstruct public travel at a railroad-highway grade crossing for a period in excess of ten (10) minutes, except where such train, railroad car or engine cannot be moved by reason of circumstances over which the railroad corporation has no control.
Ind. Code Ann. § 8-6-7.5-1
8-6-7.5-2 Successive train movements
Sec. 2. It shall be unlawful for a railroad corporation to permit successive train movements to obstruct vehicular traffic at a railroad-highway grade crossing until all vehicular traffic previously delayed by such train movements has been cleared or a period of five (5) minutes has elapsed between train movements.
I.C. 8-6-7.5-2, IN ST 8-6-7.5-2
Ind. Code Ann. § 8-6-7.5-2
The statutes and Constitution are current with all legislation of the 2022 Second Regular Session of the 122nd General Assembly effective through June 30, 2022.
Ind. Code Ann. § 8-6-7.5-3
8-6-7.5-3 Violations
Sec. 3. (a) A railroad corporation that violates this chapter commits a Class C infraction. The minimum judgment that may be entered for a Class C infraction under this section is two hundred dollars ($200).
(b) Notwithstanding IC 34-28-5-5(c), funds collected as judgments for violations of this section must be deposited in the industrial rail service fund established by IC 8-3-1.7-2.
Ind. Code Ann. § 8-6-7.5-3
Warning Devices-Passive
State Laws and Regulations
9-21-4-15 Repealed
Ind. Code Ann. § 9-21-4-15
9-21-2-1 Adoption of manual
Sec. 1. The Indiana department of transportation shall adopt the Indiana Manual on Uniform Traffic Control Devices for Streets and Highways by order of the commissioner of the Indiana department of transportation with a letter of concurrence from the Federal Highway Administration.
Ind. Code Ann. § 9-21-2-1
8-6-6-1 Specifications and requirements; violations
Sec. 1. It is a Class C infraction for a person, or the lessee or receiver of any person, who owns or operates any line of steam or interurban railroad to run trains without installing and maintaining, at each grade crossing of its railroad with any public highway, railroad crossing signs (crossbucks) and number of tracks signs if required, placed at right angles with the highway, where possible. The construction of the signs and warning notice must be in conformance with the manual on uniform traffic control devices adopted under IC 9-21-2-1.
Ind. Code Ann. § 8-6-6-1
Warning Devices- Train Borne
State Laws, Regulations, and Penalties
8-6-4-1 Bells, whistles, and signs; pilot railroad crossing safety projects
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 (e) 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 ( ¼ ) 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 (e) 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) Except as provided in subsection (d), 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 is not in good working order. Except as provided in subsection (d), 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 is not in good working order. When a whistle 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) If the bell of a locomotive becomes inoperable after the daily inspection required under 49 CFR 229.21, the locomotive may be operated until the next daily inspection required under 49 CFR 229.21.
(e) 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.
(f) Notwithstanding a contrary provision in an ordinance adopted under subsection (e), 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.
(g) 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 (e) applies if the injury or property damage was proximately caused solely by the railroad company and the employees failing to sound a whistle.
(h) The Indiana department of transportation shall review crossing safety at each crossing to which an ordinance adopted under subsection (e) applies not less than one (1) time in a five (5) year period.
(i) The Indiana department of transportation may not revoke the permission granted under subsection (e) for an ordinance.
(j) The Indiana department of transportation may create pilot railroad crossing safety projects to improve railroad crossing safety.
Ind. Code Ann. § 8-6-4-1
Warning Devices- Active
State Laws and Regulations
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.
Ind. Code Ann. § 8-6-7.7-2
8-6-7-1 Petition for installation; hearings
Sec. 1. The Indiana department of transportation shall, upon proper petition by:
(1) five (5) or more citizens of this state; or
(2) a board of county commissioners;
conduct a hearing to declare as dangerous or extra hazardous any grade crossing in this state that the department finds to be of such a character as that the safety of the users of the highway requires the installation of automatic train-activated warning signals or other crossing safety devices. The petition, hearing, and all proceedings must conform with IC 4-21.5.
Ind. Code Ann. § 8-6-7-1
Private Crossings
State Laws and Regulations
No applicable statute relating to this topic.
Vegetation Clearance
State Laws, Regulations, and Penalties
8-3-7-1 Time for cutting
Sec. 1. All railroad corporations doing business in this state shall, between July 1 and August 20 in each year, destroy detrimental plants (as defined in IC 15-16-8-1), noxious weeds, and rank vegetation growing on lands occupied by them.
Ind. Code Ann. § 8-3-7-1
8-3-7-2 Violation; penalty; action to recover
Sec. 2. In case any railroad company shall refuse or neglect to comply with the requirements specified in section 1 of this chapter, such company shall be liable in a penalty of twenty-five dollars ($25), to be prosecuted for in an action of debt by any person feeling himself aggrieved. Said suit may be brought before any court in the county, who shall require of the complainant surety to pay costs in case he fails to maintain his action. Summons may be served on any agent or officer of the company.
Ind. Code Ann. § 8-3-7-2
8-6-7.6-1 Repealed by P.L.198-2016, SEC.63, eff. July 1, 2016
Ind. Code Ann. § 8-6-7.6-1
8-6-7.6-2 Repealed by P.L.198-2016, SEC.66, eff. July 1, 2016
Ind. Code Ann. § 8-6-7.6-2
