§ 8-6-7.7-3.1 — Duty of department to specify criteria; considerations in applying criteria

Indiana § 8-6-7.7-3.1

• Jurisdiction: Indiana
• Art. 6: RAILROAD CROSSINGS
• Ch. 7.7: Railroad Grade Crossings Fund

Text

1. (a) The Indiana department of transportation
shall adopt rules under IC 4-22-2 specifying criteria for:
(1) the department to use in determining whether to open a new
public railroad grade crossing; and
(2) the department or a unit (as defined in IC 36-1-2-23) to use in
determining whether to abolish a public railroad grade crossing.
(b) In applying criteria required by subsection (a) to determine
whether to open a new public railroad grade crossing, deny a public
grade crossing closure, or abolish a public railroad grade crossing, the
department or unit shall consider the following:
(1) Timetable speed of passenger trains operated through the
crossing.
(2) Distance to an alternate crossing.
(3) Accident history of the crossing for the five (5) years
preceding the department's or the unit's consideration.
(4) Amount of vehicular traffic and posted speed limits for the
crossing.
(5) Amount of freight trains and their timetable speeds operated
through the crossing.
(6) Type of warning device present at the crossing, if any.
(7) Alignment of the roadway and the railroad, and the angle of
the intersection of an alignment at the crossing.
(8) Use of the crossing by:
(A) trucks carrying hazardous materials;
(B) vehicles carrying passengers for hire;
(C) school buses; and
(D) emergency vehicles.
(9) Other appropriate criteria as determined by the department.

Legislative History

As added by P.L.81-1996, SEC.6.