Sec. 3. (a) A railroad shall provide and maintain within the railroad’s right-of-way an unobstructed view in each quadrant of a public rail-highway grade crossing that is under the control of the railroad to the following specifications:

(1) From the centerline of the highway, street, or road:

Terms Used In Indiana Code 8-6-7.6-3

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(A) forty-two (42) inches above the highway, street, or road; and

(B) twenty (20) feet from the field side of the nearest rail or, if the railroad’s right-of-way is less than twenty (20) feet from the field side of the nearest rail, to the limit of the railroad’s right-of-way.

(2) From the centerline of the track:

(A) forty-two (42) inches above the track; and

(B) to the appropriate distance determined under section 4 of this chapter.

If the public rail-highway grade crossing includes multiple tracks, the measurements are taken at a ninety (90) degree angle from the top of the field side of the rail nearest the highway, street, or road.

     (b) This chapter does not require a railroad to enter onto property not owned by the railroad to meet the requirements under this chapter.

     (c) This section replaces any common law duties imposed on a railroad with respect to sight distances, including methods to verify sight distances.

As added by P.L.198-2016, SEC.68.

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