IC 8-2-18
    Chapter 18. Intrastate Railroad Freight Rates

IC 8-2-18-1
Statements to patrons; offenses; civil damages
    Sec. 1. (a) Every common carrier doing intrastate business withinIndiana shall, within a reasonable time, give a written statement ofthe rate applicable to a described shipment between stated points inIndiana under the schedules or tariffs of the carrier, upon writtenrequest by a person who is a bona fide prospective shipper orreceiver of freight, or who has a bona fide interest therein, madeupon a general or local freight or station agent of the carrier.
    (b) If a carrier refuses or omits to give a statement undersubsection (a) within a reasonable time, or misstates in writing theapplicable rate, and the person, firm, limited liability company, orcorporation making the request suffers harm in consequence of therefusal, omission, or misstatement of the rate, either through makingthe shipment over a line or route for which the proper rate is higherthan the rate over another available line or route or through enteringinto a sale, purchase, or contract by which the person, firm, limitedliability company, or corporation is or becomes obligated to make orreceive a shipment of freight, the carrier is liable to a penalty of notless than one hundred dollars ($100) nor more than two hundred fiftydollars ($250), which accrues to the state.
    (c) The fine under subsection (b) may be recovered, together withreasonable attorney's fees, in a civil action by the Indiana departmentof transportation.
    (d) In addition to being liable to the Indiana department oftransportation, a carrier is liable to the person, firm, limited liabilitycompany, or corporation injured for the amount of the injury,together with six percent (6%) interest from the date of the injuryand reasonable attorney's fees.
    (e) Liability under this section is not discharged by the carrierunless the discharge is approved by the Indiana department oftransportation as being free from any attempt or purpose to evade alaw of this state.
    (f) If during the course of any action upon the liability to theperson injured it appears to the satisfaction of the court or jury tryingthe cause that the parties have combined or agreed to obtain or allowany undue advantage or rebate or preference to the injured person,upon a finding to that effect, the cause shall be dismissed and thedismissal and finding reported by the court to the Indiana departmentof transportation and to the proper prosecuting attorney havingjurisdiction.
(Formerly: Acts 1911, c.184, s.1.) As amended by P.L.59-1984,SEC.114; P.L.384-1987(ss), SEC.9; P.L.18-1990, SEC.30;P.L.8-1993, SEC.133.

IC 8-2-18-2
Appeals    Sec. 2. Such dismissal shall be taken and deemed a finaljudgment, and appeal may be taken therefrom or from any otherjudgment in any such cause the same as in other civil cases.
(Formerly: Acts 1911, c.184, s.2.)

IC 8-2-18-3
Penalties or forfeitures; double jeopardy
    Sec. 3. No carrier making any settlement or payment upon theapproval of the said commission or pursuant to a judgment or orderof court under this chapter shall be liable for any penalty or forfeitureor subject to any prosecution under any other law of this state onaccount of the said payment or settlement.
(Formerly: Acts 1911, c.184, s.3.) As amended by P.L.59-1984,SEC.115.

IC 8-2-18-4
Submission of information
    Sec. 4. The Indiana department of transportation may require froma person, firm, limited liability company, or corporation anyinformation necessary to the determination of whether thedepartment shall give its approval to a claim under this chapter. If arequest for information is refused by the injured person, thedepartment may decline the claim, and the claim shall not be suedupon thereafter. If the information is refused, a request forinformation evaded, or the search for information by the departmentbe made difficult by the carrier, the department shall endorse the facton the claim and the endorsement shall support any action as ifapproved by the department.
(Formerly: Acts 1911, c.184, s.4.) As amended by P.L.384-1987(ss),SEC.10; P.L.18-1990, SEC.31; P.L.8-1993, SEC.134.