Sec. 40. (a) A person may not operate or move a caterpillar 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 section, 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 nearest 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 of a train or other on-track equipment. The person shall not proceed until the crossing can be made safely.
(d) A crossing may not be made when warning is given by automatic signal, crossing gates, a flagman, or otherwise of the immediate approach of a railroad train or other on-track equipment.
[Pre-1991 Recodification Citation: 9-4-1-109.]
As added by P.L.2-1991, SEC.9. Amended by P.L.8-2010, SEC.4.
Structure Indiana Code
Article 21. Traffic Regulation
9-21-8-1. Failure to Comply With Lawful Order or Law Enforcement Officer
9-21-8-2. Roadways; Use of Right Half; Exceptions; Traveling at Reduced Speeds
9-21-8-3. Lane Use Restrictions
9-21-8-4. Vehicles Proceeding in Opposite Directions; Single Lane Roadways; Passing
9-21-8-5. Overtaking and Passing; Limitations; Exceptions
9-21-8-6. Overtaking and Passing on the Right; Conditions
9-21-8-7. Overtaking and Passing on the Left; Conditions
9-21-8-7.5. Overtaking and Passing; Worksite No Passing Zones
9-21-8-8. Driving to the Left Side of the Roadway; Conditions
9-21-8-10.5. Right-of-Way in a Roundabout
9-21-8-11. Roadways Divided Into Three or More Clearly Marked Lanes; Rules
9-21-8-11.5. Roadways Divided Into Two or More Clearly Marked Lanes; Rules
9-21-8-12. Interstate Highways; Lane Use Restrictions for Trucks
9-21-8-13. Interstate Highways Consisting of at Least Three Lanes; Lane Use Restrictions for Trucks
9-21-8-14. Following Other Vehicles; Distance Restrictions
9-21-8-15. Trucks and Tractor-Trailers; Following Other Trucks; Distance Restrictions
9-21-8-16. Caravans and Motorcades; Distance Between Vehicles; Exceptions
9-21-8-17. Divided Highways; Restrictions
9-21-8-18. Limited Access Facilities; Entrance and Exit to and From
9-21-8-20. Pedestrians, Bicycles, and Other Nonmotorized Traffic; Prohibition on Use of Highways
9-21-8-21. Intersections; Right and Left Turns
9-21-8-22. Grades; Proceeding in Opposite Direction on Approach to Crest
9-21-8-23. Starting a Vehicle That Is Stopped, Standing, or Parked
9-21-8-26. Stopping or Sudden Decrease in Speed; Signal
9-21-8-28. Hand and Arm Signals; Left Turn; Right Turn; Decrease in Speed
9-21-8-29. Intersections; Vehicles Approaching From Different Highways; Yield of Right-of-Way
9-21-8-30. Intersections; Vehicles Approaching From Opposite Directions; Yield of Right-of-Way
9-21-8-31. Entrance to Through Highways; Stopping; Yield of Right-of-Way
9-21-8-32. Stop Signs at Intersections; Duty to Obey
9-21-8-33. Yield Signs; Collision With Pedestrian or Vehicle
9-21-8-34. Entrance to Highway From Private Road or Driveway; Yield of Right-of-Way
9-21-8-35. Vehicles Displaying Flashing Lights; Yield Right-of-Way; Violation
9-21-8-36. Traffic Control Signals Not in Operation
9-21-8-37. Pedestrians and Children; Due Care; Caution
9-21-8-39. Railroad Grade Crossings
9-21-8-40. Heavy Equipment or Structures; Railroad Grade Crossings; Notice; Procedure
9-21-8-41.5. Vehicle Entering School Crossing Zone; Obeyance of Instructions
9-21-8-41.7. Duty of Vehicle Operator to Obey Instructions of Railroad Flagman
9-21-8-42. Sidewalks; Approaching From an Alley, Driveway, or Building
9-21-8-43. Loaded Vehicles; Passengers; Obstruction of View; Interference With Control of Vehicle
9-21-8-44. Coasting in Neutral When Traveling Upon a Down Grade; Prohibition
9-21-8-44.5. Compression Release Engine Brakes
9-21-8-45. Farm Wagons; Interstate and State Highways; Prohibitions
9-21-8-46. Implements of Agriculture on Interstate Highways
9-21-8-47. Vehicles That Must Be Operated to Avoid Damage to Highways or Interference With Traffic
9-21-8-48. Vehicles With Contents Escaping; Prohibition From Operation; Exceptions
9-21-8-49. Violations; Class C Infraction; Class a Infraction if Bodily Injury; Exceptions
9-21-8-50. Reckless Operation of a Tractor-Trailer Combination; Class B Misdemeanor
9-21-8-51. Blinding Lights; Failure to Dim
9-21-8-56. Highway Work Zones; Penalties for Violations
9-21-8-57. Operation of Golf Cart on Highway
9-21-8-58. Intrastate Carriers of Metal Coils; Certification
9-21-8-59. Use of Telecommunications Device While Operating a Moving Motor Vehicle