AN ACT to amend the Indiana Code concerning transportation.
SECTION 1. IC 8-6-4-1, AS AMENDED BY P.L.199-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1. (a) A railroad company operating in this state
shall equip every locomotive engine with a whistle and a bell,
maintained in good working order, such as are used by other railroad
companies. Except when approaching a crossing to which an ordinance
adopted under subsection (c) applies, the engineer or other person in
charge of or operating an engine upon the line of a railroad shall, when
the engine approaches the crossing of a turnpike, public highway, or
street in this state, beginning not less than one-fourth (1/4) mile from
the crossings:
(1) sound the whistle on the engine distinctly not less than four
(4) times, which sounding shall be prolonged or repeated until the
crossing is reached; and
(2) ring the bell attached to the engine continuously from the time
of sounding the whistle until the engine has fully passed the
crossing.
(b) It is unlawful for an engineer or other person in charge of a
locomotive to move the locomotive, or allow it to be moved, over or
across a turnpike, public highway, or street crossing if the whistle and
bell are not in good working order. It is unlawful for a railroad
company to order or permit a locomotive to be moved over or across a
turnpike, public highway, or street crossing if the whistle and bell are
not in good working order. When a whistle or bell is not in good
working order, the locomotive must stop before each crossing and
proceed only after manual protection is provided at the crossing by a
member of the crew unless manual protection is known to be provided.
(c) A city, town, or county may adopt an ordinance to regulate the
sounding of a whistle or the ringing of a bell under subsection (a) in the
city, the town, or the county. However, an ordinance may not prohibit
the sounding of a whistle or the ringing of a bell at a crossing that does
not have an automatic train activated warning signal as set forth in
IC 8-6-7.7-2. An ordinance adopted after June 30, 2003, that
prohibits the sounding of a whistle or the ringing of a bell at a
crossing must require that signs be posted at the crossing to warn
the public that trains do not sound whistles or ring bells at that
crossing. Before an ordinance adopted under this subsection goes into
effect, the city, town, or county must receive the written permission of
the department to regulate the sounding or the ringing. The department
shall grant permission only if the department determines, based upon
a study conducted by the department, that the ordinance, as applied to
a particular crossing, will not create an undue risk of harm to the rail
corridor identified in the ordinance, increases the overall safety of
the corridor for the public. Notwithstanding anything to the
contrary in this subsection, the department shall grant permission
to a city or a town to regulate the sounding of a whistle or the
ringing of a bell if the city or town had an ordinance regulating the
sounding of a whistle or the ringing of a bell that was approved and
in effect on January 1, 1991, if the city or town amended or
repealed the ordinance, and if the city or town adopts a subsequent
ordinance on the same subject. In making its determination during
the course of the study, the department shall consider:
(1) school bus routes;
(2) emergency service routes;
(3) hazardous materials routes;
(4) pedestrian traffic;
(5) trespassers;
(6) recreational facilities;
(7) trails; and
(8) measures to increase safety in the corridor, including:
(A) four (4) quadrant gates;
(B) median barriers;
(C) crossing closures;
(D) law enforcement programs; and
(E) public education.
The study by the department required under this subsection must
be completed not later than one hundred twenty (120) days after
the department receives notice of the passage of the ordinance
from the city, town, or county. An ordinance approved and in effect
on January 1, 1991, regulating the sounding of a whistle or the ringing
of a bell in a city or town remains approved and in effect.
(d) Notwithstanding a contrary provision in an ordinance adopted
under subsection (c), an engineer or other person who is operating an
engine shall sound the engine's whistle if , in the determination of the
engineer or other person who is operating the engine, an apparent
emergency exists.
(e) A railroad company and the employees of the railroad company
are immune from criminal or civil liability for injury or property
damage that results from an accident that occurs at a crossing to which
an ordinance described in subsection (c) applies if the injury or
property damage was proximately caused solely by the railroad
company and the employees failing to sound a whistle.
(f) The Indiana department of transportation shall review crossing
safety at each crossing to which an ordinance adopted under subsection
(c) applies not less than one (1) time in a five (5) year period.
(g) The Indiana department of transportation may not revoke the
permission granted under subsection (c) for an ordinance.
(h) The Indiana department of transportation may create pilot
railroad crossing safety projects to improve railroad crossing
safety.