First Regular Session 118th General Assembly (2013)
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HOUSE ENROLLED ACT No. 1310
AN ACT to amend the Indiana Code concerning transportation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 8-6-4-0.3; (13)HE1310.1.1. -->
SECTION 1. IC 8-6-4-0.3, AS ADDED BY P.L.220-2011,
SECTION 193, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 0.3. (a) An ordinance that would be
permitted under section
1(c) 1(e) of this chapter, as added by
P.L.101-1993, that was adopted before April 27, 1993:
(1) is legalized; and
(2) may be enforced after May 11, 1993.
(b) The Indiana department of transportation shall conduct a review
of crossing safety levels at all crossings to which an ordinance
legalized under this section applies. The department shall complete a
study required by this subsection not later than one (1) year after April
27, 1993.
(c) If the Indiana department of transportation finds, based upon the
results of the department's review under subsection (b), that the
crossing safety level at a crossing to which an ordinance legalized
under this section applies creates an undue risk of harm to the public,
the department shall, after consulting with the railroad and the
municipality, develop a program to increase crossing safety at the
crossing to an acceptable level, as determined by the department.
(d) A program to increase crossing safety under subsection (c) must
be decided after an evaluation of all remedies available to the Indiana
department of transportation and the costs and benefits of each remedy.
The department must consider the following in an evaluation of the
costs and benefits of each remedy upon the municipality:
(1) The degree to which the remedy is likely to increase safety at
the crossing.
(2) The economic impact of the cost of the remedy, including
possible cost-sharing mechanisms.
(3) The impact of the remedy upon the environment in the
municipality.
SOURCE: IC 8-6-4-1; (13)HE1310.1.2. -->
SECTION 2. 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 used by other
railroad companies. Except when approaching a crossing to which an
ordinance adopted under subsection
(d) (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 (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) (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 and bell are 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
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) 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.
(d) (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.
(e) (f) Notwithstanding a contrary provision in an ordinance adopted
under subsection
(d), (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.
(f) (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
(d) (e) applies if the
injury or property damage was proximately caused solely by the
railroad company and the employees failing to sound a whistle.
(g) (h) The Indiana department of transportation shall review
crossing safety at each crossing to which an ordinance adopted under
subsection
(d) (e) applies not less than one (1) time in a five (5) year
period.
(h) (i) The Indiana department of transportation may not revoke the
permission granted under subsection
(d) (e) for an ordinance.
(i) (j) The Indiana department of transportation may create pilot
railroad crossing safety projects to improve railroad crossing safety.
SOURCE: IC 8-6-4-1.3; (13)HE1310.1.3. -->
SECTION 3. IC 8-6-4-1.3, AS ADDED BY P.L.220-2011,
SECTION 194, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1.3. (a) An ordinance that would be
permitted under section 1(c) 1(e) of this chapter, as added by
P.L.101-1993, that was adopted before April 27, 1993:
(1) is legalized; and
(2) may be enforced on May 12, 1993.
(b) The Indiana department of transportation shall conduct a review
of crossing safety levels at all crossings to which an ordinance
legalized under this section applies. The department shall complete a
study required by this subsection not later than April 27, 1994.
(c) If the Indiana department of transportation finds, based upon the
results of the department's review under subsection (b), that the
crossing safety level at a crossing to which an ordinance legalized
under this section applies creates an undue risk of harm to the public,
the department shall, after consulting with the railroad and the
municipality, develop a program to increase crossing safety to an
acceptable level, as determined by the department, at the crossing.
(d) A program to increase crossing safety under subsection (c) must
be decided after an evaluation of all remedies available to the Indiana
department of transportation and the costs and benefits of each remedy.
The department must consider the following in an evaluation of the
costs and benefits of each remedy upon the municipality:
(1) The degree to which the remedy is likely to increase safety at
the crossing.
(2) The economic impact of the cost of the remedy, including
possible cost-sharing mechanisms.
(3) The impact of the remedy upon the environment in the
municipality.