Bill Text: IN HB1310 | 2013 | Regular Session | Introduced
Bill Title: Bell requirements on a locomotive.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-13 - Public Law 69 [HB1310 Detail]
Download: Indiana-2013-HB1310-Introduced.html
Citations Affected: IC 8-6-4-1.
Synopsis: Bell requirements on a locomotive. Removes the
requirements that: (1) a railroad company must equip every locomotive
engine with a bell maintained in good working order; and (2) the
railroad engineer must ring the bell attached to a locomotive engine, in
addition to sounding the whistle, while approaching the crossing of a
turnpike, public highway, or street and until the engine has passed the
crossing. Removes language authorizing a city, town, or county to
adopt an ordinance to regulate the ringing of a bell attached to the
locomotive engine when a train is in the city, town, or county.
Effective: July 1, 2013.
January 14, 2013, read first time and referred to Committee on Roads and Transportation.
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(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
(d) A city, town, or county may adopt an ordinance to regulate the sounding of a whistle
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the city or town amended or repealed the ordinance, and if the city or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.