§ 9-21-8-40 — Heavy equipment or structures; railroad grade crossings; notice; procedure

(a) A person may not operate or move a
caterpillar tractor, steam shovel, derrick, roller, or any equipment or
structure weighing more than ten (10) tons and having a normal
operating speed of not more than six (6) miles per hour or a vertical
body or load clearance of less than nine (9) inches above the level
surface of a roadway upon or across tracks at a railroad grade crossing
without first complying with this section.
(b) Notice of an intended crossing under this section shall be given
to a superintendent of the railroad, and a reasonable time shall be given
to the railroad to provide proper protection at the crossing.
(c) Before making a crossing under this section, the person
operating or moving a vehicle or equipment described in subsection (a)
shall first stop the vehicle or equipment not less than ten (10) feet and
not more than fifty (50) feet from the nearest rail or the railway. While
stopped, the person shall listen and 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.
The person shall not proceed until the crossing can be made safely.
(d) A crossing may not be made when warning is given by
automatic signal, crossing gates, a flagman, or otherwise of the
immediate approach of a railroad train or other on-track equipment.
[Pre-1991 Recodification Citation: 9-4-1-109.]

Legislative History

As added by P.L.2-1991, SEC.9. Amended by P.L.8-2010, SEC.4.