2014 Indiana Code TITLE 8. UTILITIES AND TRANSPORTATION ARTICLE 8. RAILROAD EQUIPMENT CHAPTER 1. GENERAL PROVISIONS
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IC 8-8
ARTICLE 8. RAILROAD EQUIPMENT
IC 8-8-1
Chapter 1. General Provisions
IC 8-8-1-1
Power driving wheel brakes; connections
Sec. 1. It shall be unlawful for any common carrier engaged in
moving traffic by railroad between points within this state to use on
its line any locomotive in moving such traffic not equipped with
power driving wheel brakes and appliances for operating the train
brake system, or to run any train in such traffic that has not
seventy-five (75) per cent of the cars in such train equipped with
power or train brakes, and having the brakes used and operated by the
engineer of the locomotive drawing such train, and all power brake
cars in such train shall be associated together and have their brakes
used and operated: Provided, That this section shall not apply to the
handling of trains or cars in yard service, or to a local train while
engaged in performing switching service.
(Formerly: Acts 1907, c.118, s.1.)
IC 8-8-1-2
Automatic couplers
Sec. 2. It shall be unlawful for any such common carrier to haul,
or permit to be hauled, or used, on its line, any locomotive, car,
tender or similar vehicle used in moving state traffic not equipped
with couplers coupling automatically by impact, and which can be
uncoupled without the necessity of persons going between the ends
of the cars.
(Formerly: Acts 1907, c.118, s.2; Acts 1975, P.L.76, SEC.4.)
IC 8-8-1-3
Grab-irons or handholds
Sec. 3. It shall be unlawful for any such common carrier to haul,
or permit to be hauled, or used, on its line, any locomotive, car,
tender, or similar vehicle used in moving of state traffic not provided
with secure grab-irons or handholds in the sides or ends thereof.
(Formerly: Acts 1907, c.118, s.3.)
IC 8-8-1-4
Draw bars; standard height
Sec. 4. It shall be unlawful for any such common carrier to use any
locomotive, tender, car or similar vehicle used in the movement of
state traffic, that is not provided with draw bars of standard height;
to wit, standard gauge cars thirty-four and one-half (34 1/2) inches;
narrow gauge cars twenty-six (26) inches; measured perpendicularly
from the level of the tops of the rails to the centers of the draw bars;
the maximum variation from such standard heights between draw
bars of empty and loaded cars shall be three (3) inches.
(Formerly: Acts 1907, c.118, s.4.)
IC 8-8-1-5
Application of law
Sec. 5. The provisions of sections 1, 2, and 4 of this chapter shall
also apply to locomotives, cars, and trains used in passenger traffic
between points within this state, in so far as the same are applicable
to the vehicles used in passenger train traffic; provided, that none of
the provisions of sections 1, 2, 3, and 4 of this chapter shall apply to
any street railroad, interurban, or suburban street railroad.
(Formerly: Acts 1907, c.118, s.5.) As amended by P.L.62-1984,
SEC.104.
IC 8-8-1-6
Interurban railways; track motorcars; brakes; hand brakes
Sec. 6. It shall be unlawful for any common carrier in this state
operating an interurban railway by electric power to operate or run
upon any railroad in this state any motorcar used in regular interurban
passenger traffic which is not equipped with an approved power air
brake, in good condition, and subject to the control, and operation of
the motorman in charge of such car, and of sufficient capacity to
control the speed of the car. It shall also be unlawful for any common
carrier, operating a steam or electric railway, and engaged in moving
traffic between points in this state, to operate or run upon any railroad
in this state any freight or passenger train which is not equipped, as
to, at least, as to a steam railroad seventy-five percent (75%), and as
to an interurban street railroad fifty percent (50%) of the cars in said
train, with an approved system of hand brakes in addition to the
power or train brakes required by section 1 of this chapter, which
hand brakes shall be kept at all times in proper working condition and
of sufficient capacity to control the speed of such train. Provided, that
the hand brakes upon every passenger coach, both steam and electric,
shall be so constructed that they can be operated in connection with
the air or power brakes upon such coach; provided, however, that
whenever such power air brakes become disabled from any cause
while such car is in service on any such railroad, then, if such car is
equipped with a hand brake sufficient therefor, it may complete its
run; and, provided further, that this chapter shall not make it unlawful
to run such disabled car to the most convenient repair shop upon the
road upon which it is then being operated; provided, that this chapter
shall not apply to city street railway cars, or cars engaged in suburban
traffic.
(Formerly: Acts 1907, c.118, s.6; Acts 1911, c.169, s.1.) As amended
by P.L.62-1984, SEC.105.
IC 8-8-1-7
Brakes; minimum percentage of cars in trains
Sec. 7. The Indiana department of transportation may, after full
hearing and for good cause shown, increase the minimum percentage
of cars in any train required to be operated by power or train brakes.
A failure to comply with a requirement of the department is subject
to a like penalty as a failure to comply with any requirement of this
chapter. The department may grant to any common carrier subject to
this chapter, upon full hearing and for good cause shown, a
reasonable extension of time in which to comply with this chapter.
The extension or extensions may not exceed eighteen (18) months.
(Formerly: Acts 1907, c.118, s.7.) As amended by P.L.62-1984,
SEC.106; P.L.384-1987(ss), SEC.70; P.L.18-1990, SEC.80.
IC 8-8-1-8
Improperly equipped cars; refusal to accept from connecting lines
Sec. 8. Any such common carrier may refuse to receive from its
connecting lines, or from any shipper, any car not equipped in
accordance with the provisions of this chapter.
(Formerly: Acts 1907, c.118, s.8.) As amended by P.L.62-1984,
SEC.107.
IC 8-8-1-9
Inspection
Sec. 9. The Indiana department of transportation shall enforce this
chapter. The department may, with the consent and approval of the
governor, appoint and pay an inspector, or inspectors, to assist in so
doing and in collecting the necessary information required for that
purpose. The department may adopt rules, not inconsistent with this
chapter, to control the conduct of its inspectors and such carriers in
reference to this chapter and such inspection. All carriers subject to
this chapter shall provide free transportation in Indiana for the
inspectors employed by the department, to be used only while
traveling on the business of the department.
(Formerly: Acts 1907, c.118, s.9.) As amended by P.L.62-1984,
SEC.108; P.L.384-1987(ss), SEC.71; P.L.18-1990, SEC.81.
IC 8-8-1-10
Violation; penalty; action to recover; exceptions
Sec. 10. Every common carrier, or the receiver thereof, using or
permitting to be used or hauled on its line a locomotive, tender, car,
or similar vehicle or train in violation of the provisions of this chapter
is liable to a penalty of one hundred dollars ($100) for each violation,
to be recovered in a suit or suits to be brought by and in the name of
the Indiana department of transportation in a circuit or superior court
of this state having jurisdiction over the offending carrier. This
chapter does not apply to locomotives, tenders, cars, or trains
exclusively used in the movement of logs when the height of the
draw bars on the locomotives, tenders, and cars does not exceed
twenty-five (25) inches or to locomotives, tenders, cars, similar
vehicles, or trains while any are in actual use in interstate commerce.
(Formerly: Acts 1907, c.118, s.10.) As amended by P.L.62-1984,
SEC.109; P.L.384-1987(ss), SEC.72; P.L.18-1990, SEC.82.
IC 8-8-1-11
Bridges; vertical clearances
Sec. 11. (a) It is unlawful for a railroad carrier in Indiana that
operates freight trains over its lines in the state to maintain over or
across its line in this state an overhead bridge, viaduct, or other
structure, the lowest point of which is less than twenty-one (21) feet
above the level of the top of the rails in the track of the carrier,
without obtaining the permission of the Indiana department of
transportation so to do.
(b) It is unlawful for a party, person, association, limited liability
company, or municipal or private corporation to construct or
maintain, across the track of a steam railroad carrier an overhead
bridge, viaduct, or other structure the lowest point of which is less
than twenty-one (21) feet above the level of the top of the rails in the
track without obtaining the permission of the Indiana department of
transportation to do so. This section does not apply to bridges or
viaducts within the limits of a city or incorporated town in the state.
This chapter does not modify the statutes concerning the location of
wires across railroads, street railroads, interurban, or suburban
railroads. No new structure or new railway bridge shall be built in
which the lowest point is less than twenty-two (22) feet above the
level of the top of the rails in the track of the carrier, without
obtaining permission of the Indiana department of transportation so
to do.
(Formerly: Acts 1907, c.118, s.11; Acts 1911, c.123, s.1; Acts 1949,
c.107, s.1; Acts 1951, c.23, s.1.) As amended by P.L.62-1984,
SEC.110; P.L.384-1987(ss), SEC.73; P.L.18-1990, SEC.83;
P.L.8-1993, SEC.141.
IC 8-8-1-12
Bridges and other structures; lateral clearance
Sec. 12. (a) It is unlawful for a railroad carrier in this state
engaged in operating a line of standard gauge railroad, or a person or
persons, association, municipal, or private corporation, to build or
maintain a structure or alter or rebuild a structure or railway bridge
along the line of the railroad in Indiana, in which that part of the
structure or bridge nearest to the track is less than seven (7) feet from
the center of the track, without first obtaining permission of the
Indiana department of transportation so to do.
(b) No new structure or new railway bridge shall be built in which
that part of the structure or bridge nearest to the track is less than
eight (8) feet from the center of the track without first obtaining
permission from the Indiana department of transportation. However:
(1) the clearance referred to in this section does not apply to
signal fixtures governing train operations within interlocking
limits; and
(2) the term "structures" as used in this section does not include
parallel or adjacent tracks, railroad crossings, crossovers,
turn-outs, or switches.
(Formerly: Acts 1907, c.118, s.12; Acts 1911, c.169, s.2; Acts 1949,
c.45, s.1.) As amended by P.L.62-1984, SEC.111; P.L.384-1987(ss),
SEC.74; P.L.18-1990, SEC.84.
IC 8-8-1-13
Violation of IC 8-8-1-12; penalty
Sec. 13. A person who violates section 12 of this chapter, after
receiving sixty (60) days notice from the Indiana department of
transportation that a provision of that section is being violated, is
subject to a penalty of five hundred dollars ($500) for each violation
to be recovered in an action to be brought by and in the name of the
department on behalf of the state in any circuit or superior court
having jurisdiction.
(Formerly: Acts 1907, c.118, s.13; Acts 1911, c.169, s.3.) As
amended by Acts 1978, P.L.2, SEC.826; P.L.384-1987(ss), SEC.75;
P.L.18-1990, SEC.85.
IC 8-8-1-14
Employees; death or personal injury; assumption of risk;
contributory negligence
Sec. 14. Any employee of any such common carrier who may be
killed or injured by any locomotive, tender, car, similar vehicle, or
train in use contrary to the provisions of this chapter, or who shall be
killed or injured on account of any of the structures forbidden in
sections 11 and 12 of this chapter, shall not be deemed thereby to
have assumed the risk thereby occasioned, although continuing in the
employment of such carrier after the unlawful use of such
locomotive, tender, car, similar vehicle, or train, or the maintenance
of such unlawful structures named in sections 11 and 12 of this
chapter had been brought to his knowledge, nor shall any such
employee be held as having contributed to his injury in any case
where the carrier shall have violated any of the provisions of this
chapter when such violation contributed to the death or injury of any
such employee.
(Formerly: Acts 1907, c.118, s.14.) As amended by P.L.62-1984,
SEC.112.
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