CHAPTER 24. INTRASTATE MOTOR CARRIER SAFETY AND INSURANCE CERTIFICATION
IC 8-2.1-24
Chapter 24. Intrastate Motor Carrier Safety and Insurance
Certification
IC 8-2.1-24-1
Applicability of chapter
Sec. 1. (a) This chapter applies to the certification of a motor
carrier providing intrastate transportation by motor vehicle of
property or passengers for compensation.
(b) Section 18 of this chapter applies to the regulation of the
following persons:
(1) A motor carrier described in subsection (a).
(2) Except as provided in section 18(j) of this chapter, a private
carrier of persons or property, or both.
As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007,
SEC.11; P.L.9-2010, SEC.1.
IC 8-2.1-24-2
Repealed
(Repealed by P.L.9-2010, SEC.16.)
IC 8-2.1-24-3
Exemptions
Sec. 3. Except as provided in section 18 of this chapter, this
chapter does not apply to the following:
(1) Motor vehicles used exclusively for carrying United States
mail.
(2) Motor vehicles while being used or operated under the
control, direction, and supervision of:
(A) the United States government, the state, or a political
subdivision; or
(B) the board of trustees of a state institution.
(3) Motor vehicles while transporting supplies, livestock feed
ingredients, fertilizer, or fertilizing materials that are in transit
to or from farms.
(4) Motor vehicles:
(A) controlled and operated by a farmer when used in the
transportation of the farmer's agricultural commodities and
products of those commodities or in the transportation of
supplies to the farm;
(B) controlled and operated by a nonprofit agricultural
cooperative association (or by a federation of agricultural
cooperative associations if the federation does not possess
greater powers or purposes than the cooperative
associations);
(C) used in carrying property consisting of livestock or
agricultural commodities (not including manufactured
products) if the motor vehicles are not used in carrying:
(i) other property;
(ii) agricultural commodities; or
(iii) passengers;
for compensation; or
(D) used in carrying livestock feed or feed ingredients, if
those products are transported to a site of agricultural
productions or to a business enterprise engaged in the sale of
agricultural goods to a person engaged in agricultural
production.
This chapter shall not be construed to apply to motor vehicles
owned, leased, controlled, or operated by a nonprofit
cooperative association, either incorporated or unincorporated,
that was in existence on July 6, 1961.
(5) Motor vehicles, commonly known as armored cars, used
exclusively to transport, under written bilateral contract, coin,
currency, bullion, securities, precious metals, jewelry, precious
stones, money, legal tender, stocks and bonds, negotiable and
nonnegotiable instruments and securities, postage and revenue
stamps, and other valuable documents and rare objects.
(6) Motor vehicles operating exclusively in intrastate commerce
that have a gross vehicle weight, gross vehicle weight rating,
gross combination weight, or gross combination weight rating
equal to or less than twenty-six thousand (26,000) pounds.
However, the motor vehicle may not be:
(A) used to provide for-hire transport;
(B) designed or used to transport sixteen (16) or more
passengers, including the driver; or
(C) used to transport hazardous material in amounts
requiring a placard.
As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007,
SEC.12; P.L.9-2010, SEC.2.
IC 8-2.1-24-4
Powers of department
Sec. 4. The department may:
(1) certify a motor carrier providing transportation of property
or passengers for compensation; and
(2) regulate and supervise safety, insurance, methods, and hours
of operation of a motor carrier providing transportation of
property or passengers.
As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007,
SEC.13.
IC 8-2.1-24-5
Inspection of records; examination of officers, agents, and
employees; adoption of motor vehicle inspection rules
Sec. 5. The department may require the filing of annual and other
reports and the submission of all records and information necessary
to aid the department in the exercise of the powers granted by this
chapter. The department, a member of the department, or an
authorized representative of the department, may:
(1) upon demand, inspect the books, accounts, papers, records,
memoranda, equipment, and premises of a motor carrier;
(2) examine, under oath, any officer, agent, or employee of a
motor carrier in relation to the motor carrier's business affairs;
and
(3) prescribe rules for inspection of motor vehicles used by the
motor carrier.
As added by P.L.110-1995, SEC.29.
IC 8-2.1-24-6
Investigation
Sec. 6. Upon complaint in writing filed with the department or
upon the department's own initiative without complaint, the
department may investigate whether a person subject to this chapter
has failed to comply with this chapter.
As added by P.L.110-1995, SEC.29.
IC 8-2.1-24-7
Duty of department to compel compliance
Sec. 7. If the department, after notice and hearing, finds, in an
investigation, that a person has failed to comply with this chapter, the
department shall issue an appropriate order to compel compliance.
As added by P.L.110-1995, SEC.29.
IC 8-2.1-24-8
Compulsory process; swearing of witnesses; record of testimony;
administrative order
Sec. 8. The department, a member of the department, or an
authorized representative of the department, may:
(1) compel the attendance of witnesses;
(2) swear witnesses;
(3) take testimony under oath; and
(4) make a record of testimony.
After a record is made under the direction of the department, an
administrative law judge, or an authorized representative of the
department, the department may make an appropriate order upon the
record.
As added by P.L.110-1995, SEC.29.
IC 8-2.1-24-9
Hearing; report of findings of fact and decision; exceptions
Sec. 9. (a) The department may hear all petitions or motions filed
with the department. The hearings may be conducted by the
department, a member of the department, or an administrative law
judge. The hearings shall be conducted in accordance with rules
adopted by the department under IC 4-22-2.
(b) An administrative law judge shall promptly report to the
department the facts established by evidence and submit a suggested
order, showing the findings and a decision to the department.
(c) An order recommended by an administrative law judge may
not be held for less than ten (10) days during which an interested
party may file a written exception. If an exception is not filed, the
finding of facts and decision in form of the order suggested by the
administrative law judge shall be the order of the department, unless
the department directs otherwise.
As added by P.L.110-1995, SEC.29.
IC 8-2.1-24-10
Reconsideration or rehearing
Sec. 10. (a) After a decision, an order, or a requirement has been
made by the department in a proceeding under this chapter, a party
may apply to the department for reconsideration or rehearing of a
matter determined in the proceeding. The department may grant the
reconsideration or rehearing if sufficient reason is found.
(b) Applications for reconsideration or rehearing shall be
governed by rules adopted by the department under IC 4-22-2. If
after reconsideration or rehearing it appears that the original
decision, order, or requirement is unjust or unwarranted, the
department may change or modify the decision, order, or
requirement.
(c) A decision, an order, or a requirement made after
reconsideration or rehearing is subject to the same provisions as the
original decision, order, or requirement.
As added by P.L.110-1995, SEC.29.
IC 8-2.1-24-11
Agreements with federal or state agencies for supervision of
transportation of property and passengers
Sec. 11. The department may, subject to the approval of the
governor, enter into an agreement or understanding with the United
States Department of Transportation or any other appropriate agency
of the federal government, another Indiana department or agency, or
an agency of another state for the purpose of more effective
supervision of safety and responsible transportation of property and
passengers, intrastate.
As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007,
SEC.14.
IC 8-2.1-24-12
Rules affecting motor carriers
Sec. 12. The department may by rules adopted under IC 4-22-2
adopt orders, standards, or regulations of the Federal Motor Carrier
Safety Administration, any other appropriate agency of the federal
government, or another state as the orders, standards, or regulations
affect motor carriers, whether or not specifically referred to under
this chapter.
As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007,
SEC.15.
IC 8-2.1-24-13
Uniform procedures and forms
Sec. 13. The department may cooperate with other state agencies
in adopting combined uniform procedures and forms.
As added by P.L.110-1995, SEC.29.
IC 8-2.1-24-14
Powers of department; employment of administrative law judges
and other necessary employees
Sec. 14. The department may perform all reasonably necessary
actions to carry out this chapter, including the power, subject to:
(1) the approval of the state personnel department and the
budget agency; and
(2) IC 4-21.5;
to employ and fix the compensation of administrative law judges,
investigators, clerks, and other employees as necessary or advisable
for the effective administration of this chapter.
As added by P.L.110-1995, SEC.29.
IC 8-2.1-24-15
Acknowledgment by department required for operation; term of
acknowledgment
Sec. 15. A motor carrier may not operate a motor vehicle in the
transportation of property, upon a public highway in intrastate
commerce until the motor carrier has:
(1) submitted forms approved by the department to be a
properly certified motor carrier; and
(2) been issued an acknowledgment by the department.
An acknowledgment issued under subdivision (2) remains in effect
until December 31 of the year in which the acknowledgment is
issued.
As added by P.L.110-1995, SEC.29.
IC 8-2.1-24-16
Renewal procedure; term of renewal certification
Sec. 16. The annual renewal by motor carriers under this chapter
is performed in the following manner:
(1) An application for renewal must be submitted on a form
prescribed by the department.
(2) An application for renewal may be received by the
department at any time after September 30 of the year preceding
the year of certification and must be received before November
30 of the year preceding the certification year.
(3) A certification expires December 31 of each year. The
department may extend the term of a certification for cause.
As added by P.L.110-1995, SEC.29.
IC 8-2.1-24-17
Surety bond, insurance, or other security required
Sec. 17. (a) A person may not operate a motor vehicle for the
transportation of property upon a public highway, and a motor carrier
may not be certified, unless the motor carrier complies with the rules
adopted by the department governing the filing and approval of
surety bonds, policies of insurance, qualifications of a self-insurer,
or other securities or agreements.
(b) A surety bond, policy of insurance, self-insurance, or security
or other agreement approved under this section must be of a
reasonable amount and conditioned to pay, within the amount of the
surety bond, policy of insurance, self-insurance, or security or other
agreement, a final judgment recovered against the motor carrier for
bodily injuries to or the death of any person resulting from the
negligent operation, maintenance, or use of the motor carrier's
registered motor vehicle, or for loss or damage to property of others.
As added by P.L.110-1995, SEC.29.
IC 8-2.1-24-18
Compliance with federal motor carrier safety regulations
Sec. 18. (a) 49 CFR Parts 40, 375, 380, 382 through 387, 390
through 393, and 395 through 398 are incorporated into Indiana law
by reference, and, except as provided in subsections (d), (e), (f), (g),
and (j), must be complied with by an interstate and intrastate motor
carrier of persons or property throughout Indiana. Intrastate motor
carriers subject to compliance reviews under 49 CFR 385 shall be
selected according to criteria determined by the superintendent which
must include but are not limited to factors such as previous history
of violations found in roadside compliance checks and other recorded
violations. However, the provisions of 49 CFR 395 that regulate the
hours of service of drivers, including requirements for the
maintenance of logs, do not apply to a driver of a truck that is
registered by the bureau of motor vehicles and used as a farm truck
under IC 9-18, or a vehicle operated in intrastate construction or
construction related service, or the restoration of public utility
services interrupted by an emergency. Except as provided in
subsection (i) and (j):
(1) intrastate motor carriers not operating under authority issued
by the United States Department of Transportation shall comply
with the requirements of 49 CFR 390.21(b)(3) by registering
with the department of state revenue as an intrastate motor
carrier and displaying the certification number issued by the
department of state revenue preceded by the letters "IN"; and
(2) all other requirements of 49 CFR 390.21 apply equally to
interstate and intrastate motor carriers.
(b) 49 CFR 107 subpart (F) and subpart (G), 171 through 173, 177
through 178, and 180, are incorporated into Indiana law by reference,
and every:
(1) private carrier;
(2) common carrier;
(3) contract carrier;
(4) motor carrier of property, intrastate;
(5) hazardous material shipper; and
(6) carrier otherwise exempt under section 3 of this chapter;
must comply with the federal regulations incorporated under this
subsection, whether engaged in interstate or intrastate commerce.
(c) Notwithstanding subsection (b), nonspecification bulk and
nonbulk packaging, including cargo tank motor vehicles, may be
used only if all the following conditions exist:
(1) The maximum capacity of the vehicle is less than three
thousand five hundred (3,500) gallons.
(2) The shipment of goods is limited to intrastate commerce.
(3) The vehicle is used only for the purpose of transporting fuel
oil, kerosene, diesel fuel, gasoline, gasohol, or any combination
of these substances.
Maintenance, inspection, and marking requirements of 49 CFR 173.8
and Part 180 are applicable. In accordance with federal hazardous
materials regulations, new or additional nonspecification cargo tank
motor vehicles may not be placed in service under this subsection.
(d) For the purpose of enforcing this section, only:
(1) a state police officer or state police motor carrier inspector
who:
(A) has successfully completed a course of instruction
approved by the United States Department of
Transportation; and
(B) maintains an acceptable competency level as established
by the state police department; or
(2) an employee of a law enforcement agency who:
(A) before January 1, 1991, has successfully completed a
course of instruction approved by the United States
Department of Transportation; and
(B) maintains an acceptable competency level as established
by the state police department;
on the enforcement of 49 CFR, may, upon demand, inspect the
books, accounts, papers, records, memoranda, equipment, and
premises of any carrier, including a carrier exempt under
section 3 of this chapter.
(e) A person hired before September 1, 1985, who operates a
motor vehicle intrastate incidentally to the person's normal
employment duties and who is not employed as a chauffeur (as
defined in IC 9-13-2-21(a)) is exempt from 49 CFR 391 as
incorporated by this section.
(f) Notwithstanding any provision of 49 CFR 391 to the contrary,
a person at least eighteen (18) years of age and less than twenty-one
(21) years of age may be employed as a driver to operate a
commercial motor vehicle intrastate. However, a person employed
under this subsection is not exempt from any other provision of 49
CFR 391.
(g) Notwithstanding subsection (a) or (b), the following
provisions of 49 CFR do not apply to private carriers of property
operated only in intrastate commerce or any carriers of property
operated only in intrastate commerce while employed in construction
or construction related service:
(1) Subpart 391.41(b)(3) as it applies to physical qualifications
of a driver who has been diagnosed as an insulin dependent
diabetic, if the driver has applied for and been granted an
intrastate medical waiver by the bureau of motor vehicles
pursuant to this subsection. The same standards and the
following procedures shall apply for this waiver whether or not
the driver is required to hold a commercial driver's license. An
application for the waiver shall be submitted by the driver and
completed and signed by a certified endocrinologist or the
driver's treating physician attesting that the driver:
(A) is not otherwise physically disqualified under Subpart
391.41 to operate a motor vehicle, whether or not any
additional disqualifying condition results from the diabetic
condition, and is not likely to suffer any diminution in
driving ability due to the driver's diabetic condition;
(B) is free of severe hypoglycemia or hypoglycemia
unawareness and has had less than one (1) documented,
symptomatic hypoglycemic reaction per month;
(C) has demonstrated the ability and willingness to properly
monitor and manage the driver's diabetic condition;
(D) has agreed to and, to the endocrinologist's or treating
physician's knowledge, has carried a source of rapidly
absorbable glucose at all times while driving a motor
vehicle, has self monitored blood glucose levels one (1) hour
before driving and at least once every four (4) hours while
driving or on duty before driving using a portable glucose
monitoring device equipped with a computerized memory;
and
(E) has submitted the blood glucose logs from the
monitoring device to the endocrinologist or treating
physician at the time of the annual medical examination.
A copy of the blood glucose logs shall be filed along with the
annual statement from the endocrinologist or treating physician
with the bureau of motor vehicles for review by the driver
licensing medical advisory board established under IC 9-14-4.
A copy of the annual statement shall also be provided to the
driver's employer for retention in the driver's qualification file,
and a copy shall be retained and held by the driver while driving
for presentation to an authorized federal, state, or local law
enforcement official. Notwithstanding the requirements of this
subdivision, the endocrinologist, the treating physician, the
advisory board of the bureau of motor vehicles, or the bureau of
motor vehicles may, where medical indications warrant,
establish a short period for the medical examinations required
under this subdivision.
(2) Subpart 396.9 as it applies to inspection of vehicles carrying
or loaded with a perishable product. However, this exemption
does not prohibit a law enforcement officer from stopping these
vehicles for an obvious violation that poses an imminent threat
of an accident or incident. The exemption is not intended to
include refrigerated vehicles loaded with perishables when the
refrigeration unit is working.
(3) Subpart 396.11 as it applies to driver vehicle inspection
reports.
(4) Subpart 396.13 as it applies to driver inspection.
(h) For purposes of 49 CFR 395.1(k)(2), "planting and harvesting
season" refers to the period between January 1 and December 31 of
each year. The intrastate commerce exception set forth in 49 CFR
395.1(k), as it applies to the transportation of agricultural
commodities and farm supplies, is restricted to single vehicles and
cargo tank motor vehicles with a capacity of not more than five
thousand four hundred (5,400) gallons.
(i) The requirements of 49 CFR 390.21 do not apply to an
intrastate motor carrier or a guest operator not engaged in interstate
commerce and operating a motor vehicle as a farm vehicle in
connection with agricultural pursuits usual and normal to the user's
farming operation or for personal purposes unless the vehicle is
operated either part time or incidentally in the conduct of a
commercial enterprise.
(j) This section does not apply to private carriers that operate
using only the type of motor vehicles specified in IC 8-2.1-24-3(6).
(k) The superintendent of state police may adopt rules under
IC 4-22-2 governing the parts and subparts of 49 CFR incorporated
by reference under this section.
As added by P.L.110-1995, SEC.29. Amended by P.L.61-1996,
SEC.10; P.L.84-1997, SEC.1; P.L.85-1997, SEC.1; P.L.98-1999,
SEC.1; P.L.92-2000, SEC.1; P.L.75-2003, SEC.1; P.L.219-2003,
SEC.1; P.L.208-2003, SEC.2; P.L.210-2005, SEC.4; P.L.21-2007,
SEC.1; P.L.1-2010, SEC.44; P.L.9-2010, SEC.3.
IC 8-2.1-24-19
Service of process on nonresident motor carrier
Sec. 19. (a) A nonresident motor carrier must file and keep on file
with the department a designation in writing of the name and post
office address of a citizen and resident of Indiana upon whom service
of notices or orders may be made, and upon whom process issued by
or under the authority of a court having jurisdiction of the subject
matter may be served. Service of process in a proceeding under this
chapter may be made upon the motor carrier by personal service,
upon the citizen designated by the motor carrier, or by registered
mail addressed to the motor carrier or designee at the last address
shown by the records of the department.
(b) In default of a designation under this section, in case of
vacancy, or if for any other reason the motor carrier may not be
served with process, service of the notice or order may be made by
serving two (2) copies of the notice or order upon the department.
When service is made upon the department under this subsection, the
department shall promptly mail one (1) copy of the notice or order
served to the motor carrier by registered mail at the last address
shown by the records of the department.
(c) When notice is given by mail under this section, the date of
mailing shall be considered as the time when notice is served.
As added by P.L.110-1995, SEC.29.
IC 8-2.1-24-20
Unified carrier registration system
Sec. 20. Before a motor carrier engaged in the transportation of
property or passengers for compensation may operate a motor vehicle
upon a public highway providing intrastate transportation, the motor
carrier must be properly registered as required under the unified
carrier registration system in accordance with rules adopted by the
department under IC 4-22-2. This section does not apply to a person
exclusively engaged in the private transportation of nonhazardous
property.
As added by P.L.110-1995, SEC.29. Amended by P.L.176-2006,
SEC.10; P.L.42-2007, SEC.16.
IC 8-2.1-24-21
Display of identification on or in vehicle
Sec. 21. A motor carrier shall display a United States Department
of Transportation number or any other identification in the method
required by the department on or in each motor vehicle the motor
carrier operates.
As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007,
SEC.17.
IC 8-2.1-24-22
Augmenting, interchanging, or leasing equipment; lease of
equipment and driver to shipper by noncarrier lessor
Sec. 22. (a) A motor carrier augmenting equipment, interchanging
equipment, or leasing equipment, with or without drivers, shall
comply with the rules of the department governing lease and
interchange of vehicles.
(b) If a lessor who is not a motor carrier leases both equipment
and driver to a shipper, the arrangement is presumed to result in
private carriage by the shipper, subject to the conditions of this
subsection. A lease agreement under this subsection must:
(1) be reduced to writing;
(2) be for a term of at least thirty (30) days;
(3) provide that the leased equipment is exclusively committed
to the lessee's use for the term of the lease;
(4) provide that during the term of the lease, the lessee accepts,
possesses, and exercises exclusive dominion and control over
the leased equipment and assumes complete responsibility for
the operation of the equipment;
(5) require that the lessee maintain public liability insurance
and accept responsibility to the public for any injury caused in
the course of performing the transportation service conducted
by the lessee with the equipment during the term of the lease;
and
(6) require that the lessee display appropriate identification on
all equipment leased by it, showing operation by the lessee
during the performance of the transportation.
(c) A presumption under subsection (b) may be rebutted if actual
operations under the lease agreement weaken the control and
responsibility required of a shipper when conducting transportation
operations with equipment and drivers leased from a single source.
As added by P.L.110-1995, SEC.29.
IC 8-2.1-24-23
"Bill of lading" defined; documentation to be presented upon
request
Sec. 23. (a) As used in this section, "bill of lading" means a
document evidencing the receipt of goods for shipment that is issued
by a person who is engaged in the business of transporting or
forwarding goods.
(b) A motor carrier or a person who operates a motor vehicle for
a motor carrier shall present, at the request of the state police
department or an authorized representative of the department, the
following:
(1) Documentation that identifies the shipper or the motor
carrier.
(2) A bill of lading or similar document that:
(A) identifies the origin and destination of the shipment;
(B) describes the goods being transported;
(C) states the name and address of the consignor and the
consignee; and
(D) states the date when the goods were shipped.
As added by P.L.110-1995, SEC.29.
IC 8-2.1-24-24
Violation
Sec. 24. A person who violates this chapter commits a Class B
infraction.
As added by P.L.110-1995, SEC.29.
IC 8-2.1-24-25
Impoundment of vehicles and cargo; release
Sec. 25. (a) The department or the state police department may
impound a motor vehicle operated for hire if:
(1) the motor carrier of property has not obtained the required
certification from the department; and
(2) the vehicle is being operated on an Indiana highway.
(b) To obtain possession of a motor vehicle impounded under
subsection (a), the motor carrier that operates the motor vehicle must
either:
(1) obtain the required certification from the department; or
(2) remove from the vehicle all cargo for which the required
certification has not been obtained.
(c) If the motor carrier that operates a motor vehicle impounded
under subsection (a) is not the owner of the vehicle, the department
or the state police department shall release the motor vehicle to the
owner unless the owner was aware that the motor vehicle was being
operated without the required certification.
(d) Cargo held in a motor vehicle impounded under subsection (a)
must be released if the cargo is loaded into a motor vehicle operated
in compliance with this chapter.
As added by P.L.110-1995, SEC.29.
IC 8-2.1-24-26
Civil penalty
Sec. 26. (a) A person who violates this chapter is subject to a civil
penalty of one hundred dollars ($100) for the first violation and one
thousand dollars ($1,000) for each subsequent violation.
(b) Civil penalties described in subsection (a) may be assessed
only after an administrative hearing under IC 6-8.1-5-1 has been
conducted at which the person has an opportunity to present
information as to why a civil penalty should not be assessed.
(c) Money collected by the department under subsection (b) shall
be deposited in the motor carrier regulation fund established under
IC 8-2.1-23.
As added by P.L.110-1995, SEC.29.
IC 8-2.1-24-27
Inspections
Sec. 27. Inspections to determine and enforce violations under this
chapter may be conducted by the state police department, agents of
the department, Indiana state police motor carrier inspectors, and any
other eligible law enforcement officer through the procedures
established by the department. Agents of the department have the
same power and authority under this section as is provided to
authorized personnel under IC 16-44-2-11 and IC 16-44-2-12.
As added by P.L.110-1995, SEC.29.
IC 8-2.1-24-28
Denial of registration or titling; revocation and confiscation of
registrations, license plates, or cab cards
Sec. 28. (a) Pursuant to an operations out of service order issued
by the United States Department of Transportation or the Federal
Highway Administration affecting a motor carrier operating in
Indiana, the department of state revenue or the state police
department may revoke and confiscate any registrations, license
plates, or cab cards issued under IC 9-18.
(b) The department of state revenue may not register or title a
motor carrier:
(1) if the motor carrier fails to comply with federal regulations
under 49 CFR 386;
(2) under an operations out of service order issued by a federal
agency; or
(3) if the motor carrier's ability to operate has been terminated
or denied by a federal agency.
As added by P.L.98-1999, SEC.2. Amended by P.L.176-2006,
SEC.11.