Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 10 - Opening and Closing Railroad Crossings › Section 10-1 - Criteria for opening a crossing

Current through July 10, 2024
Authority: IC 8-6-7.7-3.1; IC 8-23-2-6
Affected: IC 8-6-1-7; IC 8-6-7.7
Sec. 1.
Subject to the provisions of IC 8-6-1-7 and IC 8-6-7.7, the
				  department may approve a petition to open a crossing after making findings and
				  conclusions which reflect consideration of all the following factors, to the
				  extent that same are relevant to the crossing decision under
				  consideration:
(1) Passenger trains do
				not operate in excess of sixty (60) m.p.h. at the location of the proposed
				crossing (Class 3 FRA track classification or higher). In cases where passenger
				service does not operate, this criteria is not applicable.
(2) An alternate public crossing is not
				located within one (1) mile of the proposed crossing.
(3) No crossings within two (2) miles of the
				proposed crossing have had at least three (3) accidents in the preceding five
				(5) years, with the expected characteristics of the proposed crossing being
				similar to the nearby crossings. Characteristics for all crossings within two
				(2) miles of the proposed crossing must be submitted with the
				petition.
(4) The proposed crossing
				will have expected average annual daily traffic (AADT) of five hundred (500) or
				greater in rural areas or one thousand (1,000) or greater in urbanized areas,
				where the traffic collection procedure is completed in accordance with the
				Federal Highway Administration's (FHWA) Traffic Monitoring Guide, Third
				Edition, February 1995. This requirement shall not be applicable where a
				nonmotorized public grade crossing has been petitioned to the department for
				opening.
(5) Consideration shall be
				given to the overall design speed of the roadway approaches involving the
				proposed grade crossing. This requirement shall not be applicable where a
				nonmotorized public grade crossing has been petitioned to the department for
				opening.
(6) There are not more
				than ten (10) train movements per day at the proposed crossing.
(7) Freight trains do not operate in excess
				of twenty-five (25) m.p.h. at the location of the proposed crossing (Class 2
				FRA track classification or higher).
(8) The proposed crossing has, at a minimum,
				standard crossbucks, pavement markings, and flashing lights. Any proposed
				crossing must also meet all standards for a rail-highway intersection as
				provided in the Indiana Manual on Uniform Traffic Control Devices, which is
				incorporated by reference at
				105
				IAC 9-2-1. The requirement for flashing lights may be
				waived if the petitioner can demonstrate that such devices are not essential
				for safety at the proposed crossing.
(9) The proposed crossing is not within two
				hundred (200) feet of a roadway intersection. Adjustment of this criteria will
				consider the maximum queue expected for the design hour.
(10) The proposed crossing does not have, at
				a minimum, an eighty (80) degree intersection alignment.
(11) The proposed crossing will not provide
				access for trucks carrying hazardous materials unless the utilization of the
				crossing by such traffic is incidental.
(12) The proposed crossing will not provide
				access for vehicles carrying passenger for hire unless the utilization of the
				crossing by such traffic is incidental.
(13) The proposed crossing will not provide
				access for school buses unless the use of the crossing by the school bus
				traffic provides enhanced safety over other transportation routes, as
				documented by the highest school transportation official.
(14) The proposed crossing will provide
				improved safety access for emergency vehicles. The department requires
				documentation from the highest emergency response official whose jurisdiction
				is located where the crossing is proposed for opening.
(15) While a new crossing may satisfy the
				conditions listed in this section, if it can be shown by evidence that there
				are extenuating circumstances which, in the opinion of the department, a new
				crossing would still constitute a hazard, it would be denied.
(16) While a new crossing may not satisfy the
				conditions listed in this section, if it can be shown by evidence that there
				are extenuating circumstances which, in the opinion of the department, a new
				crossing would still be justified, it would be approved.