January 14, 2013, read first time and referred to Committee on Roads and Transportation.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2012 Regular Session of the General Assembly.
HOUSE BILL No. 1310
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 8-6-4-1; (13)IN1310.1.1. -->
SECTION 1. IC 8-6-4-1, AS AMENDED BY P.L.182-2009(ss),
SECTION 507, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: 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 is 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 is 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
is 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. of a whistle. 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.