Code Enforcement & Safety

Petition Submittal Requirements

At Grade Crossing – New – Relocation – Modification

IC 8-6-1-7(b) - A petition is required to be filed by a roadway agency prior to moving forward with plans to construct a new public road across an existing railroad track. A petition is also required to be filed by a roadway agency prior to the alteration of an existing public road that already crosses a railroad track. Primary examples of alteration to an existing public road include adding vehicle travel lanes or a central turn lane. (105 IAC 5-8-1 states “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 8-6-1).

IC 8-6-1-9, IC 8-6-1-7(c) - A petition is required to be filed by a railroad company prior to moving forward with construction of a new segment of railroad that crosses an existing public roadway or prior to construction of additional railroad track(s) that intersect a public roadway where there is an existing at grade rail-highway intersection. (105 IAC 5-8-1 states “Submission of verified petition prior to the establishment, alteration, or relocation a rail-highway grade crossing” Authority IC 8-6-1-7; IC 8-6-1-9; IC 8-23-2-6 Affected: 8-6-1).

Sample Petition - at grade crossing - new - relocation - modification

Down Grade Warning Devices

IC 8-6-7.7-2 A petition is required to be filed prior to a railroad company down-grading an existing train activated warning device at a public rail-highway grade crossing. Examples include downgrading from train activated flashers and gates to crossbucks. 105 IAC 5-7-2 states “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.

Sample Petition - down grade warning devices

Less than Vertical and Lateral Clearance 

IC 8-8-1-11 A petition is required prior to the construction of a “NEW” railroad track or a loading and/or unloading system that requires less than statutorily mandated vertical clearance. The statute sets the minimum clearance level at a plane established at 22 feet above the top of the rail. This petition is normally filed by a private company, railroad company or jointly. 105 IAC 5-4-1 Submission of verified petition for relief from statutory track clearance requirements. Authority: IC 8-8-1-12; IC 8-23-26, Affected IC 8-3-1-21; IC 8-8-1-11; IC 8-8-1-12.

 IC 8-8-1-12 A petition is required prior to the construction of a railroad track or loading and/or unloading system that requires less than statutorily mandated lateral clearance. The statute sets the minimum clearance at either side of the track at planes established at 8 feet on either side of the center line of rail. This petition is normally filed by a private company, railroad company or jointly. 105 IAC 5-4-1 Submission of verified petition for relief from statutory track clearance requirements. Authority: IC 8-8-1-12; IC 8-23-26, Affected IC 8-3-1-21; IC 8-8-1-12.

Sample Petition - less than vertical and lateral clearance 

Completed petitions should be sent to:

Rail Programs Office Manager
Indiana Department of Transportation
100 North Senate Ave., IGCN 955
Indianapolis, IN. 46204

For questions, please contact Thomas Rueschhoff or Rich Blanford.

Thomas R. Rueschhoff, P.E.
Senior Rail Project Manager
Indiana Department of Transportation
100 North Senate Ave., IGCN 955
Indianapolis, IN. 46204
(317) 233-2065
trueschhoff@indot.in.gov

Rich Blanford
Rail Code Administrator
100 North Senate Ave., IGCN 955
Indianapolis, IN. 46204
(317) 232-4786
rblanford@indot.in.gov