TRAFFIC CODE
50
(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
of a train or other on-track equipment. The per-
son shall not proceed until the crossing can be
made safely.
(d) A crossing may not be made when warn-
ing is given by automatic signal, crossing gates,
a flagman, or otherwise of the immediate approach
of a railroad train or other on-track equipment.
9-21-8-41. Disobeying traffic control devices
or flagman.
Editor’s Note:
This statute was amended in
2014 by P.L.113-2014 (effective date July 1, 2014)
and by P.L.217-2014 (effective date January 1,
2015), with neither act referring to the other.
However, the amendments to this statute by these
two acts were identical, except for the effective
date. Therefore, only a single version of the
amended statute is set forth below.
(a) Aperson who drives a vehicle may not dis-
obey the instructions of an official traffic control
device placed in accordance with this article unless
otherwise directed by a police officer.
(b) When a traffic control device or flagman
is utilized at a worksite on a highway for traffic
control, a person who drives a vehicle shall exer-
cise extraordinary care to secure the mutual safety
of all persons and vehicles at the worksite.
(c) All traffic shall observe and obey traffic
control devices including signals, signs, and warn-
ings, and all directions, signs, or warning devices
that may be given or displayed by a police officer
or flagman to safely control traffic movement at
a worksite and promote safety at a worksite.
9-21-8-41.5. School zones.
(a) A person who drives a vehicle shall obey
the instructions of a school crossing guard to stop
the vehicle before entering a school crossing zone.
(b) Whenever a person who drives a vehicle
approaches a school crossing zone, the person
shall exercise extraordinary caution to secure the
safety of children in the school crossing zone.
9-21-8-41.7. “Railroad flagman” defined;
obeying flagman.
(a) For purposes of this section, “railroad flag-
man” means a person who furnishes flag protec-
tion as prescribed by rules of the carrier.
(b) Aperson who operates a vehicle shall obey
the instructions of a railroad flagman to stop the
vehicle before approaching a location in which a
train or other on-track equipment is or may be
located.
9-21-8-42. Entering from alley or driveway.
A person who drives a vehicle within a busi-
