§ 9-21-12-5 — Railroad crossings; duty to stop

Indiana § 9-21-12-5

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 21: TRAFFIC REGULATION
• Ch. 12: School Buses; Fire and Emergency Vehicles

Text

(a) This section does not apply to the
following:
(1) A street railway grade crossing within a business or residence
district.
(2) Abandoned or unused railroad grade crossings that are:
(A) designated by the Indiana department of transportation
under IC 8-6-15-2; and
(B) marked with a "tracks out of service" sign that complies
with the requirements of IC 8-6-15-3.
(b) A person who drives:
(1) a motor vehicle, not including a school or private bus, carrying
passengers for hire;
(2) a school or private bus that is carrying passengers; or
(3) a vehicle carrying explosive substances or flammable liquids
as a cargo or part of a cargo;
shall, before crossing at grade a track of a railroad, stop the vehicle not
more than fifty (50) feet and not less than fifteen (15) feet from the
nearest rail of the railroad.
(c) While stopped in accordance with subsection (b), the person
shall do the following:
(1) Listen through an open window or door.
(2) Look in both directions along the track for an approaching
train or other on-track equipment and for signals indicating the
approach of a train or other on-track equipment.
(3) Not proceed until the person can proceed safely.
After stopping, the person shall cross only in a gear of the vehicle so
there will be no necessity for changing gears while traversing the
crossing. The person who drives the vehicle may not shift gears while
crossing the track or tracks.
(d) If a police officer or traffic control signal directs traffic to
proceed at a railroad crossing, the person who drives a vehicle subject
to this section shall proceed in accordance with the instructions of the
police officer or traffic control signal.
(e) Except as provided in subsection (f), a person who violates this
section commits a Class C infraction.
(f) A person who knowingly or intentionally violates subsection
(b)(2) commits a Class B misdemeanor.
[Pre-1991 Recodification Citation: 9-4-1-108.]

Legislative History

As added by P.L.2-1991, SEC.9. Amended by P.L.119-1995, SEC.7; P.L.87-2003, SEC.2; P.L.8-2010, SEC.6; P.L.217-2014, SEC.54.