CHAPTER 1. RAILROAD REGULATION.DEPARTMENT OF TRANSPORTATION
IC 8-3
ARTICLE 3. RAILROADS GENERALLY
IC 8-3-1
Chapter 1. Railroad Regulation.Department of Transportation
IC 8-3-1-1
Rates and charges; services to public; facilities and equipment;
crossings; connecting tracks
Sec. 1. (a) The Indiana department of transportation (referred to
as "the department" in this chapter) has the duty, as provided in this
chapter:
(1) to supervise all railroad freight and passenger tariffs, and to
adopt all necessary rules to govern car distribution and delivery,
train service and accommodations, and demurrage rules and
charges, and for car service, or the transfer and switching of
cars from one (1) railroad to another at junction points, or
where entering the same city or town, and to supervise charges
therefor;
(2) to require and supervise the location and construction of
sidings and connections between railroads;
(3) to supervise the crossing of the tracks and sidetracks of
railroads by other railroads in process of construction or
extension, and to prescribe the terms and conditions and manner
in which the crossings shall be made, and the character thereof,
whether at grade or over or under grade, and the authority
vested on April 15, 1905, in the auditor of state under state
statutes with reference to the crossings of railroads by other
railroads, or by railroads operated by electricity, and the
installation and maintenance of interlocking appliances at the
crossings;
(4) to supervise and regulate private car line service and private
tracks where the tracks are operated in connection with any
railroad in this state or share in the rates or earnings of any
common carrier subject to the provisions of this chapter;
(5) to correct abuses and prevent unjust discrimination and
extortion in the rates of freight and passenger tariffs on the
different railroads; and
(6) to enforce the same by proceedings for the enforcement of
penalties provided by law through courts of competent
jurisdiction.
The classification of freight adopted by the railroads shall be uniform
and shall apply to and be the same for all railroads subject to the
provisions of this chapter.
(b) The department has the duty, as provided in this chapter, upon
the failure of the railroad companies so to do, to fix and establish for
all or any connecting lines of railroads in this state reasonable joint
rates of freight, transfer, and switching charges for the various
classes of freight and cars that may pass over two (2) or more lines
of the railroads.
(c) If any two (2) or more connecting railroad companies shall fail
to agree upon a fair and just division of the charges arising from the
transportation of freights, passengers, or cars over their lines, the
department shall, as provided in this chapter, fix the pro rata part of
the charges to be received by each of said connecting lines.
(d) As provided in this chapter, the department has the duty to:
(1) alter, change, amend, or abolish any classification or rates
established by any railroad company or companies whenever
found to be unjust, unreasonable, or discriminative;
(2) to make and substitute for the unjust, unreasonable, or
discriminative rates or classifications amended, altered, or new
classifications or rates, which shall be put into effect by the
railroad company or companies; and
(3) in case any carrier fails to have any rate or schedule of rates
to any point on its line or on any connecting line in this state,
the department, as provided in this chapter, may make and order
a rate or schedule of rates, which shall be published and put into
effect by the carrier or carriers.
(e) The department may adopt and enforce the rules and modes of
procedure it considers proper to hear and determine complaints and
for the conduct of all investigations held by it or its appointees and
to regulate the conduct of the department's inspectors and appointees.
(f) The department:
(1) shall enforce, as provided in this chapter, reasonable and
just rates of charges for each railroad company subject to this
chapter for the use or transportation of loaded or empty cars on
its road; and
(2) may enforce, for each railroad or for all railroads alike,
reasonable rates for storing and handling of freight, and for the
use of cars not loaded or unloaded within forty-eight (48) hours
after notice of arrival and placement for service, not to include
Sundays or legal holidays.
(g) The department shall enforce reasonable rates as provided in
this chapter for the transportation of passengers over each or all of
the railroads subject in this chapter, which rates shall not exceed the
rates fixed by law. The department may enforce reasonable rates,
tolls, or charges for all other services performed by any railroad
subject to this chapter.
(h) Under this section, the power of the department extends to any
case where any person, firm, corporation, limited liability company,
or association, or any mercantile, agricultural, or manufacturing
society, or any body politic or municipal organization, complains of
anything done or omitted to be done by any common carrier subject
to this chapter, and applies to the department by petition, which shall
briefly state the facts. A statement of the charges thus made shall be
forwarded by the department to the common carrier, who shall be
called upon to satisfy the complaint or to answer the complaint in
writing, within a reasonable time specified by the department. If the
carrier does not satisfy the complaint within the time specified, or
there appears to be any reasonable ground for investigating the
complaint, the department shall investigate the matters complained
of, and no complaint shall, at any time, be dismissed because of the
absence of direct damage to the complainant. The department may,
after the investigation, make the corrections, alterations, changes, or
new rules or rates as may be necessary to prevent injustice or
discrimination to the party complaining or to any other person, firm,
limited liability company, or corporation. When any rate, charge,
classification, or rule is made, changed, modified, or added to by the
department, such order shall operate for the benefit of all persons or
corporations situated similarly with the complaining party.
(i) Every such carrier shall annually, before April 1, file with the
department, under the signature and oath of the department's
principal accounting officer, a detailed report, in the form prescribed
by the department, of all the carrier's financial and business
operations in Indiana for the year ending on the preceding December
31. The report shall embrace the other information and facts as shall
be prescribed by the Interstate Commerce Commission for reports of
interstate carriers thereto, and the reports shall be in the form
prescribed, insofar as the same is applicable. Any carrier failing to
make the report for thirty (30) days after the same is due, unless the
time therefor is extended by the department, shall forfeit and pay to
the state the sum of one hundred dollars ($100) for each day of the
default, to be collected as provided in this chapter.
(j) All carriers subject to this chapter and operating railroads shall
afford reasonable and proper facilities for the interchange of traffic
between the carriers' respective lines at junction points, and for there
receiving, forwarding, and delivering passengers and property, and
each carrier shall transfer, deliver, and accept, without delay or
discrimination, and promptly forward, all freight or cars, loaded or
empty, and all or any passengers there tendered by the connecting
lines and destined to any point on the carrier's line or any connecting
line. The department may not, by virtue of any provision in this
chapter compel any railway company to carry any freight prohibited
by any municipal ordinance or contract.
(k) Every carrier engaged in handling freight in carload lots may
be required, upon application therefor by the party having use for the
same, to construct upon the carrier's property and properly connect
with the carrier's line, when the same can be done with safety, and is
reasonably necessary, all siding, switch, spur, or turnout tracks,
necessary to accommodate the business of any elevator, mill, factory,
or other industrial enterprise that is on or after April 9, 1907,
constructed abutting the carrier's line, and where there is no space for
the proprietor thereof to construct the same on the proprietor's
property. Title to any siding shall remain in the carrier, which may
remove the same whenever it becomes necessary so to do to
accommodate the public interests, upon payment of the value of the
material in the track, if the cost of original construction shall have
been paid by the industry, and providing that the track may be used
by the carrier in performing switching service to any industry located
beyond the elevator, mill, factory, or other industrial enterprise. In
case the carrier and the proprietor cannot agree upon the terms for
constructing and maintaining the facilities, the department, upon
application, shall prescribe the terms upon which the same shall be
constructed and maintained. Every carrier shall, upon request and
upon the payment of reasonable compensation therefor, construct a
switch connection from the carrier's line to and connecting with any
lateral or branch line of railroad, or any private or industrial switch,
which shall be constructed adjacent to the carrier's line and property
in this state, whenever the connection is reasonably practicable and
can be put in with safety, and a reasonable necessity therefor exists.
In case of a disagreement thereon, the department, upon application,
shall determine the compensation for making the connection and
maintaining same.
(l) All carriers handling freight in carload lots, at all points in this
state where they connect with, or cross, at, over, or under grade, the
line or lines of any one (1) or more carriers engaged in like business,
shall construct and maintain proper interchange tracks and switches
at all such points so that carload traffic may be conveniently
interchanged between the carriers at the points, and, for the purpose
of enabling the carriers to comply with this requirement, they are
empowered to jointly purchase and own, or appropriate, under state
statutes concerning the exercise of the powers of eminent domain,
any additional lands or property necessary to enable them to comply
with this requirement. Upon a sufficient showing, the department
may relieve the carrier from the operation of this provision until the
time as the necessity therefor shall arise. In case the connecting
carriers cannot agree as to the division of the expense of making and
maintaining the facilities and tracks, the department, upon
application therefor, shall determine the same.
(m) Every connecting carrier shall, upon the order of the
department, made upon complaint filed and after a hearing is had, as
provided in this chapter, received from the carrier's connecting lines,
at junction points all carload shipments tendered by the connecting
line, and, upon payment of reasonable transfer or switching charges
therefor, transport the car over the carrier's tracks and deliver the
same to the consignee on the consignee's private track connected
with the tracks. Every connecting carrier, at junction or terminal
points, upon like complaint, proceedings, and order of the
department, as provided in this subsection, shall accept from any
other connecting carrier any empty car there tendered, and, upon
payment of a reasonable switching charge therefor, shall transport
such empty car to any industry or private track connected with the
carrier's line at such junction or terminal point for loading, and return
the same, when loaded, to the line making the delivery. Any carrier
is not required to perform switching services in any case where the
carrier can transport the freight to destination and point of delivery
with reasonable dispatch and at the same rate as the line offering the
car, and shall, at the time offer the car and be prepared to perform the
services. Every carrier subject to this chapter who shall receive a car
or cars belonging to another carrier at a terminal or junction point
shall, upon the demand of the owner of the car or cars, promptly
return the same, loaded or empty, to the terminal or junction point by
the most direct available route, and any court of competent
jurisdiction shall, upon proper application, have full power and
authority to enforce this requirement.
(n) All railroad companies doing business in this state shall, upon
the demand of any person or persons interested, establish reasonable
joint rates for the transportation of freight between points upon
respective lines within this state, and shall receive and transport
freight and cars over the route or routes as the shipper may direct.
Carload lots shall be transferred without unloading into other cars,
unless unloading into other cars shall be done without charge
therefor to the shipper or receiver of the carload lots, and unless the
transfer be made without unreasonable delay. Less than carload lots
shall be transferred into the connecting railway's cars at cost, which
shall be included in and made a part of the joint rate adopted by the
railroad companies, or established as provided in this chapter.
(o) No carrier shall construct a line of railroad across another line
of railroad in this state without the approval of the department, nor
until an application therefor and an instrument of appropriation to
acquire the rights has been filed with the department and notice given
to the connecting lines and a hearing thereon had. The department
may, in any proceedings, determine in what manner and at what point
the crossing shall be made, and whether the crossing shall be at
grade, or over or under grade. When the department determines the
place and manner of crossing, it shall determine the damages, if any,
which the junior line shall pay to the senior line or lines for the
privilege of crossing. The department, by the department's order,
shall determine and define the manner in which the crossing shall be
made, and thereafter maintained, and the manner in which the
expense thereof shall be apportioned between the connecting lines,
and, in what manner, the work shall be performed, and by whom and
within what time, and other matters as may be necessary to fully
determine the controversy between the parties. The junior line, upon
the payment or tender of the damages awarded, may proceed with the
construction of the crossing, in accordance with the order of the
department. In case any crossing shall be on a street in any city or
incorporated town in this state, then the order of the department
concerning the same shall not become operative until the legislative
body of the city or town shall consent thereto by resolution.
(p) Any carrier which shall be dissatisfied with the damages
awarded by the department may commence in any circuit or superior
court of the county where a crossing is located, an action against the
other connecting line or lines at the point, for the purpose of having
damages reassessed by the court in accordance with state statutes
concerning the exercise of the powers and privileges of eminent
domain, and, in the court, the only question triable shall be the
amount of damages properly chargeable against the crossing line on
account of the crossing being made and constructed in the manner
fixed and upon the terms prescribed by the department therefor, and
to be maintained in the manner and upon the terms prescribed by the
department. Any interurban railroad company may cross with the
interurban railroad company's feed and transmission wires over or
under the right-of-way, tracks, wires, and railroad of any steam
interurban railroad company, and the wires and other appliances of
any telegraph, telephone, electric light, power, or other company
maintaining wires, after an application therefor and an instrument of
appropriation to acquire the right has been filed with the department
and at least ten (10) days notice thereof given to the company whose
property is to be crossed and a hearing had thereon. The department
may determine in what manner the crossing shall be made at any
point other than upon streets and highways and, as to crossings of
streets and highways, the applicable law shall control the rights of
the parties. The department, by the department's order, shall
determine and define the manner in which the crossings shall be
made and thereafter maintained, and the manner in which the
expense thereof shall be apportioned between the crossing
companies, and in what manner the work shall be performed and by
whom and within what time, and other matters as may be necessary
to fully determine the controversy between the parties. The
department may determine the amount of damages, if any, allowed
to the company whose property is to be crossed at any point other
than upon streets or highways by feed or transmission wires, and any
party dissatisfied with any award of damages may appeal therefrom
to the circuit court of the proper county upon the question of
damages only. Upon the payment or tender of damages, if any,
allowed by the department, the company desiring to cross may
proceed with the construction of the company's feed or transmission
wires over or under the right-of-way, tracks, wires, railroad, and
other appliances of any of the companies.
(q) In addition to the authority conferred on April 9, 1907, upon
the department to order the installation and maintenance of
interlocking devices and appliances at railroad crossings in this state,
the department may order any carriers subject to this chapter whose
railroad lines cross each other at grade, or to order any carrier subject
to the provisions of this chapter whose line of railroad crosses any
stream in this state by a swing or draw bridge, to install, maintain, or
operate, at the crossing, or at the bridge, an approved interlocking
and derailing device, or to make connecting or other changes in any
existing device. Notice shall be given the carriers, as in other
proceedings before the department, and plans submitted and
approved by the department, and the department shall determine,
when necessary, or when the carriers fail to agree, the division of
expense for the construction, maintenance, and operation of the
interlocker, and may assign to one (1) of the connecting lines the
construction, maintenance, and operation thereof. Every carrier
which shall fail to install such interlocker or make such changes
within the time fixed by the department shall forfeit and pay to the
state the sum of one hundred dollars ($100) for each week that the
failure shall be continued. The carrier or carriers shall not be
requested to install a device in any city or incorporated town in this
state until the city or town legislative body shall approve the same,
by resolution, duly entered of record. This subsection does not apply
to any interurban railroad crossing, any railroad, interurban railroad,
any street, highway, or private right-of-way in any city or town in
this state.
(r) The department, whenever it determines that life and property
will be best secured thereby, shall order the operation of any
interlocking device in use in this state to be discontinued until the
same shall be put in the condition required by the department. The
operation of a device by a carrier, after the same has been forbidden
by the department, is unlawful.
(s) The department may, on the application of any railroad
corporation, authorize the corporation to use any safeguard or device,
approved by the department, in place of any safeguard or device
required by this chapter. The same penalties for neglect or refusal to
install or use the same shall be incurred and imposed as for a failure
to install or use the safeguard or device required by this chapter, in
lieu of which the same is to be used.
(t) Every railroad shall, when within the railroad's power to do,
and upon reasonable notice, furnish suitable cars to any and all
persons who may apply therefor, for the transportation of any and all
kinds of freight in carload lots. In case of insufficiency of cars at any
time to meet all requirements, cars as are available shall be
distributed among the several applicants therefor in proportion to the
applicant's respective immediate requirements, without
discrimination between shippers or competitive or noncompetitive
places; however, preference may be given to shipments of livestock
and perishable property.
(Formerly: Acts 1905, c.53, s.3; Acts 1907, c.241, s.3; Acts 1913,
c.268, s.1; Acts 1917, c.48, s.1.) As amended by P.L.62-1984, SEC.1;
P.L.384-1987(ss), SEC.11; P.L.8-1989, SEC.48; P.L.18-1990,
SEC.34; P.L.8-1993, SEC.136.
IC 8-3-1-2
"Railroad" defined
Sec. 2. The term "railroad" as used in this chapter shall mean and
include any railroad whether its locomotives are powered by steam,
combustion-type fuel or electricity other than a hobby, tourist,
amusement, and non-freight-carrying railroad.
(Formerly: Acts 1905, c.53, s.3a; Acts 1963, c.182, s.1.) As amended
by Acts 1976, P.L.26, SEC.1.
IC 8-3-1-3
Rates and charges; services or facilities; change; hearings;
compelling production of evidence
Sec. 3. (a) Before any rates or charges of railroads or express
companies or other carriers or companies subject to this chapter shall
be revised or changed under this chapter, and before any order shall
be made by the department changing the rules of any such company
respecting car service, the transfer or switching of cars from one
railroad to another, or respecting the location or construction of
sidings and connections between roads or respecting joint rates or
charges by two (2) or more of such companies, the department shall
give the company or companies affected by such proposed order or
revision not less than ten (10) days written notice of the time and
place where such rates or charges or the matters involved in said
proposed order shall be considered, and such company shall be
entitled to a hearing at the time and place specified in such notice
and shall have process to enforce the attendance of the company's
witnesses. All process provided for in this section shall be served as
in civil cases.
(b) The director of the department, for the purposes of this
chapter, may administer all oaths proper or necessary in the course
of any hearing or investigation provided for by this chapter, or in the
dispatch of any business concerning the department or the
department's duties. Subpoenas commanding the attendance of
witnesses and the production of papers, bills of lading, or other
evidence of shipment, way-bills, books, accounts, and other
documents deemed necessary by the department in any proceeding
pending before the department may be issued by the department and
served by reading or by copy, and such subpoenas shall be served
and the attendance of all such witnesses enforced as provided for in
this chapter.
(Formerly: Acts 1905, c.53, s.4; Acts 1907, c.241, s.4.) As amended
by P.L.62-1984, SEC.2; P.L.384-1987(ss), SEC.12.
IC 8-3-1-4
Rates and charges; change; evidence; proceedings to revise
Sec. 4. In all proceedings by or before the department as provided
in this chapter, and in all proceedings in any court in this state as
provided in this chapter, the department and such courts shall receive
in evidence all schedules of rates and charges and rules in force by
such carriers in this state and filed with the department as provided
in this chapter and of all such rates and rules as shall be adopted by
the department or ordered observed by any court of this state as
provided in this chapter without formal proof thereof being made,
and the department and such courts shall likewise also receive in
evidence the contents of all reports made to the department by such
carriers as required in this chapter, and of all official and statistical
reports and publications, published by the bureau of statistics in this
state, or by the department of local government finance, by the
Interstate Commerce Commission, and by the department having
control of the federal census and of the United States commissioner
of corporations, without formal proof being offered concerning
authenticity.
(Formerly: Acts 1905, c.53, s.5; Acts 1907, c.241, s.5.) As amended
by P.L.62-1984, SEC.3; P.L.384-1987(ss), SEC.13; P.L.90-2002,
SEC.314.
IC 8-3-1-5
Rates and charges; change; complaints, discriminatory rates,
investigations, and corrections; requiring performance of general
duties
Sec. 5. (a) In addition to the authority vested in the department to
determine what shall be just, reasonable, and indiscriminative rates
for further observance, upon complaint filed as provided in this
chapter, whenever the department determines that the rates charged
by such carriers upon any kind of property in this state, or that the
rates upon any carrier's lines in this state, or that any class of rates in
force upon the carrier's lines in this state, or any part thereof, are
excessive, or unjust, or discriminative, or unduly prejudicial, or in
violation of the statutes of this state, shall investigate the same and,
for that purpose, the department shall give to the carrier or carriers
interested therein twenty (20) days notice of the purpose to make
such investigation, stating what rates are to be investigated and
requiring the carrier so notified to appear at the time and place
specified in such notice and to be heard therein, if they so desire. At
any hearing, any party interested in such rates shall be heard by the
director of the department or a person designated by the director,
either in person or by counsel, and the department may after such
investigation, make such corrections, alterations, changes, or new
rules or rates as may be necessary to prevent injustice or
discrimination.
(b) In addition to the authority given to the department to enforce
this chapter and the other statutes of this state as provided in this
section, the department may, upon complaint filed by any person,
firm, corporation, limited liability company, or association, or any
mercantile, agricultural, or manufacturing society, or any body
politic or municipal organization, and after a hearing thereon, enter
an order requiring any such carrier to comply with the duty,
obligations, and requirements of this chapter and all other statutes of
the state concerning the duties, obligations, and requirements of such
carriers in the performance of the carriers' duties to the public as
common carriers.
(c) The department may grant rehearings in any case in which the
department has made a final order, or to alter, change, or modify any
final order made by it. All orders of the department, except as
otherwise provided in this chapter, take effect within such reasonable
time, not more than thirty (30) days after entry thereof, and continue
in force for such period of time as shall be prescribed in the order of
the department, unless the same shall be suspended, or set aside or
modified by the department, or be suspended or set aside or modified
upon judicial review.
(Formerly: Acts 1905, c.53, s.7; Acts 1907, c.241, s.7; Acts 1911,
c.185, s.1.) As amended by P.L.62-1984, SEC.4; P.L.384-1987(ss),
SEC.14; P.L.8-1993, SEC.137.
IC 8-3-1-6
Change of rates; establishing or revising; notice to railroad
Sec. 6. (a) The department shall, as soon as any revision or
classification or schedule or rates or charges are adopted by it,
furnish each railroad company affected thereby with a certified copy
thereof in suitable form, showing the revision, alteration, or rule
made by the department, to be delivered to each such carrier by
United States mail directed to some officer or agent of the carrier in
this state.
(b) This chapter does not authorize or empower the department,
or any court of this state, to establish, change, or modify any rate or
charge for any service to be performed by any common carrier in this
state where the rate or charge is established on or after April 9, 1907,
by any law of this state.
(Formerly: Acts 1905, c.53, s.8; Acts 1907, c.241, s.8.) As amended
by P.L.62-1984, SEC.5; P.L.384-1987(ss), SEC.15.
IC 8-3-1-7
Investigations; inspection of books and papers; examination of
witnesses; compelling production of evidence; violation
Sec. 7. In any matter or controversy under investigation by the
department, the director or a person designated by the director may
inspect the books, papers, or other documents of any railroad
company subject to this chapter, and examine, under oath, any
officer, agent, or employee of the railroad company in relation to the
company's business and affairs. The department may also exercise
like powers as to all other persons having books, papers, documents,
or information bearing upon the investigation. If any railroad
company or other person fails to permit any authorized person to
examine its books, papers, or other documents, the railroad company
or other person commits a Class C infraction. Each day of violation
constitutes a separate offense. A person who demands access to the
documents must produce proof of the person's authority to make the
inspection.
(Formerly: Acts 1905, c.53, s.9.) As amended by Acts 1978, P.L.2,
SEC.819; P.L.384-1987(ss), SEC.16.
IC 8-3-1-8
Rates and charges; filing, posting, and publication of schedules;
notice of changes
Sec. 8. (a) Every common carrier subject to this chapter shall file
with the department, print, and keep open to public inspection
schedules showing all the rates, fares, and charges for transportation
between different points on the carrier's own route, and between
points on the carrier's own route and points on the route of any other
carrier via railroad where a through route and joint rate has been
established. If no joint rate over the through route has been
established, the several carriers in such through route shall file, print,
and keep open to public inspection the separately established rates,
fares, and charges applied to the through transportation.
(b) The schedules printed by any such common carrier shall:
(1) plainly state the places between which property and
passengers will be carried;
(2) contain the classification of freight in force; and
(3) state separately all terminal charges, storage charges, icing
charges, and all other charges which the commission may
require, all privileges or facilities granted or allowed, and any
rules or regulations which in anywise change, affect, or
determine any part or the aggregate of such aforesaid rates,
fares, and charges, or the value of the service rendered to the
passenger, shipper, or consignee.
(c) This section applies to all traffic, transportation, and facilities
defined in this chapter. The department may, upon petition, or on the
department's own initiative, when it is shown such relief will not be
inconsistent with the public interest, grant relief from posting
provisions herein provided.
(d) No change shall be made in the rates and charges or joint rates
and charges or any rule for or in connection with the transportation
of property which have been filed and published by any common
carrier in compliance with this section, except after thirty (30) days
notice to the department and publication. No change shall be made
in the fares and charges or any rule for or in connection with the
transportation of passengers which have been filed and published by
any common carrier in compliance with the requirements of this
section, except after ten (10) days notice to the department and
publication. Such notice shall plainly state the changes proposed to
be made in the schedule then in force and the time when the changed
rates, fares, or charges will go into effect. The proposed changes
shall be shown by printing new schedules, or shall be plainly
indicated upon the schedules in force at the time and kept open to
public inspection. The department may, for good cause shown, allow
changes upon less than the notice herein specified, or modify the
requirements of this section in respect to publishing, posting, and
filing of tariffs, either in particular instances or by a general order
applicable to special or peculiar circumstances or conditions. Each
application requesting permission to deviate from the commission's
tariff publishing regulations shall be accompanied by a filing fee of
fifteen dollars ($15). The department may make suitable rules for the
simplification of schedules of rates, fares, charges, and
classifications, and to permit in such rules the filing of an
amendment of or change in any rate, fare, charge, or classification
without filing complete schedules covering rates, fares, charges, or
classifications not changed if, in its judgment, not inconsistent with
the public interest.
(e) The names of the several carriers which are parties to any joint
tariff shall be specified therein and each of the parties, thereto, other
than the one filing the same, shall file with the department such
evidence of concurrence therein or acceptance thereof as may be
required or approved by the department, and where such evidence of
concurrence or acceptance is filed it is not necessary for the carriers
filing same also to file copies of the tariffs in which they are named
as parties.
(f) Every common carrier subject to this chapter may be required
by the department, if in the department's discretion the public interest
would be better served, to file with the department copies of all
contracts, agreements, or arrangements with other common carriers
in relation to any traffic affected by this chapter to which it may be
a party.
(g) Schedules required to be filed by this chapter shall be
published, filed, and posted in such form and manner as the
department by rule shall prescribe. The department may reject any
schedule filed with the department which is not in accordance with
this section and with such rules. Any schedule rejected by the
department is void and its use is unlawful.
(h) No carrier, unless otherwise provided in this section, shall
engage or participate in the common carrier transportation of
passengers or property, as defined in this chapter, unless the rates,
fares, and charges on which the same are transported by such carrier
shall have been filed and published in accordance with this section,
nor shall any carrier charge, demand, collect, or receive a different
compensation for such common carrier transportation of passengers
or property or for any service in connection therewith between the
points named in such tariffs than the rates, fares, and charges which
are specified in the tariff, filed and in effect at the time, neither shall
any carrier, except by order of the department, refund or remit in any
manner or by any device any portion of the rates, fares, and charges
so specified, or extend to any shipper or person any privileges or
facilities in the common carrier transportation of passengers or
property, except such as are specified in such tariffs. Where it is
necessary for property to be transported or other service as a
common carrier to be rendered at once by such carrier, and no rates
for the transportation of the same or such other service are applicable
thereto and the emergency is such that a rate therefor cannot be
published and filed according to law, the department may, upon
request of any interested carrier or shipper, permit the carrier to
transport such property or render such service upon a rate or rates
then determined by the department, or, the department may permit
such transportation or other service, the rate to be thereafter
reasonably adjusted by the shipper and carrier, subject to the
approval of the department. Such carriers shall, as soon as possible
after making a request of the department, file with the department a
schedule of rates covering the future transportation of such property
or such other service performed as a common carrier.
(Formerly: Acts 1905, c.53, s.10; Acts 1907, c.241, s.9; Acts 1911,
c.225, s.1; Acts 1949, c.151, s.1; Acts 1971, P.L.86, SEC.1.) As
amended by P.L.384-1987(ss), SEC.17.
IC 8-3-1-9
Investigatory powers; complaint procedures; freight rate violations
Sec. 9. (a) The department may elicit all information necessary to
the hearing and consideration of any complaint made to the
department and may elicit from any railroad company or companies,
or any other person or corporation to be affected by any such
investigation, any and all information necessary to the consideration
and determination of any and all questions over which the
department shall have jurisdiction, and, for said purpose, the
department may submit blanks provided for the purpose of eliciting
such information or may submit written interrogatories to such
railroad company or companies or person or corporation, and said
blanks shall be properly filled out and said interrogatories answered
as to answer fully and correctly each question therein propounded,
and in case they are unable to answer any question, they shall give a
satisfactory reason for their failure, and their said answers, duly
sworn to by the proper officers of said company or corporation or by
said person, shall be returned to the department within the time fixed
therefor by the department in the department's order, or the
department may use such other means of securing such information
as the department considers expedient.
(b) If any such carrier, the carrier's officer or employee, or any
other person or corporation or the person's or corporation's agents or
employees fail or refuse to fill out and return any blank or to answer
any interrogatories as above required, or fail or refuse to answer any
questions therein propounded, or give a false answer to any such
question or shall evade the answer to any such question, such carrier,
officer, employee, or person commits a Class C infraction.
(c) The department, in all investigations being held by the
department, and in all proceedings pending before the department,
may require any such carrier, other party or corporation to produce
before the department, to be used as evidence in such investigation
or proceedings, any book, record, contract, letter, paper, or other
document in the possession, or under the control, or subject to the
order, of any such carrier, other party or corporation, which is
necessary or proper to be considered in evidence in any such
proceedings, and in case any such carrier or other party or
corporation shall fail or refuse to produce the same, such carrier, or
other party or corporation shall forfeit and pay to the state of Indiana
a sum not less than one hundred dollars ($100) nor more than five
hundred dollars ($500), to be collected as provided in this chapter.
(d) The department shall publish, with annotations, for the
information of the public, the laws of this state concerning the
carriers subject to this chapter.
(e) When, on the complaint of any interested person or
corporation, the department shall, on the investigation of such
complaint, be convinced that the freight rates on any railroad in
Indiana engaged in interstate commerce are excessive, or levied or
laid in violation of the interstate commerce law, or the rules of the
interstate commerce commission, the superintendent, agent, or other
official of the said railroad companies shall be notified in writing of
the facts and requested to reduce or correct them, as the case may be.
When the rates are not changed or the proper corrections are not
made according to the request of the department, the latter is
authorized and empowered to notify the interstate commerce
commission and to apply to it for relief.
(f) Whenever any property is received by any common carrier
subject to the provisions of this chapter to be transported from one
(1) place to another within the state, it shall, upon demand of the
shipper, issue a receipt or bill of lading therefor, naming therein the
classification of said freight and the rate of freight at which the same
is to be carried. Nothing in this subsection abridges or lessens the
liability of any such carrier under other laws, or prevents such carrier
from issuing a nonnegotiable bill of lading for delivery only to the
person named therein. All statements rendered for transportation
charges shall show character of shipments, weight, rate, and charges,
before demanding payment.
(Formerly: Acts 1905, c.53, s.11; Acts 1907, c.241, s.10; Acts 1911,
c.225, s.2.) As amended by Acts 1978, P.L.6, SEC.12;
P.L.384-1987(ss), SEC.18.
IC 8-3-1-10
Attendance of witnesses and production of books and papers;
requirement; contempt
Sec. 10. For the purposes of this chapter, the department may
require, by subpoena, the attendance and testimony of witnesses and
the production of all books, papers, tariffs, contracts, agreements,
and documents relating to any matter under investigation, or in any
proceeding pending before the department. Such attendance of the
witnesses and the production of such documentary evidence may be
required at any designated place of hearing in this state. And in case
of disobedience to a subpoena, the department, or any party to a
proceeding before the department, may invoke the aid of any circuit
court of this state in requiring the attendance and testimony of
witnesses and the production of books, papers, and documents under
this provision. And any of the circuit courts of this state, within the
jurisdiction of which any such inquiry or hearing is carried on, may,
in case of contumacy or refusal to obey a subpoena issued to any
such carrier subject to the provisions of this chapter, or other person,
issue an order requiring such carrier or other person to appear before
the department and produce books and papers, if so ordered, and give
evidence touching the matter in question. Any failure to obey such
order of the court may be punished by such court as contempt. The
claim that any such testimony or evidence may tend to criminate the
person giving such evidence shall not excuse such witness from
testifying, but such evidence or testimony shall not be used against
such person on the trial of any criminal proceeding, nor shall any
such witness so compelled to testify against himself be thereafter
prosecuted for any crime concerning which he has been compelled
to give testimony. Instead of requiring the personal attendance of any
witness, a deposition may be taken at the instance of a party in any
proceeding or investigation pending before the department at any
time after such investigation has been commenced, or after any such
complaint has been filed and notice thereof duly served. The
department may also order testimony to be taken by deposition in any
proceeding or investigation pending before it at any stage of such
proceeding or investigation. Such deposition shall be taken, certified,
and published in the manner required under procedure in civil cases,
or in such other manner as the department, in its order, may direct.
And any person whose deposition is being so taken may be
compelled to appear and depose and to produce documentary
evidence in the same manner as witnesses may be compelled to
appear and testify and produce documentary evidence before the
department as provided in this section. If a witness who is sought to
be examined by the department at any hearing or investigation
conducted by or proceeding pending before the department refuses
to answer any question addressed to the witness by the department
pertinent to the matter then being heard or investigated, or refuses to
produce a book, paper, or other document in his possession or power
and pertinent to such matter, and required by the department to be
produced before the department, or declines to testify before the
department, the department may report such fact to any circuit or
superior court of the county wherein such hearing, investigation, or
proceeding is being conducted, and the court shall order the witness
to answer such question or questions and produce such book, paper,
or other document before the department, or give testimony in the
hearing investigation, or proceeding, and on failure or refusal to obey
the order, such witness shall be dealt with by the circuit superior
court for contempt.
(Formerly: Acts 1905, c.53, s.12; Acts 1907, c.241, s.11; Acts 1911,
c.225, s.3.) As amended by P.L.62-1984, SEC.6; P.L.384-1987(ss),
SEC.19.
IC 8-3-1-11
General penalty provision; rate discrimination
Sec. 11. (a) A carrier subject to this chapter who knowingly
violates or fails to comply with this chapter commits a Class B
infraction.
(b) A carrier who fails to comply with any final order made
against it by the department in any proceeding pending before the
department, in which any carrier is a party, unless the order is
suspended, annulled, or set aside by some court, shall forfeit and pay
to the state for each violation of any such order a penalty of not more
than one thousand dollars ($1,000).
(c) A carrier subject to this chapter who knowingly charges,
collects, demands, or receives from any person a different rate,
charge, or compensation for the transportation of persons or
property, or for any service performed or to be performed by the
carrier, than that fixed in the schedule of rates filed with the
department, the schedule of rates adopted by the department, or the
schedule of rates ordered observed by any court, commits a Class A
infraction.
(Formerly: Acts 1905, c.53, s.13; Acts 1907, c.241, s.12.) As
amended by Acts 1977, P.L.2, SEC.40; Acts 1978, P.L.2, SEC.820;
P.L.384-1987(ss), SEC.20.
IC 8-3-1-12
Discrimination; rates or services
Sec. 12. (a) If any railroad subject hereto, directly or indirectly, or
by any special rate, rebate, drawback, or other device, shall charge,
demand, collect, or receive from any person, firm, limited liability
company, or corporation a different compensation for any service
rendered or to be rendered by the railroad than the railroad charges,
demands, collects, or receives from any other person, firm, limited
liability company, or corporation for doing a like and
contemporaneous service in the transportation of a like kind of traffic
under substantially similar circumstances and conditions, the railroad
commits unjust discrimination, which is prohibited.
(b) It is also unjust discrimination for any such railroad company
to make or give any undue or unreasonable preference or advantage
to any particular person, firm, corporation, limited liability company,
or locality, in connection with the transportation of any persons or
property, or to subject any particular kind of traffic or any particular
person, place, or locality to any undue or unreasonable prejudice,
delay, or disadvantage.
(c) Every railroad company which fails or refuses to receive and
transport without unreasonable delay or discrimination the
passengers, tonnage, and cars, loaded or empty, of any connecting
carrier, and every railroad company which fails or refuses to
transport and deliver without unreasonable delay or discrimination
any passengers, tonnage, or cars, loaded or empty, destined to any
point on or over the line of any connecting line of railroad, commits
unjust discrimination. However, perishable freights of all kinds and
live stock shall have precedence of shipment.
(d) It is unjust discrimination for any carrier subject to this section
to charge or receive any greater compensation in the aggregate for
the transportation of like kinds of property, or passengers, for a
shorter than for a longer distance over the same line, in the same
direction, the shorter distance being included in the longer. In cases
where two (2) or more carriers have lines between common points in
this state, and the line of one (1) of such carriers is shorter than the
other, then the carrier having the longer line between any two (2)
such common points may meet the rates between such common
points which are established by the route having the shorter line if
there is bona fide and actual competition between such two (2) routes
for the business between such common points. Upon application to
the department, it may, for the purpose of preventing manifest injury,
authorize any such carrier to charge less for longer than for shorter
distances for transporting persons and property. No manifest
injustice shall be imposed upon persons, property, and places at
intermediate points. Nothing in this section prohibits the department
from approving what are known as "group rates" on any of the
railroads in this state.
(e) Any railroad company violating any provision of this section
commits unjust discrimination, and shall for such violation pay to the
state of Indiana a penalty of not less than five hundred dollars
($500), nor more than five thousand dollars ($5,000), to be recovered
in a civil action instituted for that purpose in a court of competent
jurisdiction.
(Formerly: Acts 1905, c.53, s.14; Acts 1907, c.241, s.13; Acts 1935,
c.272, s.1; Acts 1973, P.L.63, SEC.2; Acts 1975, P.L.76, SEC.2.) As
amended by P.L.384-1987(ss), SEC.21; P.L.8-1993, SEC.138.
IC 8-3-1-13
Rates and charges; special rates, rebates, or false billings; offenses
Sec. 13. (a) An agent, officer, or employee of any such carrier
who knowingly, by any special rate, rebate, or drawback, by means
of false billing, false classification, or false weighing, or by any other
device charges, demands, collects, or receives from any person a
different compensation for any service rendered or to be rendered by
any such carrier for the transportation of persons or property, or for
any other service, than that prescribed in the published tariffs then in
force and on file with the department, which have been established
by the department, or ordered to be observed by any court, commits
a Class A misdemeanor.
(b) A person who knowingly accepts or receives any rebate or
concession in respect to the transportation of persons and property by
any such carrier, wholly within this state, or for any other service
performed in connection therewith, whereby any such persons or
property is, by false billing, false classification, false weighing, or
any other device, transported at a less rate than that prescribed in the
published tariffs then in force and on file with the department, which
have been established by the department, or ordered to be observed
by any court, commits a Class A misdemeanor.
(Formerly: Acts 1905, c.53, s.15; Acts 1907, c.241, s.14.) As
amended by Acts 1977, P.L.2, SEC.41; Acts 1978, P.L.2, SEC.821;
P.L.384-1987(ss), SEC.22.
IC 8-3-1-14
Extortion or discrimination; forfeiture; fines and penalties
Sec. 14. If a railroad company subject to this chapter shall do,
cause to be done, or permit to be done, any matter, act, or thing in
this chapter prohibited, or declared to be unlawful, or shall omit to
do any act, matter, or thing herein required to be done by it, such
railroad company shall be liable to the person or persons, firm,
limited liability company, or corporation injured thereby for the
damages sustained in consequence of such violation, and if the
railroad company commits extortion or discrimination as by this
chapter defined, then, in addition to such damages, such railroad
company shall pay to the person, firm, limited liability company, or
corporation injured thereby a penalty of not less than one hundred
dollars ($100) nor more than five hundred dollars ($500), to be
recovered by civil action in any court of competent jurisdiction in
any county into or through which such railroad runs. It is a defense
to the action for such penalty that such overcharge was
unintentionally and innocently made through a mistake of fact. Such
recovery as provided in this chapter does not affect a recovery by the
state of any penalty provided for such violation.
(Formerly: Acts 1905, c.53, s.16.) As amended by P.L.62-1984,
SEC.7; P.L.384-1987(ss), SEC.23; P.L.8-1993, SEC.139.
IC 8-3-1-15
General penalty provision
Sec. 15. If any railroad company shall willfully violate any other
provision of this chapter and shall do any other act prohibited by this
chapter, or shall fail or refuse to perform any other duty enjoined
upon it, for which a penalty has not been provided in this chapter, for
every such act of violation, it shall pay the state of Indiana a penalty
of not more than one thousand dollars ($1,000), to be recovered in a
civil action to be instituted for that purpose in any court of competent
jurisdiction.
(Formerly: Acts 1905, c.53, s.17.) As amended by P.L.62-1984,
SEC.8.
IC 8-3-1-16
Penalties and forfeitures; recovery
Sec. 16. Except as provided in this chapter, all penalties and
forfeitures provided for in this chapter shall be recovered in suits
brought by and in the name of the department in any circuit or
superior court of any county in which any carrier operates.
(Formerly: Acts 1905, c.53, s.18; Acts 1907, c.241, s.15.) As
amended by P.L.62-1984, SEC.9; P.L.192-1986, SEC.6;
P.L.384-1987(ss), SEC.24.
IC 8-3-1-17
Certified copies or transcripts of classifications, rates, rules, or
orders
Sec. 17. Upon application of any person, the department shall
furnish certified copies of any classification, rates, rules, or orders,
and such certified or printed copies published by authority of the
department shall be admissible in evidence in any suit and sufficient
to establish the fact that any charge, rate, rule, order, or classification
therein contained and which may be at issue in the trial is the official
act of the department. A substantial compliance with the
requirements of this chapter is sufficient to give effect to all of the
classifications, rates, charges, rules, regulations, requirements, and
orders made and established by the department, and none of them
shall be declared inoperative for any omission of a technical matter
in the performance of such act. The director of the department shall
charge for all such certified copies and transcripts, except those
ordered delivered by direction of the department, such sums as the
department may order, and all funds coming into the hands of the
director of the department on account of such, any such charges
made by the department, and from all other sources and due to the
department, shall be by the director of the department daily paid into
the state treasury.
(Formerly: Acts 1905, c.53, s.19; Acts 1907, c.241, s.16.) As
amended by P.L.62-1984, SEC.10; P.L.384-1987(ss), SEC.25.
IC 8-3-1-18
Information to department; enforcement powers of department
Sec. 18. The department may inquire into the management of the
business of all common carriers subject to this chapter, and shall
keep itself informed as to the manner and method in which the same
is conducted, and may obtain from such carriers full and complete
information necessary to enable the department to perform the duties
and carry out the objects for which the department was created. The
department shall enforce this chapter and all the other statutes of this
state the enforcement of which is devolved upon the department, and
such other statutes of this state as shall prescribe the duties and
obligations and regulate the conduct of the carriers subject to this
chapter in their dealings with the public and each other as common
carriers of passengers and property in this state, and, to enable the
department so to do, the department may institute and prosecute, in
its name, any appropriate action at law or suit in equity, in any circuit
or superior court of this state, against any such carrier to compel it to
observe the requirements of this chapter and all other statutes of this
state, and the orders of the department made under this chapter or
any other law of this state, and all orders and judgments of any court
in this state made under this chapter; or to restrain any such carrier
from the further continuance of any act or practice suffered or
authorized by it in violation of this chapter, the other statutes of this
state, the orders of the department or a court made under this chapter,
and the costs and expenses of such proceedings shall be audited and
approved by the auditor of state and paid as provided in this chapter.
(Formerly: Acts 1905, c.53, s.20; Acts 1907, c.241, s.17.) As
amended by P.L.62-1984, SEC.11; P.L.384-1987(ss), SEC.26.
IC 8-3-1-19
Scope of chapter
Sec. 19. (a) The provisions of this chapter apply only to the
transportation of passengers and property between points within this
state, and to the receiving, switching, delivering, storing, and
handling of such property, and to all charges connected therewith,
including icing and mileage charges.
(b) This chapter applies to all corporations, individuals,
associations of individuals, their lessees, trustees, or receivers,
appointed by any court, that now or may hereafter own, operate,
manage, or control any railroad, electric interurban or suburban
railroad, or part of any such railroad, as a common carrier in this
state, or cars, car companies, freight and freight line companies,
private tracks and sidings when controlled or used by any such
common carriers, or other equipment used thereon, or bridges,
terminals, or side tracks, or any docks or wharves or storage
elevators used in connection therewith, whether owned by such
railroad or otherwise.
(c) This chapter applies to all such corporations, companies,
individuals, associations of individuals, their lessees, trustees, or
receivers, appointed by any court, as are engaged in the express
business or sleeping car business, and this chapter applies to all
express companies and sleeping car companies.
(d) The terms "carrier" or "carriers", "railroad", "railroad
company", or "railway" or "railway company", whenever used in this
chapter, means and refers to all such railroads, electric interurban or
suburban railroads, express companies, and sleeping car companies
so subject to the provisions of this chapter.
(e) The provisions of this chapter do not apply to any hobby,
tourist, amusement, and nonfreight carrying railroad.
(Formerly: Acts 1905, c.53, s.21; Acts 1907, c.241, s.18.) As
amended by Acts 1976, P.L.26, SEC.2; P.L.384-1987(ss), SEC.27.
IC 8-3-1-20
Right of action for penalty or forfeiture, release, or waiver
Sec. 20. This chapter does not release or waive any right of action
by the state or any person for any right, penalty, or forfeiture which
may arise under any law of this state. All penalties accruing under
this chapter shall be cumulative of each other, and a suit for or
recovery of one (1) shall not be a bar to the recovery of any other
penalty.
(Formerly: Acts 1905, c.53, s.22.) As amended by P.L.62-1984,
SEC.12; P.L.384-1987(ss), SEC.28.
IC 8-3-1-21
Accident reports; complaints on equipment and services;
investigation and correction; railroad crossings and grade
separations; construction; and maintenance
Sec. 21. (a) It is the duty of the department to keep informed as to
the condition of railroads and railways and the manner in which they
are operated with reference to the security and accommodation of the
public, and as to the compliance of the several corporations with
their charters and the laws of the state.
(b) Every railroad company subject to this chapter shall report
again to the department by telegraph or telephone as soon as possible
after it has occurred, every accident and the general cause thereof,
involving loss of life or serious injury to passenger or employee, and,
within twenty (20) days after such accident, the company shall make
a full report of the cause thereof to the department and the
department shall investigate in such manner and by such persons as
it may deem best the causes of any accident on any railroad involving
loss of life, and every corporation, at all times, shall furnish to the
department, its appointees, or its inspectors any information relative
to such accidents. Such reports and information shall not be used in
the trial of any suits for damages arising out of said accidents. After
such investigation, the department shall make a report to the railroad
company of its conclusion and recommendations regarding such
accidents and the causes thereof, and the proper steps to be taken by
the railroad company to prevent like accidents, and unless the
railroad company shall, in a reasonable time, comply with and carry
out said recommendations, said department shall make the same
public, if it shall deem best so to do, by publishing the same in any
newspaper or newspapers in the state, or in the locality where the
accident took place.
(c) Whenever the department secures reliable information, or
complaint shall have been made, or, because of reports made by its
inspectors, shall have reason to believe, that any carrier in this state
does not keep its road or equipment in proper condition and repair
for the health and safety of its employees or the public, or that any
carrier as now required by law does not maintain adequate and
suitable passenger depot buildings and platforms, said depot with the
passageway to the adjacent street to be well lighted, to be kept well
heated and in approved sanitary condition, supplied with wholesome
water and closets for men and women, and kept open at least one (1)
hour before and fifteen (15) minutes after the arrival of each
passenger train stopping at said station, or that any carrier does not
keep its passenger cars well cleaned and in good sanitary condition,
well lighted