§ 8-6-4-0.3 — Legalization of certain ordinances; review of crossing safety levels; program to increase crossing safety; development of crossing safety program; consultation with railroads, municipalities

Indiana § 8-6-4-0.3

• Jurisdiction: Indiana
• Art. 6: RAILROAD CROSSINGS
• Ch. 4: Signals at Railroad Grade Crossings

Text

3. (a) An ordinance that would be permitted
under section 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.

Legislative History

As added by P.L.220-2011, SEC.193. Amended by P.L.69-2013, SEC.1.