Daviess County - Indiana Criminal Code 2022

TRAFFIC CODE

49

Whenever a person who drives a vehicle approaches a railroad grade crossing, the person shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest track of the rail road and may not proceed until the person can do so safely under the following circumstances: (1) When a clearly visible electric or mechanical signal device gives warning of the immediate approach of a train or other on-track equipment. (2) When a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a train or other on-track equipment. (3) When a railroad train or other on-track equipment approaching within one thou sand five hundred (1,500) feet of a high way crossing emits an audible signal and because of speed or nearness to the cross ing is an immediate hazard. (4) When an approaching train or other on-track equipment is plainly visible and is in hazardous proximity to the crossing. 9-21-8-40. Vehicles requiring notice to railroad before crossing. (a) Aperson may not operate or move a cater pillar tractor, steam shovel, derrick, roller, or any equipment or structure weighing more than ten (10) tons and having a normal operating speed of not more than six (6) miles per hour or a vertical body or load clearance of less than nine (9) inches above the level surface of a roadway upon or across tracks at a railroad grade crossing without first complying with this section. (b) Notice of an intended crossing under this section shall be given to a superintendent of the railroad, and a reasonable time shall be given to the railroad to provide proper protection at the crossing. (c) Before making a crossing under this sec tion, the person operating or moving a vehicle or equipment described in subsection (a) shall first stop the vehicle or equipment not less than ten (10) feet and not more than fifty (50) feet from the near est rail or the railway. While stopped, the person shall listen and look in both directions along the track for an approaching train or other on-track equipment and for signals indicating the approach

the same direction as the approaching vehi cle; or (2) proceeding with due caution, reduce the speed of the vehicle to a speed at least (10) miles per hour less than the posted speed limit, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe. A person who violates this section commits a Class B infraction. (d) This section does not operate to relieve the person who drives an authorized emergency vehicle, a recovery vehicle, a utility service vehi cle, solid waste hauler, or a road, street, or high way maintenance vehicle from the duty to operate the vehicle with due regard for the safety of all per sons using the highway. 9-21-8-36. Yielding to pedestrian at crosswalk. Except as provided in IC 9-21-17-8 and IC 9 21-3-7(b)(4)(C), when traffic control signals are not in place or not in operation, a person who drives a vehicle shall yield the right-of-way, slow ing down or stopping if necessary to yield, to a pedestrian crossing the roadway within a cross walk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching closely from the opposite half of the roadway. 9-21-8-37. Avoiding pedestrians, children, bicycles and incapacitated persons. Notwithstanding other provisions of this arti cle or a local ordinance, a person who drives a vehicle shall do the following: (1) Exercise due care to avoid colliding with a pedestrian or a person propelling a human powered vehicle, giving an audible signal when necessary. (2) Exercise proper caution upon observ ing a child or an obviously confused, inca pacitated, or intoxicated person. 9-21-8-38. Driving through safety zone. Avehicle may not be driven through or within a safety zone. 9-21-8-39. Stopping at railroad crossing.