105 IAC 5 — ARTICLE 5. RAILROADS

TITLE 105 INDIANA DEPARTMENT OF TRANSPORTATION

ARTICLE 5. RAILROADS

105 IAC 5-1 Rule 1. Tariffs and Rates (Repealed)

Rule 1. Tariffs and Rates (Repealed)

(Repealed by Indiana Department of Transportation; filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

105 IAC 5-2 Rule 2. Abandonment of Railway Stations; Establishment of Interlocking Systems (Repealed)

Rule 2. Abandonment of Railway Stations; Establishment of Interlocking Systems (Repealed)

(Repealed by Indiana Department of Transportation; filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

105 IAC 5-3 Rule 3. Reporting of Railroad Accidents (Repealed)

Rule 3. Reporting of Railroad Accidents (Repealed)

(Repealed by Indiana Department of Transportation; filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

Rule 4

105 IAC 5-4-1 105 IAC 5-4-1 Submission of verified petition for relief from statutory track clearance requirements

Rule 4. Railroad Construction; Lateral and Vertical Clearance Requirements

105 IAC 5-4-1 Submission of verified petition for relief from statutory track clearance requirements

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").

(Indiana Department of Transportation; 105 IAC 5-4-1; filed May 7, 1982, 2:05 p.m.: 5 IR 1179; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2219; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA) NOTE: 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.

105 IAC 5-4-2 105 IAC 5-4-2 Designated form and verification of petition

105 IAC 5-4-2 Designated form and verification of petition

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.

(Indiana Department of Transportation; 105 IAC 5-4-2; filed May 7, 1982, 2:05 p.m.: 5 IR 1179; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2219; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA) NOTE: 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.

105 IAC 5-4-3 105 IAC 5-4-3 Service of petition upon interested parties

105 IAC 5-4-3 Service of petition upon interested parties

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.

(Indiana Department of Transportation; 105 IAC 5-4-3; filed May 7, 1982, 2:05 p.m.: 5 IR 1180; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2219; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA) NOTE: 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.

105 IAC 5-4-4 105 IAC 5-4-4 Procedure for summary relief and public hearings (Repealed)

105 IAC 5-4-4 Procedure for summary relief and public hearings (Repealed)

(Repealed by Indiana Department of Transportation; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2225)

105 IAC 5-4-5 105 IAC 5-4-5 Basis for granting requested relief

105 IAC 5-4-5 Basis for granting requested relief

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.

(Indiana Department of Transportation; 105 IAC 5-4-5; filed May 7, 1982, 2:05 p.m.: 5 IR 1180; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2219; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA) NOTE: 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.

105 IAC 5-4-5.1 105 IAC 5-4-5.1 Requests for review of the department's decision

105 IAC 5-4-5.1 Requests for review of the department's decision

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 Department of Transportation; 105 IAC 5-4-5.1; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2220; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

105 IAC 5-4-6 105 IAC 5-4-6 Minimum lateral clearances; docks

105 IAC 5-4-6 Minimum lateral clearances; docks

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.

(Indiana Department of Transportation; 105 IAC 5-4-6; filed May 7, 1982, 2:05 p.m.: 5 IR 1180; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2220; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA) NOTE: 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.

105 IAC 5-4-7 105 IAC 5-4-7 Minimum lateral clearances; multiple tracks

105 IAC 5-4-7 Minimum lateral clearances; multiple tracks

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.

(Indiana Department of Transportation; 105 IAC 5-4-7; filed May 7, 1982, 2:05 p.m.: 5 IR 1181; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2220; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA) NOTE: 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.

105 IAC 5-4-8 105 IAC 5-4-8 Minimum vertical clearances

105 IAC 5-4-8 Minimum vertical clearances

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.

(Indiana Department of Transportation; 105 IAC 5-4-8; filed May 7, 1982, 2:05 p.m.: 5 IR 1181; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2220; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA) NOTE: 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.

105 IAC 5-4-9 105 IAC 5-4-9 Crane operation over tracks

105 IAC 5-4-9 Crane operation over tracks

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.

(Indiana Department of Transportation; 105 IAC 5-4-9; filed May 7, 1982, 2:05 p.m.: 5 IR 1181; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2221; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA) NOTE: 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.

105 IAC 5-4-10 105 IAC 5-4-10 Lighted warning signs

105 IAC 5-4-10 Lighted warning signs

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.

(Indiana Department of Transportation; 105 IAC 5-4-10; filed May 7, 1982, 2:05 p.m.: 5 IR 1181; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2221; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA) NOTE: 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.

105 IAC 5-4-11 105 IAC 5-4-11 Tracks kept free of debris and spillage

105 IAC 5-4-11 Tracks kept free of debris and spillage

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.

(Indiana Department of Transportation; 105 IAC 5-4-11; filed May 7, 1982, 2:05 p.m.: 5 IR 1181; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2221; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA) NOTE: 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.

105 IAC 5-4-12 105 IAC 5-4-12 Reduced clearance; written notice

105 IAC 5-4-12 Reduced clearance; written notice

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.

(Indiana Department of Transportation; 105 IAC 5-4-12; filed May 7, 1982, 2:05 p.m.: 5 IR 1181; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2221; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA) NOTE: 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.

105 IAC 5-4-13 105 IAC 5-4-13 Appendix; warning sign specifications

105 IAC 5-4-13 Appendix; warning sign specifications

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-eighths (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 (11/2) inches high with brush strokes of at least one-fourth (1/4) 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).

(Indiana Department of Transportation; 105 IAC 5-4-13; filed May 7, 1982, 2:05 p.m.: 5 IR 1181; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2221; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA; errata filed Nov 20, 2025, 1:08 p.m.: 20251203-IR-105250705ACA) NOTE: 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.

105 IAC 5-5 Rule 5. Rail Service Continuation Subsidies (Repealed)

Rule 5. Rail Service Continuation Subsidies (Repealed)

(Repealed by Indiana Department of Transportation; filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

Rule 6

105 IAC 5-6-1 105 IAC 5-6-1 Completion of basic training course; waiver based on previous experience and training

Rule 6. Railroad Policemen; Basic Training and Fitness Standards

105 IAC 5-6-1 Completion of basic training course; waiver based on previous experience and training

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 police officer 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").

(Indiana Department of Transportation; 105 IAC 5-6-1; No. 34294: Fitness Standards for Railroad Policemen A; filed Jan 7, 1976, 10:30 a.m.: Rules and Regs. 1977, p. 325; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2222; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA; errata filed Nov 20, 2025, 1:08 p.m.: 20251203-IR-105250705ACA) NOTE: 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.

105 IAC 5-6-2 105 IAC 5-6-2 Location of basic training course

105 IAC 5-6-2 Location of basic training course

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.

(Indiana Department of Transportation; 105 IAC 5-6-2; No. 34294: Fitness Standards for Railroad Policemen B; filed Jan 7, 1976, 10:30 a.m.: Rules and Regs. 1977, p. 326; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2222; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA) NOTE: 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.

105 IAC 5-6-3 105 IAC 5-6-3 Failure to complete course; revocation of commission

105 IAC 5-6-3 Failure to complete course; revocation of commission

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.

(Indiana Department of Transportation; 105 IAC 5-6-3; No. 34294: Fitness Standards for Railroad Policemen C; filed Jan 7, 1976, 10:30 a.m.: Rules and Regs. 1977, p. 326; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2222; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA) NOTE: 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.

105 IAC 5-6-4 105 IAC 5-6-4 Minimum passing score

105 IAC 5-6-4 Minimum passing score

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.

(Indiana Department of Transportation; 105 IAC 5-6-4; No. 34294: Fitness Standards for Railroad Policemen D; filed Jan 7, 1976, 10:30 a.m.: Rules and Regs. 1977, p. 326; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2223; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA) NOTE: 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.

105 IAC 5-6-5 105 IAC 5-6-5 Eligibility for commission

105 IAC 5-6-5 Eligibility for commission

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 possess 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.

(Indiana Department of Transportation; 105 IAC 5-6-5; No. 34294: Fitness Standards for Railroad Policemen E; filed Jan 7, 1976, 10:30 a.m.: Rules and Regs. 1977, p. 326; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2223; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA; errata filed Nov 20, 2025, 1:08 p.m.: 20251203-IR-105250705ACA) NOTE: 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.

Rule 7

105 IAC 5-7-1 105 IAC 5-7-1 Definitions

Rule 7. Downgrading of Rail-Highway Crossing Protection

105 IAC 5-7-1 Definitions

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.

(Indiana Department of Transportation; 105 IAC 5-7-1; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2223; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

105 IAC 5-7-2 105 IAC 5-7-2 Submission of verified petition for the removal of automatic train-activated warning signals from rail-highway grade crossings

105 IAC 5-7-2 Submission of verified petition for the removal of automatic train-activated warning signals from rail-highway grade crossings

Authority: IC 8-6-7.7-2; IC 8-23-2-6

Affected: IC 8-6-7.7-1; IC 8-6-7.7-2

Sec. 2. Before any railroad carrier, party, person, association, municipality, or private corporation (hereinafter "petitioner") removes any automatic train-activated warning signals from a grade crossing (as defined by IC 8-6-7.7-1), a verified petition (hereinafter "petition") requesting the consent of the Indiana department of transportation (hereinafter "department") shall be submitted to the department.

(Indiana Department of Transportation; 105 IAC 5-7-2; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2224; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

105 IAC 5-7-3 105 IAC 5-7-3 Contents of the petition

105 IAC 5-7-3 Contents of the petition

Authority: IC 8-6-7.7-2; IC 8-23-2-6

Affected: IC 8-6-7.7-2

Sec. 3. The petition shall be in the form designated by the department and shall be verified by the petitioner.

(Indiana Department of Transportation; 105 IAC 5-7-3; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2224; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

105 IAC 5-7-4 105 IAC 5-7-4 Service of petition upon interested parties

105 IAC 5-7-4 Service of petition upon interested parties

Authority: IC 8-6-7.7-2; IC 8-23-2-6

Affected: IC 4-21.5; IC 8-6-7.7-2

Sec. 4. Petitioner shall, concurrrent with the filing of the petition with the department, serve a copy of the petition upon the utility consumer counselor's office and the local governing body.

(Indiana Department of Transportation; 105 IAC 5-7-4; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2224; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

105 IAC 5-7-5 105 IAC 5-7-5 Decision; review

105 IAC 5-7-5 Decision; review

Authority: IC 8-6-7.7-2; IC 8-23-2-6

Affected: IC 4-21.5; IC 8-6-7.7-2

Sec. 5. The department will decide whether to grant consent for the removal of the automatic train-activated warning signals within one hundred twenty (120) days of the petition's filing. The decision of the department with respect to consent for the removal of automatic train-activated warning signals shall be based upon the information contained in the petition, department inspection of the crossing in question, applicable statutes and regulations, and any other relevant information filed with the department. The petition will be approved if the department determines that the grade crossing may be safely utilized in the absence of automatic train-activated warning signals. Any interested party desiring review of the department's decision on the petition may petition for review under IC 4-21.5.

(Indiana Department of Transportation; 105 IAC 5-7-5; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2224; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

105 IAC 5-7-6 105 IAC 5-7-6 Requests for public hearing

105 IAC 5-7-6 Requests for public hearing

Authority: IC 8-6-7.7-2; IC 8-23-2-6

Affected: IC 4-21.5; IC 8-6-7.7-2

Sec. 6. If an interested party requests a public hearing on the petition at any time before the department has reached a decision, the department will conduct such a hearing under the provisions of IC 4-21.5. If such a hearing is requested, the one hundred twenty (120) day decision deadline set in section 5 of this rule will be postponed until the hearing process is complete.

(Indiana Department of Transportation; 105 IAC 5-7-6; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2224; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

Rule 8

105 IAC 5-8-1 105 IAC 5-8-1 Submission of verified petition to establish, alter, or relocate a rail-highway grade crossing

Rule 8. Crossing Construction or Relocation

105 IAC 5-8-1 Submission of verified petition to establish, alter, or relocate a rail-highway grade crossing

Authority: IC 8-6-1-7; IC 8-6-1-9; IC 8-23-2-6

Affected: IC 8-6-1

Sec. 1. Before any railroad carrier, or any party, person, association, municipality, or private corporation (hereinafter "petitioner") constructs, alters, or relocates a rail-highway grade crossing, a verified petition (hereinafter "petition") requesting the approval of the Indiana department of transportation (hereinafter "department") shall be submitted to the department.

(Indiana Department of Transportation; 105 IAC 5-8-1; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2224; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

105 IAC 5-8-2 105 IAC 5-8-2 Contents of the petition

105 IAC 5-8-2 Contents of the petition

Authority: IC 8-6-1-7; IC 8-6-1-9; IC 8-23-2-6

Affected: IC 8-6-1

Sec. 2. The petition shall be in the form designated by the department and shall be verified by the petitioner.

(Indiana Department of Transportation; 105 IAC 5-8-2; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2224; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

105 IAC 5-8-3 105 IAC 5-8-3 Service of petition upon interested parties

105 IAC 5-8-3 Service of petition upon interested parties

Authority: IC 8-6-1-7; IC 8-6-1-9; IC 8-23-2-6

Affected: IC 4-21.5; IC 8-6-1

Sec. 3. Petitioner shall, concurrent with the filing of the petition with the department, serve a copy of the petition upon the Indiana consumer counselors' office and any other party of interest including but not limited to the railroad and the local governing body.

(Indiana Department of Transportation; 105 IAC 5-8-3; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2224; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

105 IAC 5-8-4 105 IAC 5-8-4 Decision; review

105 IAC 5-8-4 Decision; review

Authority: IC 8-6-1-7; IC 8-6-1-9; IC 8-23-2-6

Affected: IC 4-21.5; IC 8-6-1

Sec. 4. The department will decide whether to grant approval for the construction, alteration, or relocation of a rail-highway grade crossing within ninety (90) days of the petition's filing. Any interested party desiring review of the department's decision on the petition may petition for review under IC 4-21.5.

(Indiana Department of Transportation; 105 IAC 5-8-4; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2225; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

105 IAC 5-8-5 105 IAC 5-8-5 Requests for public hearing

105 IAC 5-8-5 Requests for public hearing

Authority: IC 8-6-1-7; IC 8-6-1-9; IC 8-23-2-6

Affected: IC 4-21.5; IC 8-6-1

Sec. 5. If an interested party requests a public hearing on the petition at any time before the department has reached a decision, the department will conduct such a hearing under the provisions of IC 4-21.5. If such a hearing is requested, the ninety (90) day decision deadline set in section 4 of this rule will be postponed until the hearing process is complete.

(Indiana Department of Transportation; 105 IAC 5-8-5; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2225; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

105 IAC 5-8-6 105 IAC 5-8-6 Written notice of compliance

105 IAC 5-8-6 Written notice of compliance

Authority: IC 8-6-1-7; IC 8-6-1-9; IC 8-23-2-6

Affected: IC 8-6-1

Sec. 6. Upon fulfillment of the provisions of the department's order, the petitioner shall notify the department in writing that all conditions have been complied with.

(Indiana Department of Transportation; 105 IAC 5-8-6; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2225; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

Rule 9

105 IAC 5-9-1 105 IAC 5-9-1 Submission of current operating rule book

Rule 9. Filing of Railroad Operating Information

105 IAC 5-9-1 Submission of current operating rule book

Authority: IC 8-3-1-1; IC 8-9-1-1

Affected: IC 8-9-1-1

Sec. 1. Any railroad operating or incorporated in Indiana shall submit one (1) copy of its current operating rule book covering operations in Indiana to the department of transportation ("department"). Rule books shall be filed with the department within fifteen (15) days of their adoption or amendment.

(Indiana Department of Transportation; 105 IAC 5-9-1; filed Jan 16, 1990, 4:50 p.m.: 13 IR 1014; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

105 IAC 5-9-2 105 IAC 5-9-2 Submission of current operating timetables

105 IAC 5-9-2 Submission of current operating timetables

Authority: IC 8-3-1-1; IC 8-3-1-18; IC 8-3-1-21

Affected: IC 8-3-1-18; IC 8-3-1-21

Sec. 2. Any railroad operating or incorporated in Indiana shall submit one (1) copy of its current operating timetable for any operations within Indiana to the department. Timetables shall be filed with the department within fifteen (15) days of their adoption or amendment.

(Indiana Department of Transportation; 105 IAC 5-9-2; filed Jan 16, 1990, 4:50 p.m.: 13 IR 1014; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

105 IAC 5-9-3 105 IAC 5-9-3 Submission of bulletin orders and notices

105 IAC 5-9-3 Submission of bulletin orders and notices

Authority: IC 8-3-1-1; IC 8-3-1-18; IC 8-3-1-21

Affected: IC 8-3-1-18; IC 8-3-1-21

Sec. 3. Any railroad operating or incorporated in Indiana shall submit one (1) copy of any bulletin orders or employee notices that are issued covering any aspect of operations in Indiana to the department. Bulletin orders or employee notices shall be filed with the department within one (1) week of the time that they are issued.

(Indiana Department of Transportation; 105 IAC 5-9-3; filed Jan 16, 1990, 4:50 p.m.: 13 IR 1014; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)

Rule 10

105 IAC 5-10-1 105 IAC 5-10-1 Criteria for opening a crossing

Rule 10. Opening and Closing Railroad Crossings

105 IAC 5-10-1 Criteria for opening a crossing

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 https://www.in.gov/dot/div/contracts/design/mutcd/mutcd.html. 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 passengers 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.

(Indiana Department of Transportation; 105 IAC 5-10-1; filed Jun 17, 1998, 9:00 a.m.: 21 IR 4190; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; filed Aug 5, 2002, 1:05 p.m.: 25 IR 4051; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA; errata filed Nov 20, 2025, 1:08 p.m.: 20251203-IR-105250705ACA)

105 IAC 5-10-2 105 IAC 5-10-2 Criteria for abolishing a crossing

105 IAC 5-10-2 Criteria for abolishing a crossing

Authority: IC 8-6-7.7-3.1; IC 8-23-2-6

Affected: IC 8-6-7.7

Sec. 2. Subject to the provisions of IC 8-6-7.7, a crossing may be closed 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) The crossing is located where passenger train service operates at greater than ten (10) m.p.h. (FRA Accepted Track Classification). In cases where passenger service does not operate, this criteria is not applicable.

(2) The crossing is located in a rail line section with at least four (4) crossings within an urban area and three (3) at grade crossing within a rural area within a one (1) mile segment along the railroad corridor.

(3) The crossing has an accident prediction rate of two-hundredths (.02) or higher, as determined by the Federal Railroad Administration's (FRA) Accident Prediction methodology, as set forth in the Rail-Highway Crossing Resource Allocation Procedure, Third Edition, August 1987.

(4) The crossing has an average annual daily traffic (AADT) of five hundred (500) or less within rural areas or one thousand (1,000) or less within urbanized areas, where the traffic collection procedure is completed by guidance provided in the Federal Highway Administration's (FHWA) Traffic Monitoring Guide, Third Edition, February 1995. This requirement shall not be applicable when it refers to a nonmotorized public grade crossing.

(5) The posted or established speed limit on the road through the crossing exceeds ten (10) m.p.h. within one thousand (1,000) feet of the crossing. This requirement shall not be applicable when it refers to a nonmotorized public grade crossing.

(6) The crossing has more than ten (10) train movements per day which utilize the crossing.

(7) The crossing is located where freight train service operates at greater than twenty-five (25) m.p.h. (Class 2 FRA track classification or higher).

(8) The crossing has, at a minimum, a standard crossbuck or a standard crossbuck with flasher or other activated warning device.

(9) The roadway approach to the crossing is skewed or the physical characteristics of the crossing otherwise limit the ability to traverse the crossing in a safe manner.

(10) If the crossing is utilized by the following types of vehicles, then the use by such vehicles should be considered in determining whether a crossing stays open or is closed. The presence or lack of presence of any of the following types of vehicles may not solely be responsible for closure or nonclosure of a crossing:

(A) Trucks carrying hazardous materials.

(B) Vehicles carrying passengers for hire.

(C) School buses.

(D) Emergency vehicles.

(Indiana Department of Transportation; 105 IAC 5-10-2; filed Jun 17, 1998, 9:00 a.m.: 21 IR 4191; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; filed Aug 5, 2002, 1:05 p.m.: 25 IR 4052; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA)