CHAPTER 22. TRANSPORTATION OF PASSENGERS AND HOUSEHOLD GOODS
IC 8-2.1-22
Chapter 22. Transportation of Passengers and Household Goods
IC 8-2.1-22-1
Application
Sec. 1. Except as provided in section 2.1 of this chapter, thischapter applies to the regulation of the following persons:
(1) A common carrier that professes to the general public toengage in the transportation by motor vehicle of passengers orhousehold goods for compensation.
(2) A contract carrier that engages in transportation by motorvehicle of passengers or household goods, for compensation(other than transportation provided by a common carrierdescribed in subdivision (1)) under continuing contracts withone (1) person or a limited number of persons for:
(A) the furnishing of transportation services through thededication of motor vehicles for a continuing period of timeto the exclusive use of each person served; or
(B) the furnishing of transportation services designed tomeet the distinct need of each individual customer.
(3) A broker of transportation services provided by a motorcarrier described in subdivision (1) or (2).
(4) A common carrier that professes to the general public toengage in the transportation of household goods.
(5) A contract carrier that engages in transportation ofhousehold goods for compensation under continuing contractswith at least one (1) person for:
(A) the furnishing of transportation services through thededication of motor vehicles for a continuing period for theexclusive use of each person served; or
(B) the furnishing of transportation services designed tomeet the needs of each customer.
As added by P.L.99-1989, SEC.13. Amended by P.L.1-1991, SEC.76;P.L.110-1995, SEC.10; P.L.42-2007, SEC.8.
IC 8-2.1-22-2
Repealed
(Repealed by P.L.1-1991, SEC.77.)
IC 8-2.1-22-2.1
Exemptions
Sec. 2.1. (a) This chapter does not apply to the following:
(1) Motor vehicles used as school buses while engaged in thetransportation of students, under the supervision, control, anddirection of school authorities.
(2) Motor vehicles used exclusively as taxicabs.
(3) Motor vehicles while being used or operated under thecontrol, direction, and supervision of:
(A) the United States government, the state, or a politicalsubdivision; or (B) the board of trustees of any state institution.
(4) Motor vehicles that are used to provide limitedtransportation services in conjunction with the operation of ahotel, campground, or food service facility but are not used asa common carrier. For the purpose of this subdivision,compensation for housing, camping, or food combined withtransportation is not transportation by motor vehicle forcompensation. However, transportation may not be performedfor any person if, at the point of origin or within twenty-five(25) miles of that point, there is an equipment point as shownby a proper tariff of a carrier of passengers in Indiana thatoperates special or charter bus service under the jurisdiction ofthe department. Exemption from this chapter is not availableunder this subdivision unless the motor vehicles in question areprovided with proof of financial responsibility of the type andin amounts as required of common carriers underIC 8-2.1-22-46.
(5) Motor vehicles that are used to provide regular routeintercity passenger service.
(6) Motor vehicles that are used primarily for van pooling orother ride-sharing programs on a nonprofit basis.
(7) Motor vehicles that are used to provide transportation ofpassengers by a nonprofit corporation if that corporationreceives revenue for the transportation service from federal,state, or local governments.
(8) A motor vehicle that:
(A) has a capacity of not less than seven (7) or more thanforty (40) persons;
(B) is used to transport employees, including the driver,exclusively between their homes and their employer's placeof business, or termini near those places, in a single dailyround trip; and
(C) is owned or leased by an employer providing commutervan service, which means any person who provides oroperates at least one (1) of those vehicles on a nonprofitbasis, and whose service does not infringe upon or competewith any service that is provided by any common carrierregulated by the department.
(9) Motor vehicles certified as ambulances by the Indianaemergency medical services commission under IC 16-31.
(10) The casual, occasional, or reciprocal transportation ofhousehold effects or furniture for compensation, not includingthe transportation for hire of new household effects or furnitureto or from a factory, warehouse, or store, by a person who:
(A) does not otherwise engage in the describedtransportation for compensation;
(B) is not required under this chapter to hold a certificate orpermit to engage in transportation or operation for hire; or
(C) does not profess to engage in the business oftransporting household effects or furniture for hire. (b) This chapter does not apply to a limousine while the limousineis being used to transport at least one (1) person:
(1) from a place of departure; and
(2) to a destination;
within the corporate boundaries of a city or town if the legislativebody of the city or town has adopted an ordinance under IC 36-9-2-4that takes effect after July 1, 1991, and that regulates limousineswithin the corporate boundaries of the city or town.
As added by P.L.1-1991, SEC.78. Amended by P.L.2-1993, SEC.63;P.L.2-1995, SEC.40; P.L.110-1995, SEC.11.
IC 8-2.1-22-3
Powers and duties of department
Sec. 3. (a) The department shall:
(1) supervise and regulate the administration of this chapter;
(2) fix just and reasonable rates, fares, and charges;
(3) adopt just and reasonable classifications and rules; and
(4) regulate and supervise the schedules, service, safety,methods, and hours of operation;
of every motor carrier subject to this chapter.
(b) The department may require the filing of annual and otherreports and the submission of all records and information as isreasonably necessary.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-4
Inspection of books, equipment, and premises; examination ofofficers, agents, or employees; rules for vehicle inspection;complaints
Sec. 4. (a) The department, any member of the department or anyauthorized representative of the department, may:
(1) upon demand, inspect the books, accounts, papers, records,memoranda, equipment, and premises of any common carrier orcontract carrier;
(2) examine, under oath, any officer, agent, or employee of thecommon carrier or contract carrier in relation to its businessaffairs; and
(3) adopt rules for inspection of motor vehicles used bycommon carriers or contract carriers or brokers.
(b) Upon complaint in writing filed with the department or uponthe department's own initiative without complaint, the departmentmay investigate whether or not any person subject to this chapter hasfailed to comply with this chapter or with any requirementestablished under this chapter. If the department, after notice andhearing, finds, upon the investigation, that the person has failed tocomply with any provision or requirement, the department shall issuean appropriate order to compel compliance.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-5 Witnesses; hearings; orders
Sec. 5. (a) The department, any member of the department or anyauthorized representative of the department, may compel theattendance of witnesses, swear witnesses, take their testimony underoath, make record of the testimony, and after the record is madeunder the direction of a department, administrative law judge, orauthorized representative of the department or the department mayupon the record make an appropriate order.
(b) The department may hear all petitions, applications, ormotions filed with the department. Hearings may be conducted by thedepartment, by any member of the department, or by anyadministrative law judge authorized by the department. In case thehearing is conducted by an administrative law judge, theadministrative law judge must promptly, but not later than thirty (30)days after the conclusion of the hearing, unless the time is extendedby order of the department:
(1) report to the department the facts established by theevidence; and
(2) submit a suggested order, showing the findings and adecision in the order, to the department.
(c) Orders recommended by an administrative law judge must beheld for not less than ten (10) days during which time interestedparties may file written exceptions to the orders. In case noexceptions are filed, the finding of facts and decision in form oforder suggested by the administrative law judge constitute the orderof the department, unless the department directs otherwise.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-6
Reconsideration or rehearing
Sec. 6. After a decision, order, or requirement has been made bythe department in any proceeding under this chapter, any party to theproceeding may apply to the department for reconsideration orrehearing of the decision, order, or requirement, or of any matterdetermined in the decision, order, or requirement. The departmentmay grant reconsideration or rehearing if there is sufficient reason inthe decision, order, or requirement. Applications for reconsiderationor rehearing are governed by rules prescribed by the department. Ifafter reconsideration or rehearing, it appears that the originaldecision, order, or requirement is in any respect unjust andunwarranted, the department may change or modify the decision,order, or requirement accordingly. Any decision, order, orrequirement made after reconsideration or rehearing is subject to thesame provisions as the original decision, order, or requirement.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-7
Agreements with agencies of federal government or of anotherstate; adoption of rules or orders of other agencies
Sec. 7. (a) The department may, subject to the approval of the
governor, enter into an agreement or understanding with the UnitedStates Department of Transportation, any other appropriate agencyof federal government, or any other department or agency of anotherstate, for the purpose of more effective regulation of motor carriers.
(b) In the furtherance of uniformity in the regulation of motorcarriers, the department may by order or rule adopt orders, standards,or rules and regulations of the United States Department ofTransportation, any other appropriate agency of the federalgovernment, or another state or states as they affect motor carriers,whether or not specifically referred to under this chapter.
As added by P.L.99-1989, SEC.13. Amended by P.L.42-2007, SEC.9.
IC 8-2.1-22-8
Cooperation with other state agencies
Sec. 8. The department may cooperate with other state agenciesin adopting combined uniform procedures and forms when in thejudgment of the affected agencies the action would be in the interestof the state, its citizens, and any other person subject to this chapterand to other related laws of state.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-9
Additional powers of department; employment and compensationof staff
Sec. 9. The department may do and perform all reasonablynecessary things to carry out the purposes of this chapter, whetherspecifically mentioned in this chapter or not, including the power,subject to the approval of the governor, to employ and fix thecompensation of administrative law judges, investigators, clerks, andother employees as are necessary for the effective administration ofthis chapter.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-10
Establishment of competing transportation system by county, city,or town
Sec. 10. If a county, city, or town wants to establish atransportation system that would compete with a motor carrier thatis:
(1) operating under the jurisdiction of the department; and
(2) providing transportation service in the territorial jurisdictionof the county, city, or town;
the county, city, or town must first apply for and obtain a certificateunder sections 11 and 13 of this chapter.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-11
Certificate required; public hearing
Sec. 11. A person may not, except as provided in this chapter,transport passengers for compensation: (1) on regular routes within the territorial jurisdiction of apolitical subdivision; or
(2) as a special and charter carrier;
until after obtaining from the department a certificate. A certificatemay not be issued until after a public hearing and a consideration ofthe service, if any, rendered in the territory of the proposed motorvehicle operations by other common carriers, whether by motorvehicle, railroad, or otherwise.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-12
Repealed
(Repealed by P.L.110-1995, SEC.35.)
IC 8-2.1-22-12.5
Issuance of certificate for transportation of household goods forcompensation
Sec. 12.5. (a) Except as provided in this chapter, a person may notoperate a motor vehicle upon an Indiana public highway to transporthousehold goods for compensation until the person has obtained acertificate from the department.
(b) The department may issue a certificate under this section onlyafter conducting a public hearing and considering transportationservices provided by other carriers of household goods by motorvehicle, railroad, or other means, that operate in the proposedterritory of the person that is applying for a certificate.
As added by P.L.110-1995, SEC.12.
IC 8-2.1-22-13
Public hearing; time and place; notice; burden of proof;considerations
Sec. 13. (a) Upon the filing of an application for a certificate, thedepartment shall, within a reasonable time, fix a time and place forpublic hearing in the city of Indianapolis, unless otherwise orderedby the department. A copy of the notice of hearing shall be mailed tothe applicant at the address set out in the application at least ten (10)days before the hearing. Any person interested in the proceedingsmay appear in person or by attorney and offer evidence in support ofor in opposition to the application and with or without the filing offormal pleadings.
(b) The applicant has, at all times, the burden of proving, by apreponderance of the evidence, that public convenience and necessityrequires the proposed operation, and that the proposed operation willnot unreasonably impair the public service of any authorizedcommon carrier, or common carriers by motor vehicle or by railroad,then adequately serving the same territory.
(c) If the department finds from the evidence and from anyadditional investigation that the department causes to be made thatpublic convenience and necessity exist for the service proposed, orany part of the service, the application shall be granted, subject to
terms, restrictions, and limitations as the department may determine,otherwise, the application shall be denied.
(d) In determining whether a certificate shall be granted, thedepartment may, among other things, consider the following:
(1) The financial ability of the applicant to furnish adequateservice.
(2) Whether other transportation service then in existence isadequate.
(3) The effect upon other transportation service, and,particularly, whether the granting of the application will or mayseriously impair that service.
(4) The volume of other traffic over the route proposed by theapplicant.
(5) The effect and burden upon the highways and the bridges onthe highways, and the use of the highways and bridges by thepublic.
(6) Whether the operations will threaten the safety of the publicor be detrimental to the public welfare.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-14
Route deviation
Sec. 14. (a) A common carrier by motor vehicle operating underany certificate may not deviate from the route over which or the fixedtermini between which it is authorized to operate under thecertificate, except under such general or special rules as prescribedby the department.
(b) A person who violates this section commits a Class Cinfraction.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-15
Ownership of certificate or permit; sale or transfer
Sec. 15. Any certificate or permit or part owned, held, or obtainedby the carrier may be sold, assigned, leased, bequeathed, ortransferred as other property upon approval by the department. Thedepartment may inquire into the responsibility of the personobtaining or seeking to obtain ownership or control of any certificateor permit or part, the person's readiness, ability, and willingness toperform the service proposed, and whether the proposed service, tothe extent authorized by the certificate or permit, is or will beconsistent with the public interest and the state transportation policydeclared in this title. If the department finds the person to beirresponsible or unable to render satisfactory and adequate serviceunder the certificate or permit or part, or if it finds that the transferwill not be consistent with the public interest, the department mayenter an order denying the transfer, in whole or in part. However, acertificate or permit, or part, may not be sold, assigned, leased,bequeathed, or transferred except after a public hearing before thedepartment and after notice as required for other hearings before the
department.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-16
Contract carriers; permit required
Sec. 16. A person may not operate motor vehicles as a contractcarrier over the public highways for the transportation of persons orhousehold goods for compensation without first having obtainedfrom the department a contract carrier permit.
As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995,SEC.13.
IC 8-2.1-22-17
Contract carrier permit; public hearing; considerations; contents
Sec. 17. (a) Upon the filing of an application under this chapterfor contract carrier authority to operate motor vehicles in intrastatecommerce, the department shall, within a reasonable time, fix a timeand place for a public hearing in the city of Indianapolis, unlessotherwise ordered by the department. A copy of the notice of hearingshall be mailed to the applicant, at the address set out in theapplication, at least ten (10) days before the date set for hearing. Anyperson interested in the proceedings may appear in person, or bycounsel, and offer any evidence either in support of, or in oppositionto, the granting of the authority requested in the application.
(b) In determining whether requested contract authority should begranted, the department shall, among other things, consider thefollowing factors:
(1) The financial ability of the applicant to furnish adequatecontract carrier service.
(2) The effect of granting the requested authority on othertransportation service then in existence, and particularlywhether the granting of authority will seriously impair thatother service and will unreasonably impair the efficient publicservice of any certificated common carrier by motor vehicle, orby railroad, then adequately serving the same territory.
(3) Whether or not any certificated common carrier by motorvehicle, or by railroad, then serving the same territory, willfurnish transportation services designed to meet the distinctneed of the supporting contract shipper or shippers.
(c) If the department, after hearing, determines that the proposedoperation, as requested in the application, meets all of therequirements of contract carriage, as defined in this chapter, and thatthe applicant is qualified in all respects to perform the proposedoperation, the department shall approve the application and issue therequested authority, subject to terms, restrictions, and limitations asdetermined by the department.
(d) The department shall specify and name in the permit the nameof the contracting person. The scope of the permit shall be attachedat the time of issuance, along with any reasonable terms, conditions,and limitations consistent with the character of the holder as a
contract carrier.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-18
Agreements with other common carriers; routes and rates;discrimination
Sec. 18. (a) Notwithstanding IC 24-1-2-1 and in accordance with49 U.S.C. 11343, common carriers may:
(1) establish by agreement through routes and joint rates,charges, and classifications with other common carriers andwith common carriers by railroads, or by water, and everycommon carrier shall provide safe and adequate service,equipment, and facilities for the transportation of passengers orhousehold goods in intrastate and interstate commerce; and
(2) establish, observe, and enforce just and reasonable rates,fares, charges, and classifications, and just and reasonableregulations and practices relating to rates, fares, charges, andclassifications, and to the issuance, form, and substance oftickets, receipts, bills of lading, the carrying of baggage, and allother matters relating to or connected with the transportation ofpassengers or household goods in both intrastate and interstatecommerce, and in case of joint rates and charges, to establishjust, reasonable, and equitable division of joint rates andcharges between the carriers participating in the joint rates andcharges.
(b) It is unjust discrimination and unlawful for any commoncarrier by motor vehicle to make, give, or cause any undue orunreasonable preference or advantage to any particular person orlocality in connection with the transportation of any persons orhousehold goods, or to subject any particular person or locality toany undue or unreasonable prejudice, delay, or disadvantage in anyrespect.
(c) Every common carrier by motor vehicle that fails or refuses toreceive and transport without unreasonable delay or discriminationthe passengers or household goods tendered for transportation anddeliver without unreasonable delay or discrimination thosepassengers or household goods at destination or to the transfer pointof the route of any connecting common carrier by motor vehicle orrailroad is guilty of unjust discrimination.
(d) It is unjust discrimination for any common carrier to charge orreceive any greater compensation in the aggregate for thetransportation of passengers or household goods for a shorter than fora longer distance over the same line in the same direction, the shorterdistance being included in the longer.
As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995,SEC.14.
IC 8-2.1-22-19
Complaints; fixing of routes or rates
Sec. 19. (a) Any person or governmental entity may complain in
writing to the department that any rate, fare, charge, tariff,classification, rule or practice in effect, or proposed to be put ineffect by any carrier or carriers is, or will be, in violation of thischapter. When such a complaint is made, the department shall, afterdue notice to the carrier or carriers complained of, hear thecomplaining parties.
(b) If the department is of the opinion that any individual or jointrate, fare, tariff, charge, or classification being made or demanded byany common carrier or carriers subject to this chapter or by anycommon carriers operating in conjunction with common carriers byrailroads or by water is, or will be, unjust and unlawful andunreasonable or unjustly discriminatory, or unduly preferential orunduly prejudicial, it shall determine and prescribe lawful maximumor minimum, and maximum and minimum rates, fares, charges,tariffs, rules, and classifications thereafter to be observed orthereafter to be made effective. The department may, on its owninitiative, without complaint, whenever deemed by the department tobe necessary and desirable in the public interest, establish throughroutes, joint classifications, joint rates, fares, charges, tariffs,regulations, or practices for the transportation of passengers orhousehold goods by common carriers by motor vehicle or the carrierby railroad or by water, and may fix the maximum or minimum orthe maximum and minimum rates to be charged and the terms andconditions under which the fares and charges shall be applied and theroutes to be operated.
(c) The department may, after hearing or on its own initiative,prescribe what the just, reasonable, and equitable division of rates,fares, and charges are to be received and collected by the severalcarriers and require adjustment to be made between those carriers inaccordance therewith. In those cases the department may requireadjustment or division between the carriers from the date of filing thecomplaint or the entry of the order or any other date subsequentthereto as the department finds is just and reasonable, and in casejoint rates are fixed by the department, the order as to those divisionsmay be made effective as of the date on which the investigation wasordered.
As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995,SEC.15.
IC 8-2.1-22-20
Filing of schedule stating new rate or charge; hearing; burden ofproof; suspension
Sec. 20. (a) This section applies whenever there is filed with thedepartment any schedule stating a new individual or joint rate, fare,charge, or classification for the transportation of passengers orhousehold goods by a common carrier or carriers by motor vehicle,or by a carrier or carriers in conjunction with a common carrier orcarriers by railroad or water in intrastate commerce, or any rule orpractice affecting the rate, fare, or charge, or the value of the service.
(b) Upon complaint of any interested party or upon its own
initiative at once and if it so orders, without answer or other formalpleading by the interested carrier or carriers but upon reasonablenotice, the department may enter upon a hearing concerning thelawfulness of a rate, fare, or charge, or a rule or practice. Pending thehearing and the decision on the hearing, the department, by filingwith the schedule and delivering to the carrier or carriers affected bythe hearing a statement in writing of its reasons for the suspension,may from time to time suspend the operation of the schedule anddefer the use of the rate, fare, charge, or classification, or the rule,regulation, or practice, but not for a longer period than one hundredeighty (180) days beyond the time when it would otherwise go intoeffect. After hearing, whether completed before or after the rate, fare,charge, classification, rule or practice goes into effect, thedepartment may make the order with reference thereto as would beproper in a proceeding instituted after it has become effective.
(c) If the proceeding has not been concluded and an order madewithin the period of suspension, the proposed change of rate, fare, orcharge, or classification, rule or practice, goes into effect at the endof the period.
(d) At any hearing involving a change in a rate, fare, charge, orclassification or in a rule or practice, the burden of proof is on thecarrier to show that the proposed rate, fare, charge, classification,rule or practice is just and reasonable.
As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995,SEC.16.
IC 8-2.1-22-21
Reasonableness of rates and charges; considerations
Sec. 21. (a) In the exercise of its power to prescribe just andreasonable rates, fares, and charges for the transportation ofpassengers or household goods by common carriers by motor vehicle,and related classifications, regulations, and practices, the departmentshall give due consideration, among other factors, to:
(1) the inherent advantages of transportation by those carriers;
(2) the effect of rates upon the movement of traffic by thecarrier or carriers for which the rates are prescribed;
(3) the need, in the public interest, of adequate and efficienttransportation service by such carriers at the lowest costconsistent with the furnishing of service; and
(4) the need of revenues sufficient to enable such carriers underhonest, economical, and efficient management to provideservice.
(b) In determining the reasonableness of fares, rates, and chargesof motor carriers of passengers or household goods, the departmentshall determine that the revenue is sufficient to cover the cost(including all operating expenses, depreciation accruals, rents, andtaxes of every kind) of providing adequate transportation service andreasonable profit to the carrier. The relation of carrier expenses tocarrier revenues may be considered the proper test of a reasonableprofit.As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995,SEC.17.
IC 8-2.1-22-22
Actions for recovery of charges or overcharges; limitations
Sec. 22. (a) All civil actions by carriers for recovery of theircharges or any part must be brought within two (2) years after thetime the cause of action accrues.
(b) For recovery of overcharges, civil actions must be brought orcomplaints filed with the department against carriers subject to thischapter within two (2) years after the time the cause of actionaccrues, subject to subsection (c). However, if claim for theovercharge has been presented in writing to the carrier within the two(2) year period of limitation, the period shall be extended to includesix (6) months after the time notice in writing is given by the carrierto the claimant of disallowance of the claim or any part specified inthe notice.
(c) If on or before the expiration of the two (2) year period oflimitation in subsection (a) or (b), a carrier subject to this chapterbegins an action under subsection (a) for recovery of charges inrespect of the same transportation service or without beginningaction collects charges in respect of that service, the period oflimitation shall be extended to include ninety (90) days after the timethe action is begun or charges are collected by the carrier.
(d) As used in this section, "overcharges" means charges for thetransportation services in excess of those applicable to the servicesunder the tariffs lawfully on file with the department.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-23
Tariffs showing rates and services; filing and publication;compliance; change in fare or practice
Sec. 23. (a) Every common carrier by motor vehicle shall file withthe department, and print and keep open to public inspection, tariffsshowing all rates, fares, charges for transportation, and all service inconnection therewith, of passengers or household goods in intrastatecommerce between points:
(1) on its own route;
(2) on the route of any other common carrier; or
(3) on the route of any common carrier by railroad;
when and as through routes and joint rates are established.
(b) The department may prescribe the form and manner in whichthe tariffs shall be published and may reject any tariff filed with itthat is not in compliance with this section. When so rejected, thetariff is void, and its use shall be unlawful.
(c) A common carrier by motor vehicle shall not charge, demand,collect, or receive a greater or less or different compensation fortransportation or for any service in connection therewith betweenpoints enumerated in the tariff than the rates, fares, and chargesspecified in the tariffs in effect at the time. A carrier shall not refund
or remit in any manner or by any device, directly or indirectly,personally or by agent, any portion of rates, fares, or charges sospecified, and shall not extend to any person any facilities fortransportation except as are specified in its tariffs.
(d) A change may not be made in any fare, charge, rule or practicefor or in connection with the transportation of passengers orhousehold goods except after thirty (30) days notice of the proposedchange. The notice must plainly state the change proposed to bemade and the effective date of the change. The department, uponcomplaint or upon the department's own motion, may suspend anytariff making any changes provided in this chapter within twenty (20)days after the filing of the tariff and not thereafter.
(e) The department may, for good cause shown, allow changesupon notice in less time than specified and permit tariffs to be filedand become effective in particular instances on shorter notice thanstated in subsection (d).
(f) Whenever the carrier operating a local transportation systemwholly within one (1) county files a tariff or schedule of increasedrates or fares affecting its patrons in any municipality in which thecarrier renders service, the carrier shall give notice by registeredmail, on the date the tariff is filed with the department, to theexecutive and legislative body of the municipality and shall enclosea copy of the tariff filed with the department.
(g) A common carrier by motor vehicle shall not engage in thetransportation of passengers or household goods unless the tariffshave been filed and published in accordance with this chapter.
As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995,SEC.18.
IC 8-2.1-22-24
Contract carriers; reasonable minimum rates, fares, and charges;filing and publication; change; complaints
Sec. 24. (a) Every contract carrier by motor vehicle shall:
(1) establish and observe reasonable minimum rates, fares, andcharges for any service rendered or to be rendered in thetransportation of passengers or household goods or inconnection with the transportation of passengers or householdgoods;
(2) establish and observe reasonable regulations and practicesto be applied in connection with those reasonable minimumrates, fares, and charges; and
(3) file with the department, publish, and keep open for publicinspection, in the form and manner prescribed by thedepartment, schedules, or, by consent of contracting parties inlieu of schedules, copies of contracts, containing the minimumrates, fares, or charges of the carrier for the transportation ofpassengers or household goods in intrastate commerce, and anyrule or practice affecting the rates, fares, or charges and thevalue of the service under the rates, fares, or charges.
(b) A contract carrier may not, unless otherwise provided by this
chapter, engage in the transportation of passengers or householdgoods in intrastate commerce unless the minimum charges for thetransportation by the carrier have been published, filed, and postedin accordance with this chapter. A reduction may not be made in thecharge either directly or by means of any change in any rule orpractice affecting the charge or the value of service under the charge,except after thirty (30) days notice of the proposed change filed inthe required form and manner the department may, for good causeshown, allow a change upon less notice. However, the notice mustplainly state the change proposed to be made and the time when thechange will take effect.
(c) A carrier shall not demand, charge, or collect lesscompensation for the transportation than the charges filed inaccordance with this section, as affected by any rule or practice sofiled, or as may be prescribed by the department. It is unlawful forthe carrier, by the furnishing of special service, facilities, orprivileges, or by any other device, to charge, accept, or receive lessthan the minimum charges so filed or prescribed. The carrier, or anyclass or group, of the carrier may apply to the department for relieffrom this subsection, and the department may, after hearing, grantrelief to the extent, for the time, and in the manner as in its judgmentis consistent with the public interest.
(d) Whenever, after hearing, upon complaint or upon its owninitiative, the department finds that any minimum rate, fare, orcharge of any contract carrier by motor vehicle, or any rule,regulation, or practice of the carrier affecting the minimum rate, fare,or charge, or the value of the service, for the transportation ofpassengers or household goods or in connection under the rate, fareor charge, is in violation of any provision of this chapter, thedepartment may prescribe that transportation, just and reasonableminimum rates, fare, or charge, or a rule, regulation, or practice asjudgment is necessary in the public interest and will not be inviolation of any provision of this chapter. The minimum rate, fare, orcharge, or rule or practice, prescribed by the department, may notgive an advantage or preference to the carrier in competition withany common carrier by motor vehicle subject to this chapter, whichthe department may find to be undue or inconsistent with the publicinterest, and the department shall give due consideration to the costof the services rendered by those carriers, and to the effect of theminimum rate, fare, or charge, or rule, regulation, or practice, uponthe movement of traffic by such carriers. All complaints must statefully the facts complained of and the reasons for the complaint andshall be made under oath.
As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995,SEC.19.
IC 8-2.1-22-25
Contract carriers; new service or reduced charge; hearing;suspension
Sec. 25. (a) This section applies whenever there is filed with the
department by the contract carrier any schedule or contract stating acharge for a new service or a reduced charge directly, or by means ofany rule or practice, for the transportation of passengers or householdgoods in intrastate commerce.
(b) Upon complaint of interested parties or upon its own initiativeat once and, if it so orders, without answer or other formal pleadingby the interested party, but upon reasonable notice, the departmentmay enter upon a hearing concerning the lawfulness of the charge,rule, or practice. Pending the hearing and the decision on thecomplaint, the department, by filing with the schedule and deliveringto the carrier affected thereby a statement in writing of its reasons forthe suspension, may from time to time suspend the operation of theschedule and defer the use of the charge, rule, regulation, or practice,but not for a longer period than one hundred eighty (180) daysbeyond the time when it would otherwise go into effect. Afterhearing, whether completed before or after the charge, or rule orpractice goes into effect, the department may make the order withreference thereto as would be proper in a proceeding instituted afterit had become effective.
(c) If the proceeding has not been concluded and an order madewithin the period of suspension, the proposed change in any chargeor rule, regulation, or practice goes into effect at the end of theperiod.
As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995,SEC.20.
IC 8-2.1-22-26
Contract carriers; filing of contract copies; examination forconformity to published schedule
Sec. 26. (a) The department may require any contract motorcarrier to file with it a true copy of any contract, agreement, orarrangement between the carrier and any person in relation to anytraffic affected by this chapter. The department shall not, however,make public the contract, agreement, or arrangement between acontract carrier by motor vehicle and a shipper, or any of the termsor conditions of the contract except as a part of the record in a formalproceeding where it considers that action consistent with the publicinterest.
(b) If it appears from an examination of the contract that it fails toconform to the published schedule of the contract carrier by motorvehicle as required by this chapter, the department may make publicsuch of the provisions of the contract as the department considersnecessary to disclose the failure and the extent of the failure.
(c) This section does not apply to contracts filed instead ofschedules.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-27
Brokerage license requirements
Sec. 27. (a) A person shall not for compensation sell or offer for
sale transportation subject to this chapter, make any contract,agreement, or arrangement to provide, procure, furnish, or arrangefor the transportation of passengers, or profess by advertisement,solicitation, or otherwise as one who sells, provides, procures,contracts, or arranges for the transportation of passengers, unless theperson holds a broker's license issued by the department to engage inthe transactions. A person may not engage in transportation subjectto this chapter unless the person holds a certificate or a permit asprovided in this chapter. In the execution of any contract, agreement,or arrangement to sell, provide, procure, furnish, or arrange for thetransportation of passengers, a person may not employ any commonor contract carrier who is not the lawful holder of an effectivecertificate or permit issued as provided in this chapter.
(b) This section does not apply to any carrier holding a certificateor a permit under this chapter or to any employee or agent of themotor carrier, so far as concerns transportation to be furnishedwholly by the carrier or jointly with other motor carriers holding likecertificates or permits, or with a common carrier by railroad, express,or water.
(c) A brokerage license shall be issued to any qualified applicantfor a brokerage license, authorizing any part of the operationscovered by the application, if it is found that the applicant is fit,willing, and able to properly perform the service proposed and toconform to this chapter and the requirements, and rules of thedepartment thereunder, and that the proposed service, to the extentto be authorized by the license, is or will be consistent with thepublic interest, otherwise the application shall be denied.
(d) The department shall prescribe reasonable rules for theprotection of travelers by motor vehicle to be observed by any personholding a brokerage license, and no such license may be issued orremain in effect unless the person furnishes a bond or other securityapproved by the department, in a form and amount as will insurefinancial responsibility and the supplying of authorizedtransportation in accordance with contracts, agreements, orarrangements for the transportation.
(e) The department and its special agents and examiners have thesame authority as to accounts, reports, and records, includinginspection and preservation of the accounts, reports, and records, ofany person holding a brokerage license issued under this section thatthe department and the department's special agents and examinershave under this chapter with respect to motor carriers subject to thischapter.
(f) A person who violates this section commits a Class Cinfraction.
As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995,SEC.21.
IC 8-2.1-22-28
Certificate requirement exemptions
Sec. 28. A person may not transport passengers for compensation
as a special and charter carrier until after obtaining a certificate fromthe department, unless on December 31, 1982, the person:
(1) held a certificate for a special and charter carrier; or
(2) was exempt from the requirement for a certificate for aspecial and charter carrier under IC 8-2-7-29.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-29
Operation and impoundment of motor vehicle for hire; operatingauthority required
Sec. 29. (a) A person may not operate any motor vehicle over thepublic highways for hire, unless the operations are specificallyexempt under this chapter, without first having obtained appropriateoperating authority from the department to do so, and havingotherwise complied with all other applicable provisions of thischapter.
(b) The department or the state police department may apply to anadministrative law judge of the department or a court withjurisdiction for an order to impound a motor vehicle that is offeredby a motor carrier to the general public for the transportation ofpassengers for hire if:
(1) the motor carrier has not obtained the required authorityfrom the department to operate the motor vehicle for hire; and
(2) there is probable cause to believe that the motor vehicle hasbeen operated on an Indiana highway to transport passengersfor hire.
A hearing on an application to impound a motor vehicle under thissubsection may not be held sooner than three (3) days after the dateon which a notice of hearing on the application is served on themotor carrier. The motor carrier may contest the application toimpound the motor vehicle at the hearing.
(c) A motor carrier that operated a motor vehicle impoundedunder this section may not obtain possession of the impounded motorvehicle unless the motor carrier obtains the required authority tooperate the motor vehicle for hire.
As added by P.L.99-1989, SEC.13. Amended by P.L.176-2006,SEC.8.
IC 8-2.1-22-30
Amendment, change, suspension, or revocation of certificate orpermit
Sec. 30. (a) Any certificate or permit, upon application of theholder of the certificate or permit, in the discretion of the department,may be amended or revoked in whole or in part, or may, uponcomplaint or on the department's own initiative, after notice andhearing, be suspended, changed or revoked in whole or in part forwillful failure to comply with any provision of this chapter, or withany lawful order or rule prescribed by the department, or with anyterm, condition, or limitation of the certificate or permit.
(b) In any cause instituted by the department on its own initiative,
the burden is on the carrier to show cause why the certificate orpermit should not be suspended, changed, or revoked in whole or inpart and the department, by its authorized representative, mayintroduce evidence in the hearing.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-31
Broker's license; duration; fee; suspension or revocation
Sec. 31. The department may suspend or revoke the license of anybroker for any violation of this chapter or any rule issued thereunderby the department. The fee for a broker's license is one hundreddollars ($100), which shall be paid at the time the application ismade and shall be disposed of in the manner as other fees which arecollected by the department. Any license so issued to any brokerremains valid until surrendered or revoked.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-32
Application of chapter
Sec. 32. This chapter applies to persons engaged in thetransportation of passengers or household goods over the publichighways regardless of whether that transportation is interstate orintrastate, except to the extent this chapter contravenes theConstitution or the laws of the United States.
As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995,SEC.22.
IC 8-2.1-22-33
Registration of vehicles
Sec. 33. A person who is engaged in the intrastate transportationof passengers or household goods must register under the unifiedcarrier registration system in accordance with rules adopted by thedepartment under IC 4-22-2 before operating a motor vehicle upona public highway located in Indiana.
As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995,SEC.23; P.L.42-2007, SEC.10.
IC 8-2.1-22-34
Nonresident carriers; service of process
Sec. 34. (a) Every nonresident common carrier and contractcarrier regulated under this chapter shall file, and keep on file, withthe department a designation in writing of the name and postofficeaddress of a citizen and resident of Indiana upon whom service ofnotices or orders may be made, and upon whom process issued by orunder the authority of any court having jurisdiction of the subjectmatter may be served in any proceeding at law or equity broughtagainst such the carrier.
(b) Service of notices or orders in proceedings under this chaptermay be made upon the carrier by personal service upon it, or uponthe citizen so designated by it, or by registered mail addressed to it
at the last address shown by the records of the department.
(c) In default of that designation, in case of vacancy, or if for anyother reason personal service cannot be had upon the carrier, serviceof the notice or order may be made by serving two (2) copies uponthe department. When service is had upon the department asprovided in this subsection, the department shall promptly mail one(1) copy of the notice or order served upon him to the carrier byregistered mail at the last address shown by the records of thedepartment, and the date of mailing shall be considered as the timewhen notice is served.
(d) When notice is given by mail as provided in this section, thedate of mailing shall be considered the time when notice is served.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-35
Highway designation to prevent congestion; enforcement andnotice of orders
Sec. 35. In addition to the other powers conferred in this chapterupon the department, it may designate from time to time the publichighways, as routes, over which carriers subject to this chapter mayor may not operate, and may designate the time that the vehicles mayor may not be operated public highways, so as to prevent congestionthat may affect the safety of persons or property upon the publichighways. The department may also provide for the enforcement ofits orders and the notice of the orders, if any, that shall be given tosuch carriers.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-36
Temporary authority or emergency temporary authority for onetrip or occasional trips
Sec. 36. In addition to all other powers granted to the departmentunder this chapter, the department may issue, in accordance with itsrules, "temporary authority" or "emergency temporary authority" topersons to whom permanent permits or certificates have been issued,or to persons who have filed new applications for permanent permitsor certificates, and also to persons when there appears a necessity tomake one (1) trip or occasional trips.
As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995,SEC.24.
IC 8-2.1-22-37
War or national emergency; suspension of certificate or permit
Sec. 37. In addition to all other powers granted to the departmentunder this chapter, the department may suspend, in whole or in part,any certificate or permit, upon the application of the holder thereof,without notice, for the duration of a declared war or a declarednational emergency and for a period of six (6) months thereafter, orfor any lesser period of time.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-38
Rebates, consideration, or discrimination in violation of chapter;assisting or permitting transportation at less than approved rate;fraudulent activity; operator of vehicle for hire not to operate untilowner or lessor secures required authority
Sec. 38. (a) A person, whether carrier, shipper, or officer,employee, agent, or representative thereof, shall not knowingly offer,grant, give, solicit, accept, or receive any rebate, consideration, ordiscrimination in violation of this chapter. A person shall not, bymeans of any false or fictitious bill, bill of lading, receipt, voucher,account, claim, certificate, affidavit, deposition, lease, or bill of sale,or by any other means or device, knowingly assist or permit anyperson to obtain transportation of passengers or household goodssubject to this chapter for less than the rate, fare, or charge approvedby the department. A person shall not knowingly, by any such meansor otherwise, fraudulently seek to evade or defeat regulations as inthis chapter provided for motor carriers.
(b) An operator of a motor vehicle for hire, which vehicle belongsto or is leased by an intrastate or interstate common or contractcarrier for hire, who transports persons or household goods over thehighways without required authority issued by the department, shallnot operate the motor vehicle until the owner or lessor has securedthe required authority from the department, but the offender shall begiven an opportunity to secure the services of a certificated carrier,having the required authority, to transport the lading on theoffender's motor vehicle to its intended destination.
(c) A person who violates this section commits a Class Cinfraction.
As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995,SEC.25.
IC 8-2.1-22-39
Expiration of vehicle registrations
Sec. 39. All registrations of motor vehicles required in thischapter expire on December 31 of each year, and each motor vehiclecontinued in service shall be registered for each such year.
As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995,SEC.26.
IC 8-2.1-22-40
Application forms for certificates and permits to operate motorvehicles; filing and publication fees
Sec. 40. (a) All applications under this chapter for a commoncarrier certificate or a contract carrier permit to operate motorvehicles, intrastate or interstate, shall be made on forms prescribedby the department.
(b) All applications for a common carrier certificate of publicconvenience and necessity, or a contract carrier permit, to operatemotor vehicles intrastate on the public highways, which applicationsrequire a public hearing thereon, shall be accompanied by a filing fee
of one hundred dollars ($100). Each petition for reinstatement of acommon carrier certificate of public convenience and necessity, ora contract carrier permit, to operate motor vehicles intrastate, on thehighways of this state, shall be accompanied by a filing fee of fiftydollars ($50).
(c) All applications for a temporary certificate of publicconvenience and necessity, or for a contract carrier permit to operatemotor vehicles on the highways of this state in intrastate commerce,shall be accompanied by a filing fee of one hundred dollars ($100).
(d) All applications for a change in the name of the holder of acommon carrier certificate of public convenience and necessity, ofa common carrier certificate of authority or certificate of registration,or of a contract carrier permit, which change of name does notinvolve a change in the ownership of the operating rights of thecertificate or permit holder, shall be made by verified petition to thedepartment, and the applications shall be accompanied by a filing feeof twenty-five dollars ($25).
(e) In addition to the filing fees prescribed in subsection (b), allapplications for a common carrier certificate of public convenienceand necessity, or for a contract carrier permit, to operate motorvehicles intrastate, on the public highways, which applicationsrequire a public hearing thereon, shall be accompanied by apublication fee of eighty dollars ($80). Whenever any republicationis required through no fault of the department, the party responsibletherefor shall be required to pay an additional publication fee ofeighty dollars ($80) for each republication.
(f) Each petition for rehearing of an application for a commoncarrier certificate of public convenience and necessity, or for acontract carrier permit, to operate motor vehicles intrastate, on thepublic highways, shall be accompanied by a filing fee of twenty-fivedollars ($25).
(g) Each application or petition for alteration or change of acommon carrier certificate of public convenience and necessity, ora contract carrier permit, to operate motor vehicles intrastate, on thepublic highways, shall be accompanied by a filing fee of fifty dollars($50).
(h) Each application requesting permission to deviate from thedepartment's tariff publishing regulations shall be accompanied by afiling fee of fifteen dollars ($15).
As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995,SEC.27; P.L.176-2006, SEC.9.
IC 8-2.1-22-41
Repealed
(Repealed by P.L.110-1995, SEC.35.)
IC 8-2.1-22-42
Intrastate carriers; identification to be displayed on each vehicle
Sec. 42. (a) An intrastate motor carrier regulated under thischapter shall display identification, in the method prescribed by rules
of the department, on each motor vehicle it operates.
(b) A person who violates this section commits a Class Cinfraction.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-43
Repealed
(Repealed by P.L.110-1995, SEC.35.)
IC 8-2.1-22-44
Deposit of fees into motor carrier regulation fund
Sec. 44. All fees prescribed in this chapter shall be paid to thetreasurer of state through the department and deposited in the motorcarrier regulation fund.
As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-45
Augmenting, interchanging, or leasing equipment
Sec. 45. (a) A motor carrier regulated under this chapter thataugments equipment, interchanges equipment, or leases equipment,with or without drivers, shall comply with the rules of the departmentgoverning lease and interchange of vehicles.
(b) A person who violates this section commits a Class Cinfraction.
As added by P.L.99-1989, SEC.13.