Bill Text: IN SB0073 | 2010 | Regular Session | Engrossed
Bill Title: Traffic signal and railroad crossing matters.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [SB0073 Detail]
Download: Indiana-2010-SB0073-Engrossed.html
Citations Affected: IC 9-13; IC 9-21; IC 9-24.
Synopsis: Traffic signal and railroad crossing matters. Amends
provisions regarding traffic signals to refer to turn arrow signals in
addition to circular signals. Provides that a person who operates a
vehicle and fails to obey the instructions of a railroad flagman to stop
the vehicle before approaching a location at which a train is or may be
located commits a Class C infraction. Requires the driver of a vehicle
to stop at a railroad crossing upon the approach of on-track equipment.
Specifies the action required to comply with a flashing "don't walk"
indicator at a pedestrian crossing.
Effective: July 1, 2010.
(HOUSE SPONSORS _ TYLER, SOLIDAY, AUSTIN, DUNCAN)
January 5, 2010, read first time and referred to Committee on Homeland Security,
Transportation & Veterans Affairs.
January 14, 2010, amended, reported favorably _ Do Pass.
January 19, 2010, read second time, ordered engrossed. Engrossed.
January 21, 2010, read third time, passed. Yeas 50, nays 0.
February 2, 2010, read first time and referred to Committee on Interstate and International Cooperation.
February 16, 2010, reported _ Do Pass.
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
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Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
(b) The lights indicate and apply to drivers of vehicles and pedestrians as follows:
(1) Green indication means the following:
(A) Vehicular traffic facing a circular green signal may proceed straight through or turn right or left, unless a sign at the place prohibits either turn.
(B) Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent sidewalk at the time the signal is exhibited.
(C) Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by the green arrow or other movement permitted by other indications shown at the same time.
(D) Vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
(E) Unless otherwise directed by a pedestrian control signal, pedestrians facing a green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within a marked or unmarked crosswalk.
(2) Steady yellow indication means the following:
(A) Vehicular traffic facing a steady circular yellow or yellow arrow signal is warned that the related green movement is being terminated and that a red indication will be exhibited immediately thereafter.
(B) A pedestrian facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian control signal, is advised that there is insufficient time to cross the roadway before a red indication is shown, and a pedestrian may not start to cross the roadway at that time.
(3) Steady red indication means the following:
(A) Except as provided in clause (B), vehicular traffic facing a steady circular red or red arrow signal
(B) Except when a sign is in place prohibiting a turn described in this subdivision, vehicular traffic facing a steady red signal, after coming to a complete stop, may cautiously enter the intersection to do the following:
(i) Make a right turn.
(ii) Make a left turn if turning from the left lane of a one-way street into another one-way street with the flow of
traffic.
Vehicular traffic making a turn described in this subdivision
shall yield the right-of-way to pedestrians lawfully within an
adjacent crosswalk and to other traffic using the intersection.
(C) Unless otherwise directed by a pedestrian control signal
pedestrians facing a steady circular red or red arrow signal
alone may not enter the roadway.
(4) No indication or conflicting indications means the following:
(A) Vehicular traffic facing an intersection having a signal that
displays no indication or conflicting indications, where no
other control is present, shall stop before entering the
intersection.
(B) After stopping, vehicular traffic may proceed with caution
through the intersection and shall yield the right-of-way to
traffic within the intersection or approaching so closely as to
constitute an immediate hazard.
(5) This section applies to traffic control signals located at a place
other than an intersection. A stop required under this subdivision
must be made at the signal, except when the signal is
supplemented by a sign or pavement marking indicating where
the stop must be made.
(1) When a clearly visible electric or mechanical signal device gives warning of the immediate approach of a train or other on-track equipment.
(2) When a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a train or other on-track equipment.
(3) When a railroad train or other on-track equipment approaching within one thousand five hundred (1,500) feet of a highway crossing emits an audible signal and because of speed or nearness to the crossing is an immediate hazard.
(4) When an approaching train or other on-track equipment is plainly visible and is in hazardous proximity to the crossing.
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 car or other on-track
equipment.
(b) A person who operates a vehicle shall obey the instructions of a railroad flagman to stop the vehicle before approaching a location in which a train or other on-track equipment is or may be located.
(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 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.
(1) listen through an open door;
(2) look in both directions along the track for an approaching train or other on-track equipment; and
(3) look for signals indicating the approach of a train or other on-track equipment.
The driver may not proceed until it is safe to proceed. When it is safe to proceed, the driver shall select a gear that will allow the driver to cross the tracks without changing gears. The driver may not shift gears while crossing the tracks.
(b) The driver is not required to stop when a police officer is directing the flow of traffic across railroad tracks.
(c) Upon conviction of a violation of this section, a driver shall have the driver's operator's license suspended for a period of not less than sixty (60) days in addition to the penalties provided by section 11 of this chapter.
(1) Flashing or steady "walk" means a pedestrian facing the signal may proceed across the roadway in the direction of the signal and a person who drives a vehicle shall yield the right-of-way to the pedestrian.
(2)
(3) Flashing "don't walk" means a pedestrian may not start to cross the roadway in the direction of the signal. A pedestrian who has already started to cross on the "walk" signal shall proceed to a sidewalk or safety island. If a countdown pedestrian signal indication is also shown, a pedestrian may cross if the pedestrian is able to proceed to the sidewalk or safety island by the time the steady "don't walk" signal is shown, and a person who drives a vehicle shall yield the right-of-way to the pedestrian.
(1) Operating a vehicle at least fifteen (15) miles per hour above the posted speed limit in violation of IC 9-21-5, IC 9-21-6, or IC 9-21-5-14.
(2) Operating a vehicle recklessly as provided in IC 9-21-8-50 and IC 9-21-8-52.
(3) Improper or erratic traffic lane changes in violation of IC 9-21-8-2 through IC 9-21-8-13 and IC 9-21-8-17 through IC 9-21-8-18.
(4) Following a vehicle too closely in violation of IC 9-21-8-14 through IC 9-21-8-16.
(5) In connection with a fatal accident, violating any statute, ordinance, or rule concerning motor vehicle traffic control other than parking statutes, ordinances, or rules.
(6) Operating a vehicle while disqualified under this chapter.
(7) For drivers who are not required to always stop at a railroad crossing, failing to do any of the following:
(A) Slow down and determine that the railroad tracks are clear of an approaching train or other on-track equipment, in violation of IC 9-21-5-4, IC 9-21-8-39, IC 35-42-2-4, or any similar statute.
(B) Stop before reaching the railroad crossing, if the railroad tracks are not clear of an approaching train or other on-track equipment, in violation of IC 9-21-4-16, IC 9-21-8-39, or any similar statute.
(8) For all drivers, whether or not they are required to always stop at a railroad crossing, to do any of the following:
(A) Stopping in a railroad crossing, in violation of IC 9-21-8-50 or any similar statute.
(B) Failing to obey a traffic control device or failing to obey the directions of a law enforcement officer at a railroad crossing, in violation of IC 9-21-8-1 or any similar statute.
(C) Stopping in a railroad crossing because of insufficient undercarriage clearance, in violation of IC 35-42-2-4, IC 9-21-8-50, or any similar statute.
(b) Subsection (a)(1) and (a)(8) is intended to comply with the provisions of 49 U.S.C. 31311(a)(10) and regulations adopted under that statute.
