reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-44 - Form of contracts

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 44.
(a)170 IAC
				3-1.1-44.1 through 170 IAC 3-1.1-50.1
[this section and sections 45
				through 50 of this rule]
govern the filing of contracts for railroad
				transportation services entered into by one or more rail carriers with one or
				more purchasers of rail service.
(b) Contracts for railroad transportation
				services and contract summaries shall be filed with the commission in
				accordance with the special tariff rules for contracts prescribed in these
				sections.
(c) All contracts and
				amendments shall be of a size not less than 8 by 10½ inches nor greater
				than 8½ by 14 inches; all contract summaries and supplements shall be a
				size not less than 8 by 10½ inches nor greater than 8½ by 11
				inches, any amendment to a contract shall be the same size as the contract and
				any supplement to a summary shall be the same size as the summary, all shall be
				clear, legible, and on durable paper.
Transferred from Department of Transportation ( 100 IAC
					 6-1-44 ) to Indiana Department of Transportation ( 105 IAC 5-1-44 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-45 - Filing of contract and summary; availability

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 45.
(a) A
				railroad or railroads entering into a contract for transportation services with
				one or more purchasers of rail service shall file with the commission the
				original and one copy of the contract and two copies of the contract summary
				with the Public Service Commission, Transportation Department, 901 State Office
				Building, Indianapolis, Indiana 46204.
(1)
				Contracts and contract summaries shall not be filed in the same packages with
				standard tariff filings.
(2) The
				confidential contract shall not be attached to the contract summary.
(3) The envelope or wrapper containing the
				contract and summary shall be marked "confidential, rail contract."
(4) A contract and summary shall be
				accompanied by a transmittal letter identifying the submitted documents, and
				the name and telephone number of a contact person.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-46 - Contract title page

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 46.
(a) The
				title page of every contract and amendment shall contain only the following
				information:
(1) In the upper right corner,
				the contract number (see 170 IAC 3-1.1-47.1
[section 47 of this
				rule]
).
(2) In the center
				of the page, the issuing carrier's name, followed by the word "CONTRACT" in
				large print.
(3) Amendments to
				contracts shall also show, in the upper right corner, the amendment number (see
				170 IAC 3-1.1-47.1
[section 47 of this rule]
).
(4) A solid one inch black border down the
				right side of the title page.
(5)
				Date of issue and date to be effective.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-47 - Contract numbering system

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 47.
(a) Each
				issuing carrier shall sequentially number the contract and contract summary it
				issues. The contract and contract summary identification number shall include
				the word "PSCI", the industry standard alphabet code for the issuing railroad
				(limited to four letters), the letter "C," and the sequential number, with each
				separated by a hyphen. The following example: the 357th contract filed by
				Milwaukee Road would have the following tariff identification number:
				"PSCI-MILW-C-0357."
(b) Any
				amendment to a contract shall be reflected in a corresponding supplement to the
				contract summary. If the change in the contract is only a confidential matter,
				a statement to that effect will be made in the supplement.
(c) At the carrier's option, the carrier's
				tariff publishing officers may reserve blocks of numbers if tariffs are issued
				from different departments. An index to the blocks of reserved numbers shall be
				filed with the commission.
(d)
				Contract amendments and contract summary supplements shall be sequentially
				numbered.
Transferred from Department of Transportation ( 100 IAC
					 6-1-47 ) to Indiana Department of Transportation ( 105 IAC 5-1-47 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-49 - Contract summary availability

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 49.
Copies of contract summaries shall be available from the
				  transportation department of the public service commission.
Copies of contract summaries shall also be available from
				  carriers participating in the contract.
Transferred from Department of Transportation ( 100 IAC
					 6-1-49 ) to Indiana Department of Transportation ( 105 IAC 5-1-49 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-50 - Notice of filing

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 50.
All filed contracts (and amendments) and contract summaries
				  (and supplements) shall provide 30 days notice to the public as required by 49
				  U.S.C. Sec. 10713(c).
Transferred from Department of Transportation ( 100 IAC
					 6-1-50 ) to Indiana Department of Transportation ( 105 IAC 5-1-50 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-51 - Exemption proceedings

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 51.
Following an exemption decision by the interstate commerce
				  commission, the public service commission of Indiana will automatically,
				  without further order adopt the decision of the commission.
Transferred from Department of Transportation ( 100 IAC
					 6-1-51 ) to Indiana Department of Transportation ( 105 IAC 5-1-51 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 2 - Abandonment of Railway Stations; Establishment of Interlocking Systems › Section 2-1 - Discontinuance of intrastate passenger train service

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-3-1-1
Affected: IC 8-1-1-8; IC 8-4-12-1; IC 8-4-13-1
Sec. 1.
Before any railroad company engaged in intrastate commerce in
				  the State of Indiana shall discontinue any passenger train, or trains,
				  rendering intrastate service, such railroad company shall file its petition
				  with the Commission requesting authority so to do. In such petition such
				  company shall set out in detail the number and schedule of such train, or
				  trains, the name of the cities and towns served in the State of Indiana,
				  whether such trains transport mail, express, baggage and freight in addition to
				  passengers, total amount of revenue received from the operation of such trains
				  operating within the State of Indiana and the cost of such train operation for
				  the previous calendar year, and such other facts as may be necessary to fully
				  advise the Commission as to such passenger train service. Petitions filed under
				  Rule 1 or 2 above set out will be docketed by the Commission and set for public
				  hearings, and at least ten days notice thereof will be given by publication as
				  required by law.
Transferred from Department of Transportation ( 100 IAC
					 6-2-1 ) to Indiana Department of Transportation ( 105 IAC 5-2-1 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 2 - Abandonment of Railway Stations; Establishment of Interlocking Systems › Section 2-2 - Interlocking defined

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-3-1-1
Affected: IC 8-3-1-1
Sec. 2.
The term "interlocking" shall be defined as including
				  manually or automatically controlled interlocking at railroad crossings, at
				  grade or draw-bridges as provided by Federal Signal Act of 1937, and as it may
				  be amended and the orders of the Interstate Commerce Commission made
				  thereunder.
Transferred from Department of Transportation ( 100 IAC
					 6-2-2 ) to Indiana Department of Transportation ( 105 IAC 5-2-2 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 2 - Abandonment of Railway Stations; Establishment of Interlocking Systems › Section 2-3 - Application for approval of interlocking devices

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-3-1-1
Affected: IC 8-3-1-1
Sec. 3.
Any railroad submitting application specifications and
				  blueprints to the Interstate Commerce Commission seeking approval of any
				  interlocking plant matters requiring Interstate Commerce Commission approval,
				  shall concurrently submit to this Commission a copy of such information for
				  study and record.
Transferred from Department of Transportation ( 100 IAC
					 6-2-3 ) to Indiana Department of Transportation ( 105 IAC 5-2-3 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 2 - Abandonment of Railway Stations; Establishment of Interlocking Systems › Section 2-4 - Order of approval of interlocking devices

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-3-1-1
Affected: IC 8-3-1-1
Sec. 4.
If and when the Interstate Commerce Commission renders an
				  order on an application as set out in rule 4
[section 3 of this
				  rule]
, a copy of same shall be submitted to this Commission as a
				  matter of record.
Transferred from Department of Transportation ( 100 IAC
					 6-2-4 ) to Indiana Department of Transportation ( 105 IAC 5-2-4 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 2 - Abandonment of Railway Stations; Establishment of Interlocking Systems › Section 2-5 - Installation, inspection, maintenance and repair of devices; applicable federal standards

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-3-1-1
Affected: IC 8-3-1-1
Sec. 5.
Rules, standards and instructions for installation,
				  inspection and maintenance and repair of interlocking as promulgated and
				  established by the Interstate Commerce Commission in accordance with paragraph
				  C, Section 26, of the Interstate Commerce Commission Act, as amended August 26,
				  1937, and effective September 1, 1939, commonly known as the Signal Inspection
				  Act, shall govern interlocking within the State of Indiana.
Such rules hereby adopted by reference are set out in an
				  Interstate Commerce Commission pamphlet now on file in the office of the
				  Secretary and the office of the Railroad Inspector's Department of the Public
				  Service Commission of Indiana and are entitled:
"Rules, Standards, and Instructions for installation,
				  inspection, maintenance, and repair of Automatic Block Signal Systems,
				  interlocking centralized traffic control systems, automatic train stop and
				  train control systems, automatic cab signal systems continuously controlled
				  (without automatic train stop or train control), dragging equipment and slide
				  detectors and other similar protective devices, other similar appliances,
				  methods, and systems."
Transferred from Department of Transportation ( 100 IAC
					 6-2-5 ) to Indiana Department of Transportation ( 105 IAC 5-2-5 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 2 - Abandonment of Railway Stations; Establishment of Interlocking Systems › Section 2-6 - Notice of completion

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-3-1-1
Affected: IC 8-3-1-1
Sec. 6.
This Commission shall be notified in writing when
				  interlocking changes approved by the Interstate Commerce Commission shall have
				  been completed and placed in service so that this Commission may at its
				  convenience make such inspections as it deems necessary.
Transferred from Department of Transportation ( 100 IAC
					 6-2-6 ) to Indiana Department of Transportation ( 105 IAC 5-2-6 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 2 - Abandonment of Railway Stations; Establishment of Interlocking Systems › Section 2-7 - Full stop not required

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-3-1-1
Affected: IC 8-3-1-1
Sec. 7.
When the interlocking has been constructed and is maintained
				  in compliance with Rule 6
[section 5 of this rule]
of this
				  order then and in that case, it is lawful for the engines and trains of such
				  railroad, or railroads, to pass over such crossings and drawbridges without
				  first coming to a full stop as prescribed by the Indiana statutes.
Transferred from Department of Transportation ( 100 IAC
					 6-2-7 ) to Indiana Department of Transportation ( 105 IAC 5-2-7 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 2 - Abandonment of Railway Stations; Establishment of Interlocking Systems › Section 2-8 - Operation and maintenance removal

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-3-1-1
Affected: IC 8-3-1-1
Sec. 8.
Railroad employees whose duties require it shall be
				  furnished with a copy of the railroad company's rules and regulations for the
				  guidance of employees in the operation and maintenance of interlocking; such
				  rules shall include the use of hand signals when fixed signals become
				  inoperative.
Transferred from Department of Transportation ( 100 IAC
					 6-2-8 ) to Indiana Department of Transportation ( 105 IAC 5-2-8 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 2 - Abandonment of Railway Stations; Establishment of Interlocking Systems › Section 2-9 - Discontinuance of service; notice

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-3-1-1
Affected: IC 8-3-1-1
Sec. 9.
When an interlocking is taken out of service train and
				  engine movements through the plant must be made in accordance with precautions
				  prescribed by statutes governing train movements over and across
				  non-interlocking railroad grade crossings and drawbridges, and this Commission
				  so notified of the change in operation when such change is in excess of a
				  period of 48 hours.
Transferred from Department of Transportation ( 100 IAC
					 6-2-9 ) to Indiana Department of Transportation ( 105 IAC 5-2-9 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 2 - Abandonment of Railway Stations; Establishment of Interlocking Systems › Section 2-10 - Inspection of devices

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-3-1-1
Affected: IC 8-3-1-1
Sec. 10.
The Railroad Department of this Commission may make periodic
				  inspections of any interlocking within the State of Indiana with the view of
				  keeping the Commission fully and properly informed as to the condition of
				  railroads and the manner in which they are operated with reference to the
				  security and accommodation of the public.
Transferred from Department of Transportation ( 100 IAC
					 6-2-10 ) to Indiana Department of Transportation ( 105 IAC 5-2-10 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 3 - Reporting of Railroad Accidents › Section 3-1 - Reporting requirements

Current through July 10, 2024
Authority: IC 8-3-1-1; IC 8-23-2-6
Affected: IC 8-3-1-21; IC 8-9-1-4
Sec. 1.
Whenever any railroad, railway company, or corporation
				  operating in rail transportation and engaged in intrastate commerce within the
				  state of Indiana suffers accident, as described in IC 8-3-1-21, the railroad
				  division of the Indiana department of transportation shall be notified
				  immediately, either by telegram or telephone. Providing that, should such
				  accident occur other than during regular office hours of the department, i.e.,
				  8:00 a.m. to 4:30 p.m., or on Saturday, Sunday, or holidays, such report will
				  be made to the operation center of the Indiana state police department,
				  Indianapolis, (telephone 317-232-8250) with the request that the investigator
				  of the railroad division, then designated as the duty officer, be notified
				  immediately.
Transferred from Department of Transportation ( 100 IAC
					 6-3-1 ) to Indiana Department of Transportation ( 105 IAC 5-3-1 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 3 - Reporting of Railroad Accidents › Section 3-2 - Accident defined

Current through July 10, 2024
Authority: IC 8-3-1-1
Affected: IC 8-3-1-21; IC 8-9-1-4
Sec. 2.
Accident in Section I
[section 1 of this rule]
is defined as serious injury or death to employee, passenger,
				  trespasser, pedestrian, cyclist or motorist at any crossing; or derailment,
				  collision (head-on or rear-end) or sideswipe of railroad cars and/or
				  locomotives, regardless of type, that results in death or serious injury to the
				  public; or damage to other than railroad property that would affect the safety
				  or welfare of employees, passengers or the general public; or where explosives,
				  chemicals, flammables or other hazardous or noxious lading is involved to the
				  extent cars or locomotives are ruptured, afire or in any condition that would
				  affect the safety or welfare of employees, passengers or the general
				  public.
Transferred from Department of Transportation ( 100 IAC
					 6-3-2 ) to Indiana Department of Transportation ( 105 IAC 5-3-2 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 3 - Reporting of Railroad Accidents › Section 3-3 - Accidents not within definition of preceding section; reporting requirements

Current through July 10, 2024
Authority: IC 8-3-1-1
Affected: IC 8-3-1-21; IC 8-9-1-4
Sec. 3.
Accidents not covered in Section II
[section 2 of
				  this rule]
in excess of $1,750.00 (as outlined in D.O.T. Rules) and
				  crossing accidents not covered in Section II
[section 2 of this rule]
are to be reported on monthly reports to be submitted within 30 days
				  after close of reporting month.
Transferred from Department of Transportation ( 100 IAC
					 6-3-3 ) to Indiana Department of Transportation ( 105 IAC 5-3-3 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 3 - Reporting of Railroad Accidents › Section 3-4 - Monthly follow-up reports

Current through July 10, 2024
Authority: IC 8-3-1-1
Affected: IC 8-3-1-21; IC 8-9-1-4
Sec. 4.
Accidents initially reported by telegram or telephone in
				  Section II
[section 2 of this rule]
are to be reported on
				  monthly reports to be submitted within 30 days after close of reporting month.
Transferred from Department of Transportation ( 100 IAC
					 6-3-4 ) to Indiana Department of Transportation ( 105 IAC 5-3-4 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 4 - Railroad Construction; Lateral and Vertical Clearance Requirements › Section 4-1 - Submission of verified petition for relief from statutory track clearance requirements

Current through July 10, 2024
Authority: IC 8-8-1-12; IC 8-23-2-6
Affected: IC 8-3-1-21; IC 8-8-1-11; IC 8-8-1-12; IC
				  8-9-1-4
Sec. 1.
Before any railroad carrier, or any party, person,
				  association, municipality, or private corporation (hereinafter "petitioner")
				  builds, maintains, alters, or rebuilds a structure, or any part thereof, which
				  will have less lateral or vertical clearance distance than provided for by
				  chapter 118 of the Acts of the Indiana general assembly of 1907, as amended, as
				  found at IC 8-8-1-11 through IC 8-8-1-12 (hereinafter the "Act"), a verified
				  petition setting forth the clearance distances requested (hereinafter the
				  "petition") shall be submitted to the department of transportation (hereinafter
				  the "department").
Transferred from Department of Transportation ( 100 IAC
					 6-4-1 ) to Indiana Department of Transportation ( 105 IAC 5-4-1 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 4 - Railroad Construction; Lateral and Vertical Clearance Requirements › Section 4-2 - Designated form and verification of petition

Current through July 10, 2024
Authority: IC 8-8-1-12; IC 8-23-2-6
Affected: IC 8-3-1-21; IC 8-8-1-11; IC 8-9-1-4
Sec. 2.
The petition shall be in the form designated by the
				  department and shall be verified by the petitioner.
Transferred from Department of Transportation ( 100 IAC
					 6-4-2 ) to Indiana Department of Transportation ( 105 IAC 5-4-2 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 4 - Railroad Construction; Lateral and Vertical Clearance Requirements › Section 4-3 - Service of petition upon interested parties

Current through July 10, 2024
Authority: IC 8-8-1-12; IC 8-23-2-6
Affected: IC 4-21.5; IC 8-3-1-21; IC 8-8-1-11; IC
				  8-9-1-4
Sec. 3.
Petitioner shall, concurrently with the filing of the
				  petition with the department, post and maintain (until thirty-one (31) days
				  after filing and service of the petition) a copy of the petition and all
				  attachments thereto at eye level in plain view at the site for which relief is
				  requested. The petitioner shall also serve a copy of the petition upon the
				  utility consumer counselors' office and any other party of interest. Said
				  service, and certification thereof, shall be made in the form and manner
				  provided by the Indiana Rules of Trial Procedure and IC 4-21.5.
Transferred from Department of Transportation ( 100 IAC
					 6-4-3 ) to Indiana Department of Transportation ( 105 IAC 5-4-3 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 4 - Railroad Construction; Lateral and Vertical Clearance Requirements › Section 4-5 - Basis for granting requested relief

Current through July 10, 2024
Authority: IC 8-8-1-12; IC 8-23-2-6
Affected: IC 8-3-1-21; IC 8-8-1-11; IC 8-9-1-4
Sec. 5.
The department will decide whether to grant relief from the
				  statutory track clearance requirements within sixty (60) days of the petition's
				  filing. The decision of the department with respect to reduction of a
				  statutorily required clearance distance shall be based upon the necessity for
				  such relief and whether the clearance area may be safely utilized if such
				  relief is granted.
Transferred from Department of Transportation ( 100 IAC
					 6-4-5 ) to Indiana Department of Transportation ( 105 IAC 5-4-5 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 4 - Railroad Construction; Lateral and Vertical Clearance Requirements › Section 4-5.1 - Requests for review of the department's decision

Current through July 10, 2024
Authority: IC
				  8-8-1-12;
				  IC
				  8-23-2-6
Affected: IC 4-21.5; IC
				  8-3-1-21;
				  IC
				  8-8-1-11;
				  IC
				  8-9-1-4
Sec. 5.1.
Any interested party desiring review of the department's
				  decision on the petition may petition for review under IC 4-21.5.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 4 - Railroad Construction; Lateral and Vertical Clearance Requirements › Section 4-6 - Minimum lateral clearances; docks

Current through July 10, 2024
Authority: IC 8-8-1-12; IC 8-23-2-6
Affected: IC 8-3-1-21; IC 8-8-1-11; IC 8-9-1-4
Sec. 6.
Where relief is sought from the lateral clearance distances
				  required by the Act for a public or private dock ("dock" being defined as any
				  structure from which railroad cars are loaded or unloaded), the department may
				  grant such relief in accordance with the following provisions:
(1) That access is available to the dock
				surface by stair or ladder on the side from which normal duties will be
				performed.
(2) That a clearance
				distance of at least eight (8) feet is maintained on the side of the tracks
				opposite from the structure.
(3)
				That a yellow stripe, measuring not less than four (4) inches in width and
				extending the length of the dock within the clearance area, will be painted
				upon the surface of the dock not less than eight (8) feet from the center of
				the track and no structure, device, or materials shall be installed or
				maintained on the surface of the dock between the yellow line and the center of
				the track during any movement of railroad cars in the clearance area.
(4) That if the dock is located inside a
				structure, a ground level pedestrian doorway (of normal and customary
				proportions) into the structure and with access to the dock will be maintained
				on each side of the structure from which normal duties will be
				performed.
Transferred from Department of Transportation ( 100 IAC
					 6-4-6 ) to Indiana Department of Transportation ( 105 IAC 5-4-6 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 4 - Railroad Construction; Lateral and Vertical Clearance Requirements › Section 4-7 - Minimum lateral clearances; multiple tracks

Current through July 10, 2024
Authority: IC 8-8-1-12; IC 8-23-2-6
Affected: IC 8-3-1-21; IC 8-8-1-11; IC 8-9-1-4
Sec. 7.
A petition of the type outlined in sections 1 through 5.1 of
				  this rule is required where relief is sought from the clearance distances
				  required by the Act for clearance areas involving the entrance of two (2) or
				  more railroad tracks into a structure.
Transferred from Department of Transportation ( 100 IAC
					 6-4-7 ) to Indiana Department of Transportation ( 105 IAC 5-4-7 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 4 - Railroad Construction; Lateral and Vertical Clearance Requirements › Section 4-8 - Minimum vertical clearances

Current through July 10, 2024
Authority: IC 8-8-1-12; IC 8-23-2-6
Affected: IC 8-3-1-21; IC 8-8-1-11; IC 8-9-1-4
Sec. 8.
A petition of the type outlined in sections 1 through 5.1 of
				  this rule is required where relief is sought from the vertical clearance
				  distance above any part of railroad tracks as required by the
				  Act.
Transferred from Department of Transportation ( 100 IAC
					 6-4-8 ) to Indiana Department of Transportation ( 105 IAC 5-4-8 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 4 - Railroad Construction; Lateral and Vertical Clearance Requirements › Section 4-9 - Crane operation over tracks

Current through July 10, 2024
Authority: IC 8-8-1-12; IC 8-23-2-6
Affected: IC 8-3-1-21; IC 8-8-1-11; IC 8-9-1-4
Sec. 9.
A petition of the type outlined in sections 1 through 5.1 of
				  this rule is required where relief is sought from the vertical clearance
				  distance required by the Act due to the operation of an overhead crane above
				  the railroad tracks. The department may approve such operation provided that,
				  in addition to the sign hereinafter provided, a flashing red light shall be
				  located on each side of the tracks at eight (8) feet to twelve (12) feet above
				  the level of the top of the rails of the track in advance of the clearance area
				  (erected and maintained in the size, manner, and in such a position as the
				  department may direct) and that said light shall be lighted at all times that
				  such crane is operating above the tracks and extinguished only when the crane
				  and appurtenances thereto are no longer within the clearance distances
				  prescribed by the Act.
Transferred from Department of Transportation ( 100 IAC
					 6-4-9 ) to Indiana Department of Transportation ( 105 IAC 5-4-9 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 4 - Railroad Construction; Lateral and Vertical Clearance Requirements › Section 4-10 - Lighted warning signs

Current through July 10, 2024
Authority: IC 8-8-1-12; IC 8-23-2-6
Affected: IC 8-3-1-21; IC 8-8-1-11; IC 8-9-1-4
Sec. 10.
For each clearance area that the department has approved a
				  reduction of the clearance distance required by the Act, separately lighted
				  warning signs advising of the close clearance distance, as described in section
				  13 of this rule hereto, will be erected and maintained in the size, manner, and
				  in such positions as the department may direct.
Transferred from Department of Transportation ( 100 IAC
					 6-4-10 ) to Indiana Department of Transportation ( 105 IAC 5-4-10 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 4 - Railroad Construction; Lateral and Vertical Clearance Requirements › Section 4-11 - Tracks kept free of debris and spillage

Current through July 10, 2024
Authority: IC 8-8-1-12; IC 8-23-2-6
Affected: IC 8-3-1-21; IC 8-8-1-11; IC 8-9-1-4
Sec. 11.
For each clearance area that the department has approved a
				  reduction of the clearance distance required by the Act, said clearance area
				  will be kept free of all debris, spillage, oil and grease, and the footing will
				  be maintained in a safe and even manner at all times.
Transferred from Department of Transportation ( 100 IAC
					 6-4-11 ) to Indiana Department of Transportation ( 105 IAC 5-4-11 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 4 - Railroad Construction; Lateral and Vertical Clearance Requirements › Section 4-12 - Reduced clearance; written notice

Current through July 10, 2024
Authority: IC 8-8-1-12; IC 8-23-2-6
Affected: IC 8-3-1-21; IC 8-8-1-11; IC 8-9-1-4
Sec. 12.
For each clearance area that the department has approved a
				  reduction of the clearance distance required by the Act, the petitioner and the
				  railroad serving the clearance area shall prior to the use of the clearance
				  area certify in writing to the department that written notice of the reduced
				  clearance has been provided to each of their respective employees, and other
				  third persons known by them to frequent the clearance area.
Transferred from Department of Transportation ( 100 IAC
					 6-4-12 ) to Indiana Department of Transportation ( 105 IAC 5-4-12 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 4 - Railroad Construction; Lateral and Vertical Clearance Requirements › Section 4-13 - Appendix; warning sign specifications

Current through July 10, 2024
Authority: IC 8-8-1-12; IC 8-23-2-6
Affected: IC 8-3-1-21; IC 8-8-1-11; IC 8-9-1-4
Sec. 13.
Each warning sign shall meet the following minimum
				  specifications:
(1) It shall be
				rectangular and constructed with dimensions of no less than twenty-four (24)
				inches in height and sixteen (16) inches in width.
(2) The sign shall be constructed of metal or
				wood and shall have a flat white background and black lettering.
(3) Where less than statutory lateral
				clearance is maintained the sign shall be worded as follows:
The word "WARNING" shall be printed on the sign with letters
				  at least three (3) inches in height and no less than three-eights
[sic.]
(3/8) inch in letter line or stroke width, with the top
				  edge of letters within two (2) inches of the top edge of the sign background.
				  The words, "No Clearance For Man On Side Of Car," shall be printed on the sign
				  in letters no less than one and one-half (1½) inches high with brush
				  strokes of at least one-fourth (¼) inch and placed three (3) lines below
				  the word "WARNING."
(4)
				Where less than statutory vertical clearance is maintained the words, "WARNING"
				and "No Clearance For Man On Top Of Car," shall be printed on the sign in
				accordance with the specifications set forth in subdivision (3).
Transferred from Department of Transportation ( 100 IAC
					 6-4-13 ) to Indiana Department of Transportation ( 105 IAC 5-4-13 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 5 - Rail Service Continuation Subsidies › Section 5-1 - Applicability of rule

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-3-1.5-2
Affected: IC 8-3-1.5-2; IC 8-3-1.5-23
Sec. 1.
Application of Rules. These rules shall apply to any
				  proceeding relative to rail service continuation assistance to rail segments
				  included in the State Rail Plan as eligible for such
				  assistance.
Transferred from Department of Transportation ( 100 IAC
					 6-5-1 ) to Indiana Department of Transportation ( 105 IAC 5-5-1 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 5 - Rail Service Continuation Subsidies › Section 5-2 - Policy statement; required contributions

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-3-1.5-2
Affected: IC 8-3-1.5-3; IC 8-3-1.5-23
Sec. 2.
Commission Policy. It shall be the policy of the Commission
				  in all proceedings hereunder to encourage and stimulate financial contribution
				  by rail users, local and/or regional transportation authorities and/or other
				  interested petitioning persons to the fullest extent possible toward any rail
				  service continuation assistance authorized by the Commission pursuant to the
				  State Rail Preservation Act
[IC 8-3-1.5]
, the objective being
				  that any rail segment designated by the State Rail Plan as eligible for rail
				  service continuation assistance shall become self-sustaining or fully
				  subsidized by those persons served by such rail segments at the earliest
				  possible date.
Transferred from Department of Transportation ( 100 IAC
					 6-5-2 ) to Indiana Department of Transportation ( 105 IAC 5-5-2 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 5 - Rail Service Continuation Subsidies › Section 5-3 - Definitions

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-3-1.5-2
Affected: IC 8-3-1.5-1; IC 8-3-1.5-23
Sec. 3.
Definitions.
(A)
				Where applicable the definitions set forth in the State Rail Preservation Act
[IC 8-3-1.5]
and the federal Regional Rail Reorganization Act
				of 1973 shall be applicable to these rules, and
(B) The term "Rail Segment" shall mean a
				portion of track identified by the United States Railway Association, in their
				Final System Plan, the limits of which are defined in terms of mile posts,
				and
(C) The term "Rail Service
				Continuation Assistance" shall mean any financial assistance provided to cover
				operating losses, rehabilitation, maintenance, administration or other services
				necessary for the continued operation of rail service on a rail segment,
				and
(D) The term "State Rail Plan"
				shall mean a comprehensive plan for rail segments not included in the Final
				System Plan of the United States Railway Association pursuant to the federal
				Regional Rail Reorganization Act of 1973 that must be prepared by the State of
				Indiana in order to receive federal funds pursuant to said act.
Transferred from Department of Transportation ( 100 IAC
					 6-5-3 ) to Indiana Department of Transportation ( 105 IAC 5-5-3 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 5 - Rail Service Continuation Subsidies › Section 5-4 - Administrative procedure; petitions; hearings

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-3-1.5-2
Affected: IC 8-1-2-47; IC 8-3-1.5-2; IC 8-3-1.5-23
Sec. 4.
Procedure.
(A) When
				consistent with these rules, the Rules and Regulations of This Commission
				Concerning Practices and Procedure, as found at Burns Indiana Administrative
				Rules and Regulations, Section 54-401
[IC 8-1-2-47]
et seq.,
				shall apply with respect to any proceeding conducted pursuant to the State Rail
				Preservation Act
[IC 8-3-1.5]
and these rules.
(B) Any interested person, jointly or
				separately, may apply for rail service continuation assistance with regard to
				any rail segment designated by the State Rail Plan as eligible therefor by
				petitioning the Public Service Commission of Indiana for such assistance within
				30 days of final approval by the Commission of the State Rail Plan, or any
				amendments to that Plan.
(C) All
				petitions filed hereunder shall specify:
(1)
				petitioner's interest in the rail segment involved.
(2) the specific rail segment involved and
				the name of the railroad operating company last known to petitioner to have
				operated rail service over such rail segment,
(3) a complete description of the nature and
				degree of the rail service continuation assistance requested,
(4) the petitioner's ability and intent to
				contribute toward the requested rail service continuation assistance and the
				nature of said contribution,
(5) a
				proposed timetable within which such rail segment may become self-sustaining or
				completely subsidized by petitioner.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 5 - Rail Service Continuation Subsidies › Section 5-5 - Department prerogatives

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-3-1.5-2
Affected: IC 8-3-1.5-2; IC 8-3-1.5-23
Sec. 5.
Commission Prerogatives. Notwithstanding any provision
				  herein contained, the Commission may at any time and at its discretion initiate
				  and conduct such proceedings as it deems appropriate with respect to rail
				  service continuation assistance or any other matter authorized by and not
				  inconsistent with the State Rail Preservation Act
[IC 8-3-1.5]
and the State Rail Plan.
Transferred from Department of Transportation ( 100 IAC
					 6-5-5 ) to Indiana Department of Transportation ( 105 IAC 5-5-5 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 6 - Railroad Policemen; Basic Training and Fitness Standards › Section 6-1 - Completion of basic training course; waiver based on previous experience and training

Current through July 10, 2024
Authority: IC 8-3-17-1; IC 8-23-2-6
Affected: IC 5-2-1-1; IC 5-2-1-11
Sec. 1.
All railroad police officers employed on or after January 1,
				  1976, by any railroad operating within the state of Indiana whether said
				  employment is on a probationary, permanent, or other basis, shall, within one
				  (1) year of the date of employment successfully complete the minimum basic
				  training course prescribed for Indiana railroad policemen by the Indiana law
				  enforcement training board (hereinafter the "board"). Provided, however, that
				  any such railroad policeman police officer
[sic.]
who has had
				  previous law enforcement training meeting or exceeding the standards prescribed
				  by the board may, upon proof of such previous experience and training and the
				  recommendation of the board, be granted a waiver of the training mandated
				  herein, at the discretion of the Indiana department of transportation
				  (hereinafter the "department").
Transferred from Department of Transportation ( 100 IAC
					 6-6-1 ) to Indiana Department of Transportation ( 105 IAC 5-6-1 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 6 - Railroad Policemen; Basic Training and Fitness Standards › Section 6-2 - Location of basic training course

Current through July 10, 2024
Authority: IC 8-3-17-1; IC 8-23-2-6
Affected: IC 5-2-1-1; IC 5-2-1-11
Sec. 2.
Said minimum basic training course will be taken at the
				  central training facility provided by the board.
Transferred from Department of Transportation ( 100 IAC
					 6-6-2 ) to Indiana Department of Transportation ( 105 IAC 5-6-2 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 6 - Railroad Policemen; Basic Training and Fitness Standards › Section 6-3 - Failure to complete course; revocation of commission

Current through July 10, 2024
Authority: IC 8-3-17-1; IC 8-23-2-6
Affected: IC 5-2-1-1; IC 8-3-17-3.5
Sec. 3.
Any railroad police officer described in section 1 of this
				  rule who fails to successfully complete said required basic training course
				  within one (1) year after first or original employment on or after January 1,
				  1976, shall have his or her commission revoked by the department after the
				  first anniversary of his date of appointment.
Transferred from Department of Transportation ( 100 IAC
					 6-6-3 ) to Indiana Department of Transportation ( 105 IAC 5-6-3 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 6 - Railroad Policemen; Basic Training and Fitness Standards › Section 6-4 - Minimum passing score

Current through July 10, 2024
Authority: IC 8-3-17-1; IC 8-23-2-6
Affected: IC 5-2-1-1; IC 8-3-17-3.5
Sec. 4.
The board shall establish, and apply uniformly to all
				  railroad police officers attending the central training facility, a minimum
				  passing score as prescribed by the board's basic training course for railroad
				  police officers.
Transferred from Department of Transportation ( 100 IAC
					 6-6-4 ) to Indiana Department of Transportation ( 105 IAC 5-6-4 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 6 - Railroad Policemen; Basic Training and Fitness Standards › Section 6-5 - Eligibility for commission

Current through July 10, 2024
Authority: IC 8-3-17-1; IC 8-23-2-6
Affected: IC 5-2-1-1; IC 8-3-17-3.5
Sec. 5.
In order to be eligible for commission as a railroad police
				  officer, an applicant must comply with the following:
(1) The applicant shall have reached his or
				her twenty-first birthday.
(2) The
				applicant shall possess an acuity of vision as prescribed by the
				board.
(3) The applicant shall be a
				high school graduate as evidenced by a diploma issued by a high school
				accredited by the department or agency of a state authorized to accredit high
				schools. An equivalency diploma issued by such an accredited high school is
				acceptable.
(4) The applicant shall
				posses
[sic.]
a valid driving license.
(5) The applicant shall be of good reputation
				and character. The employing railroad shall conduct a character and background
				investigation on each applicant prior to applicant receiving commission, and
				the results shall be submitted in written form (Appendix A attached) for
				inspection by the department or its authorized representative.
(6) The applicant shall not have been
				convicted of a felony or any crime involving moral turpitude. The applicant
				shall be fingerprinted and a search shall be made of local, state, and national
				fingerprint files to disclose any criminal conviction record; and the
				fingerprint cards and any identification records shall be submitted for
				inspection by the department or its authorized representative.
(7) A dishonorable discharge from military
				service shall disqualify the applicant and a discharge other than honorable may
				be grounds for rejection in accordance with subdivisions 5 through 6.
(8) A physician approved by the employing
				railroad with an unlimited license to practice medicine shall examine the
				applicant to aid in determining that the applicant is physically and
				emotionally fit for normal police functions. The applicant shall satisfy the
				minimum medical fitness standards of the employing railroad company. The
				results shall be retained in written form for inspection by the department or
				its authorized representative. A copy of the report of the physical examination
				shall be presented to the board in the prescribed form prior to acceptance for
				training at the central training facility. Such examination shall have been
				administered to the applicant within one (1) year prior to acceptance for
				training.
Transferred from Department of Transportation ( 100 IAC
					 6-6-5 ) to Indiana Department of Transportation ( 105 IAC 5-6-5 ) by P.L.
					 112-1989, SECTION 5, effective July 1,
					 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 7 - Downgrading of Rail-Highway Crossing Protection › Section 7-1 - Definitions

Current through July 10, 2024
Authority: IC
				  8-6-7.7-2;
				  IC
				  8-23-2-6
Affected: IC
				  8-6-7.7-2
Sec. 1.
For this rule, "automatic train-activated warning signal"
				  means gates, cantilever flashers, standard flashers, audibles, or
				  wigwags.