Introduced Version






HOUSE BILL No. 1482

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 8-6-15; IC 9-21-12-5.

Synopsis: Abandoned railroad crossings. Requires the Indiana department of transportation to identify railroad grade crossings that are abandoned or unused and to designate them as exempt crossings. Requires designated crossings to be marked with an official exemption sign that is posted and maintained in conformance with the Indiana Manual on Uniform Traffic Control Devices for Streets and Highways. Specifies that for an abandoned railroad grade crossing to be exempt from the law requiring school buses, private buses, motor vehicles carrying passengers for hire, and vehicles carrying explosive or flammable liquids to stop and proceed in a certain manner at railroad crossings, the abandoned crossing must be designated as exempt and marked with an official exemption sign.

Effective: July 1, 2003.





Stevenson




    January 15, 2003, read first time and referred to Committee on Interstate and International Cooperation.







Introduced

First Regular Session 113th General Assembly (2003)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2002 Regular or Special Session of the General Assembly.

HOUSE BILL No. 1482



    A BILL FOR AN ACT to amend the Indiana Code concerning utilities and transportation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 8-6-15; (03)IN1482.1.1. -->     SECTION 1. IC 8-6-15 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 15. Abandoned and Unused Crossings
    Sec. 1. The department shall identify railroad grade crossings that are abandoned or unused.
    Sec. 2. The department shall designate an abandoned or unused railroad grade crossing as an exempt crossing for purposes of IC 9-21-12-5.
    Sec. 3. An abandoned or unused railroad grade crossing designated under section 2 of this chapter must be marked with an official exemption sign that is posted and maintained by the department or the local road authority in conformance with the Indiana Manual on Uniform Traffic Control Devices for Streets and Highways adopted under IC 9-21-2-1.

SOURCE: IC 9-21-12-5; (03)IN1482.1.2. -->     SECTION 2. IC 9-21-12-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5. (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 tracks. railroad grade crossings that are:
            (A) designated as exempt by the Indiana department of transportation under IC 8-6-15-2; and
            (B) marked with an official exemption sign that complies with the requirements of IC 8-6-15-3.

    (b) A person who drives:
        (1) a motor vehicle 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 and for signals indicating the approach of a train.
        (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.