1. (a) The Indiana department of transportation shall adopt rules under IC 4-22-2 specifying criteria for:

   1. (1) the department to use in determining whether to open a new public railroad grade crossing; and
   2. (2) the department or a unit (as defined in IC 36-1-2-23 ) to use in determining whether to abolish a public railroad grade crossing.

2. (b) In applying criteria required by subsection (a) to determine whether to open a new public railroad grade crossing, deny a public grade crossing closure, or abolish a public railroad grade crossing, the department or unit shall consider the following:

   1. (1) Timetable speed of passenger trains operated through the crossing.
   2. (2) Distance to an alternate crossing.
   3. (3) Accident history of the crossing for the five (5) years preceding the department's or the unit's consideration.
   4. (4) Amount of vehicular traffic and posted speed limits for the crossing.
   5. (5) Amount of freight trains and their timetable speeds operated through the crossing.
   6. (6) Type of warning device present at the crossing, if any.
   7. (7) Alignment of the roadway and the railroad, and the angle of the intersection of an alignment at the crossing.

   8. (8) Use of the crossing by:

      1. (A) trucks carrying hazardous materials;
      2. (B) vehicles carrying passengers for hire;
      3. (C) school buses; and
      4. (D) emergency vehicles.
   9. (9) Other appropriate criteria as determined by the department.

As added by P.L.81-1996, SEC.6.