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 toas "the department" in this chapter) has the duty, as provided in thischapter:
        (1) to supervise all railroad freight and passenger tariffs, and toadopt all necessary rules to govern car distribution and delivery,train service and accommodations, and demurrage rules andcharges, and for car service, or the transfer and switching ofcars from one (1) railroad to another at junction points, orwhere entering the same city or town, and to supervise chargestherefor;
        (2) to require and supervise the location and construction ofsidings and connections between railroads;
        (3) to supervise the crossing of the tracks and sidetracks ofrailroads by other railroads in process of construction orextension, and to prescribe the terms and conditions and mannerin which the crossings shall be made, and the character thereof,whether at grade or over or under grade, and the authorityvested on April 15, 1905, in the auditor of state under statestatutes with reference to the crossings of railroads by otherrailroads, or by railroads operated by electricity, and theinstallation and maintenance of interlocking appliances at thecrossings;
        (4) to supervise and regulate private car line service and privatetracks where the tracks are operated in connection with anyrailroad in this state or share in the rates or earnings of anycommon carrier subject to the provisions of this chapter;
        (5) to correct abuses and prevent unjust discrimination andextortion in the rates of freight and passenger tariffs on thedifferent railroads; and
        (6) to enforce the same by proceedings for the enforcement ofpenalties provided by law through courts of competentjurisdiction.
The classification of freight adopted by the railroads shall be uniformand shall apply to and be the same for all railroads subject to theprovisions of this chapter.
    (b) The department has the duty, as provided in this chapter, uponthe failure of the railroad companies so to do, to fix and establish forall or any connecting lines of railroads in this state reasonable jointrates of freight, transfer, and switching charges for the variousclasses of freight and cars that may pass over two (2) or more linesof the railroads.    (c) If any two (2) or more connecting railroad companies shall failto agree upon a fair and just division of the charges arising from thetransportation of freights, passengers, or cars over their lines, thedepartment shall, as provided in this chapter, fix the pro rata part ofthe 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 ratesestablished by any railroad company or companies wheneverfound to be unjust, unreasonable, or discriminative;
        (2) to make and substitute for the unjust, unreasonable, ordiscriminative rates or classifications amended, altered, or newclassifications or rates, which shall be put into effect by therailroad company or companies; and
        (3) in case any carrier fails to have any rate or schedule of ratesto any point on its line or on any connecting line in this state,the department, as provided in this chapter, may make and ordera rate or schedule of rates, which shall be published and put intoeffect by the carrier or carriers.
    (e) The department may adopt and enforce the rules and modes ofprocedure it considers proper to hear and determine complaints andfor the conduct of all investigations held by it or its appointees andto regulate the conduct of the department's inspectors and appointees.
    (f) The department:
        (1) shall enforce, as provided in this chapter, reasonable andjust rates of charges for each railroad company subject to thischapter for the use or transportation of loaded or empty cars onits road; and
        (2) may enforce, for each railroad or for all railroads alike,reasonable rates for storing and handling of freight, and for theuse of cars not loaded or unloaded within forty-eight (48) hoursafter notice of arrival and placement for service, not to includeSundays or legal holidays.
    (g) The department shall enforce reasonable rates as provided inthis chapter for the transportation of passengers over each or all ofthe railroads subject in this chapter, which rates shall not exceed therates fixed by law. The department may enforce reasonable rates,tolls, or charges for all other services performed by any railroadsubject to this chapter.
    (h) Under this section, the power of the department extends to anycase where any person, firm, corporation, limited liability company,or association, or any mercantile, agricultural, or manufacturingsociety, or any body politic or municipal organization, complains ofanything done or omitted to be done by any common carrier subjectto this chapter, and applies to the department by petition, which shallbriefly state the facts. A statement of the charges thus made shall beforwarded by the department to the common carrier, who shall becalled upon to satisfy the complaint or to answer the complaint inwriting, within a reasonable time specified by the department. If thecarrier does not satisfy the complaint within the time specified, orthere appears to be any reasonable ground for investigating the

complaint, the department shall investigate the matters complainedof, and no complaint shall, at any time, be dismissed because of theabsence of direct damage to the complainant. The department may,after the investigation, make the corrections, alterations, changes, ornew rules or rates as may be necessary to prevent injustice ordiscrimination 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 thedepartment, such order shall operate for the benefit of all persons orcorporations situated similarly with the complaining party.
    (i) Every such carrier shall annually, before April 1, file with thedepartment, under the signature and oath of the department'sprincipal accounting officer, a detailed report, in the form prescribedby the department, of all the carrier's financial and businessoperations in Indiana for the year ending on the preceding December31. The report shall embrace the other information and facts as shallbe prescribed by the Interstate Commerce Commission for reports ofinterstate carriers thereto, and the reports shall be in the formprescribed, insofar as the same is applicable. Any carrier failing tomake the report for thirty (30) days after the same is due, unless thetime therefor is extended by the department, shall forfeit and pay tothe state the sum of one hundred dollars ($100) for each day of thedefault, to be collected as provided in this chapter.
    (j) All carriers subject to this chapter and operating railroads shallafford reasonable and proper facilities for the interchange of trafficbetween the carriers' respective lines at junction points, and for therereceiving, forwarding, and delivering passengers and property, andeach carrier shall transfer, deliver, and accept, without delay ordiscrimination, and promptly forward, all freight or cars, loaded orempty, and all or any passengers there tendered by the connectinglines and destined to any point on the carrier's line or any connectingline. The department may not, by virtue of any provision in thischapter compel any railway company to carry any freight prohibitedby any municipal ordinance or contract.
    (k) Every carrier engaged in handling freight in carload lots maybe required, upon application therefor by the party having use for thesame, to construct upon the carrier's property and properly connectwith the carrier's line, when the same can be done with safety, and isreasonably 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 forthe proprietor thereof to construct the same on the proprietor'sproperty. Title to any siding shall remain in the carrier, which mayremove the same whenever it becomes necessary so to do toaccommodate the public interests, upon payment of the value of thematerial in the track, if the cost of original construction shall havebeen paid by the industry, and providing that the track may be usedby the carrier in performing switching service to any industry locatedbeyond the elevator, mill, factory, or other industrial enterprise. In

case the carrier and the proprietor cannot agree upon the terms forconstructing and maintaining the facilities, the department, uponapplication, shall prescribe the terms upon which the same shall beconstructed and maintained. Every carrier shall, upon request andupon the payment of reasonable compensation therefor, construct aswitch connection from the carrier's line to and connecting with anylateral or branch line of railroad, or any private or industrial switch,which shall be constructed adjacent to the carrier's line and propertyin this state, whenever the connection is reasonably practicable andcan 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 andmaintaining same.
    (l) All carriers handling freight in carload lots, at all points in thisstate where they connect with, or cross, at, over, or under grade, theline or lines of any one (1) or more carriers engaged in like business,shall construct and maintain proper interchange tracks and switchesat all such points so that carload traffic may be convenientlyinterchanged between the carriers at the points, and, for the purposeof enabling the carriers to comply with this requirement, they areempowered to jointly purchase and own, or appropriate, under statestatutes concerning the exercise of the powers of eminent domain,any additional lands or property necessary to enable them to complywith this requirement. Upon a sufficient showing, the departmentmay relieve the carrier from the operation of this provision until thetime as the necessity therefor shall arise. In case the connectingcarriers cannot agree as to the division of the expense of making andmaintaining the facilities and tracks, the department, uponapplication therefor, shall determine the same.
    (m) Every connecting carrier shall, upon the order of thedepartment, made upon complaint filed and after a hearing is had, asprovided in this chapter, received from the carrier's connecting lines,at junction points all carload shipments tendered by the connectingline, and, upon payment of reasonable transfer or switching chargestherefor, transport the car over the carrier's tracks and deliver thesame to the consignee on the consignee's private track connectedwith the tracks. Every connecting carrier, at junction or terminalpoints, upon like complaint, proceedings, and order of thedepartment, as provided in this subsection, shall accept from anyother connecting carrier any empty car there tendered, and, uponpayment of a reasonable switching charge therefor, shall transportsuch empty car to any industry or private track connected with thecarrier's line at such junction or terminal point for loading, and returnthe same, when loaded, to the line making the delivery. Any carrieris not required to perform switching services in any case where thecarrier can transport the freight to destination and point of deliverywith reasonable dispatch and at the same rate as the line offering thecar, and shall, at the time offer the car and be prepared to perform theservices. Every carrier subject to this chapter who shall receive a caror cars belonging to another carrier at a terminal or junction point

shall, upon the demand of the owner of the car or cars, promptlyreturn the same, loaded or empty, to the terminal or junction point bythe most direct available route, and any court of competentjurisdiction shall, upon proper application, have full power andauthority to enforce this requirement.
    (n) All railroad companies doing business in this state shall, uponthe demand of any person or persons interested, establish reasonablejoint rates for the transportation of freight between points uponrespective lines within this state, and shall receive and transportfreight 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 chargetherefor to the shipper or receiver of the carload lots, and unless thetransfer be made without unreasonable delay. Less than carload lotsshall be transferred into the connecting railway's cars at cost, whichshall be included in and made a part of the joint rate adopted by therailroad companies, or established as provided in this chapter.
    (o) No carrier shall construct a line of railroad across another lineof railroad in this state without the approval of the department, noruntil an application therefor and an instrument of appropriation toacquire the rights has been filed with the department and notice givento the connecting lines and a hearing thereon had. The departmentmay, in any proceedings, determine in what manner and at what pointthe crossing shall be made, and whether the crossing shall be atgrade, or over or under grade. When the department determines theplace and manner of crossing, it shall determine the damages, if any,which the junior line shall pay to the senior line or lines for theprivilege of crossing. The department, by the department's order,shall determine and define the manner in which the crossing shall bemade, and thereafter maintained, and the manner in which theexpense thereof shall be apportioned between the connecting lines,and, in what manner, the work shall be performed, and by whom andwithin what time, and other matters as may be necessary to fullydetermine the controversy between the parties. The junior line, uponthe payment or tender of the damages awarded, may proceed with theconstruction of the crossing, in accordance with the order of thedepartment. In case any crossing shall be on a street in any city orincorporated town in this state, then the order of the departmentconcerning the same shall not become operative until the legislativebody of the city or town shall consent thereto by resolution.
    (p) Any carrier which shall be dissatisfied with the damagesawarded by the department may commence in any circuit or superiorcourt of the county where a crossing is located, an action against theother connecting line or lines at the point, for the purpose of havingdamages reassessed by the court in accordance with state statutesconcerning the exercise of the powers and privileges of eminentdomain, and, in the court, the only question triable shall be theamount of damages properly chargeable against the crossing line onaccount of the crossing being made and constructed in the mannerfixed and upon the terms prescribed by the department therefor, and

to be maintained in the manner and upon the terms prescribed by thedepartment. Any interurban railroad company may cross with theinterurban railroad company's feed and transmission wires over orunder the right-of-way, tracks, wires, and railroad of any steaminterurban railroad company, and the wires and other appliances ofany telegraph, telephone, electric light, power, or other companymaintaining wires, after an application therefor and an instrument ofappropriation to acquire the right has been filed with the departmentand at least ten (10) days notice thereof given to the company whoseproperty is to be crossed and a hearing had thereon. The departmentmay determine in what manner the crossing shall be made at anypoint other than upon streets and highways and, as to crossings ofstreets and highways, the applicable law shall control the rights ofthe parties. The department, by the department's order, shalldetermine and define the manner in which the crossings shall bemade and thereafter maintained, and the manner in which theexpense thereof shall be apportioned between the crossingcompanies, and in what manner the work shall be performed and bywhom and within what time, and other matters as may be necessaryto fully determine the controversy between the parties. Thedepartment may determine the amount of damages, if any, allowedto the company whose property is to be crossed at any point otherthan upon streets or highways by feed or transmission wires, and anyparty dissatisfied with any award of damages may appeal therefromto the circuit court of the proper county upon the question ofdamages only. Upon the payment or tender of damages, if any,allowed by the department, the company desiring to cross mayproceed with the construction of the company's feed or transmissionwires over or under the right-of-way, tracks, wires, railroad, andother appliances of any of the companies.
    (q) In addition to the authority conferred on April 9, 1907, uponthe department to order the installation and maintenance ofinterlocking devices and appliances at railroad crossings in this state,the department may order any carriers subject to this chapter whoserailroad lines cross each other at grade, or to order any carrier subjectto the provisions of this chapter whose line of railroad crosses anystream in this state by a swing or draw bridge, to install, maintain, oroperate, at the crossing, or at the bridge, an approved interlockingand derailing device, or to make connecting or other changes in anyexisting device. Notice shall be given the carriers, as in otherproceedings before the department, and plans submitted andapproved by the department, and the department shall determine,when necessary, or when the carriers fail to agree, the division ofexpense for the construction, maintenance, and operation of theinterlocker, and may assign to one (1) of the connecting lines theconstruction, maintenance, and operation thereof. Every carrierwhich shall fail to install such interlocker or make such changeswithin the time fixed by the department shall forfeit and pay to thestate the sum of one hundred dollars ($100) for each week that thefailure shall be continued. The carrier or carriers shall not be

requested to install a device in any city or incorporated town in thisstate until the city or town legislative body shall approve the same,by resolution, duly entered of record. This subsection does not applyto any interurban railroad crossing, any railroad, interurban railroad,any street, highway, or private right-of-way in any city or town inthis state.
    (r) The department, whenever it determines that life and propertywill be best secured thereby, shall order the operation of anyinterlocking device in use in this state to be discontinued until thesame shall be put in the condition required by the department. Theoperation of a device by a carrier, after the same has been forbiddenby the department, is unlawful.
    (s) The department may, on the application of any railroadcorporation, authorize the corporation to use any safeguard or device,approved by the department, in place of any safeguard or devicerequired by this chapter. The same penalties for neglect or refusal toinstall or use the same shall be incurred and imposed as for a failureto install or use the safeguard or device required by this chapter, inlieu 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 allpersons who may apply therefor, for the transportation of any and allkinds of freight in carload lots. In case of insufficiency of cars at anytime to meet all requirements, cars as are available shall bedistributed among the several applicants therefor in proportion to theapplicant's respective immediate requirements, withoutdiscrimination between shippers or competitive or noncompetitiveplaces; however, preference may be given to shipments of livestockand 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 andinclude 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 amendedby 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 expresscompanies or other carriers or companies subject to this chapter shallbe revised or changed under this chapter, and before any order shallbe made by the department changing the rules of any such company

respecting car service, the transfer or switching of cars from onerailroad to another, or respecting the location or construction ofsidings and connections between roads or respecting joint rates orcharges by two (2) or more of such companies, the department shallgive the company or companies affected by such proposed order orrevision not less than ten (10) days written notice of the time andplace where such rates or charges or the matters involved in saidproposed order shall be considered, and such company shall beentitled to a hearing at the time and place specified in such noticeand shall have process to enforce the attendance of the company'switnesses. All process provided for in this section shall be served asin civil cases.
    (b) The director of the department, for the purposes of thischapter, may administer all oaths proper or necessary in the courseof any hearing or investigation provided for by this chapter, or in thedispatch of any business concerning the department or thedepartment's duties. Subpoenas commanding the attendance ofwitnesses and the production of papers, bills of lading, or otherevidence of shipment, way-bills, books, accounts, and otherdocuments deemed necessary by the department in any proceedingpending before the department may be issued by the department andserved by reading or by copy, and such subpoenas shall be servedand the attendance of all such witnesses enforced as provided for inthis chapter.
(Formerly: Acts 1905, c.53, s.4; Acts 1907, c.241, s.4.) As amendedby 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 providedin this chapter, and in all proceedings in any court in this state asprovided in this chapter, the department and such courts shall receivein evidence all schedules of rates and charges and rules in force bysuch carriers in this state and filed with the department as providedin this chapter and of all such rates and rules as shall be adopted bythe department or ordered observed by any court of this state asprovided in this chapter without formal proof thereof being made,and the department and such courts shall likewise also receive inevidence the contents of all reports made to the department by suchcarriers as required in this chapter, and of all official and statisticalreports and publications, published by the bureau of statistics in thisstate, or by the department of local government finance, by theInterstate Commerce Commission, and by the department havingcontrol of the federal census and of the United States commissionerof corporations, without formal proof being offered concerningauthenticity.
(Formerly: Acts 1905, c.53, s.5; Acts 1907, c.241, s.5.) As amendedby 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 generalduties
    Sec. 5. (a) In addition to the authority vested in the department todetermine what shall be just, reasonable, and indiscriminative ratesfor further observance, upon complaint filed as provided in thischapter, whenever the department determines that the rates chargedby such carriers upon any kind of property in this state, or that therates upon any carrier's lines in this state, or that any class of rates inforce upon the carrier's lines in this state, or any part thereof, areexcessive, or unjust, or discriminative, or unduly prejudicial, or inviolation of the statutes of this state, shall investigate the same and,for that purpose, the department shall give to the carrier or carriersinterested therein twenty (20) days notice of the purpose to makesuch investigation, stating what rates are to be investigated andrequiring the carrier so notified to appear at the time and placespecified in such notice and to be heard therein, if they so desire. Atany hearing, any party interested in such rates shall be heard by thedirector of the department or a person designated by the director,either in person or by counsel, and the department may after suchinvestigation, make such corrections, alterations, changes, or newrules or rates as may be necessary to prevent injustice ordiscrimination.
    (b) In addition to the authority given to the department to enforcethis chapter and the other statutes of this state as provided in thissection, the department may, upon complaint filed by any person,firm, corporation, limited liability company, or association, or anymercantile, agricultural, or manufacturing society, or any bodypolitic or municipal organization, and after a hearing thereon, enteran order requiring any such carrier to comply with the duty,obligations, and requirements of this chapter and all other statutes ofthe state concerning the duties, obligations, and requirements of suchcarriers in the performance of the carriers' duties to the public ascommon carriers.
    (c) The department may grant rehearings in any case in which thedepartment has made a final order, or to alter, change, or modify anyfinal order made by it. All orders of the department, except asotherwise provided in this chapter, take effect within such reasonabletime, not more than thirty (30) days after entry thereof, and continuein force for such period of time as shall be prescribed in the order ofthe department, unless the same shall be suspended, or set aside ormodified by the department, or be suspended or set aside or modifiedupon 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 orclassification or schedule or rates or charges are adopted by it,furnish each railroad company affected thereby with a certified copythereof in suitable form, showing the revision, alteration, or rulemade by the department, to be delivered to each such carrier byUnited States mail directed to some officer or agent of the carrier inthis state.
    (b) This chapter does not authorize or empower the department,or any court of this state, to establish, change, or modify any rate orcharge for any service to be performed by any common carrier in thisstate 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 amendedby 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 ofwitnesses; compelling production of evidence; violation
    Sec. 7. In any matter or controversy under investigation by thedepartment, the director or a person designated by the director mayinspect the books, papers, or other documents of any railroadcompany subject to this chapter, and examine, under oath, anyofficer, agent, or employee of the railroad company in relation to thecompany's business and affairs. The department may also exerciselike powers as to all other persons having books, papers, documents,or information bearing upon the investigation. If any railroadcompany or other person fails to permit any authorized person toexamine its books, papers, or other documents, the railroad companyor other person commits a Class C infraction. Each day of violationconstitutes a separate offense. A person who demands access to thedocuments must produce proof of the person's authority to make theinspection.
(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 filewith the department, print, and keep open to public inspectionschedules showing all the rates, fares, and charges for transportationbetween different points on the carrier's own route, and betweenpoints on the carrier's own route and points on the route of any othercarrier via railroad where a through route and joint rate has beenestablished. If no joint rate over the through route has beenestablished, 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, icingcharges, and all other charges which the commission mayrequire, all privileges or facilities granted or allowed, and anyrules or regulations which in anywise change, affect, ordetermine any part or the aggregate of such aforesaid rates,fares, and charges, or the value of the service rendered to thepassenger, shipper, or consignee.
    (c) This section applies to all traffic, transportation, and facilitiesdefined in this chapter. The department may, upon petition, or on thedepartment's own initiative, when it is shown such relief will not beinconsistent with the public interest, grant relief from postingprovisions herein provided.
    (d) No change shall be made in the rates and charges or joint ratesand charges or any rule for or in connection with the transportationof property which have been filed and published by any commoncarrier in compliance with this section, except after thirty (30) daysnotice to the department and publication. No change shall be madein the fares and charges or any rule for or in connection with thetransportation of passengers which have been filed and published byany common carrier in compliance with the requirements of thissection, except after ten (10) days notice to the department andpublication. Such notice shall plainly state the changes proposed tobe made in the schedule then in force and the time when the changedrates, fares, or charges will go into effect. The proposed changesshall be shown by printing new schedules, or shall be plainlyindicated upon the schedules in force at the time and kept open topublic inspection. The department may, for good cause shown, allowchanges upon less than the notice herein specified, or modify therequirements of this section in respect to publishing, posting, andfiling of tariffs, either in particular instances or by a general orderapplicable to special or peculiar circumstances or conditions. Eachapplication requesting permission to deviate from the commission'stariff publishing regulations shall be accompanied by a filing fee offifteen dollars ($15). The department may make suitable rules for thesimplification of schedules of rates, fares, charges, andclassifications, and to permit in such rules the filing of anamendment of or change in any rate, fare, charge, or classificationwithout filing complete schedules covering rates, fares, charges, orclassifications not changed if, in its judgment, not inconsistent withthe public interest.
    (e) The names of the several carriers which are parties to any jointtariff shall be specified therein and each of the parties, thereto, otherthan the one filing the same, shall file with the department suchevidence of concurrence therein or acceptance thereof as may berequired or approved by the department, and where such evidence ofconcurrence or acceptance is filed it is not necessary for the carriersfiling same also to file copies of the tariffs in which they are namedas parties.    (f) Every common carrier subject to this chapter may be requiredby the department, if in the department's discretion the public interestwould be better served, to file with the department copies of allcontracts, agreements, or arrangements with other common carriersin relation to any traffic affected by this chapter to which it may bea party.
    (g) Schedules required to be filed by this chapter shall bepublished, filed, and posted in such form and manner as thedepartment by rule shall prescribe. The department may reject anyschedule filed with the department which is not in accordance withthis section and with such rules. Any schedule rejected by thedepartment is void and its use is unlawful.
    (h) No carrier, unless otherwise provided in this section, shallengage or participate in the common carrier transportation ofpassengers or property, as defined in this chapter, unless the rates,fares, and charges on which the same are transported by such carriershall have been filed and published in accordance with this section,nor shall any carrier charge, demand, collect, or receive a differentcompensation for such common carrier transportation of passengersor property or for any service in connection therewith between thepoints named in such tariffs than the rates, fares, and charges whichare specified in the tariff, filed and in effect at the time, neither shallany carrier, except by order of the department, refund or remit in anymanner or by any device any portion of the rates, fares, and chargesso specified, or extend to any shipper or person any privileges orfacilities in the common carrier transportation of passengers orproperty, except such as are specified in such tariffs. Where it isnecessary for property to be transported or other service as acommon carrier to be rendered at once by such carrier, and no ratesfor the transportation of the same or such other service are applicablethereto and the emergency is such that a rate therefor cannot bepublished and filed according to law, the department may, uponrequest of any interested carrier or shipper, permit the carrier totransport such property or render such service upon a rate or ratesthen determined by the department, or, the department may permitsuch transportation or other service, the rate to be thereafterreasonably adjusted by the shipper and carrier, subject to theapproval of the department. Such carriers shall, as soon as possibleafter making a request of the department, file with the department aschedule of rates covering the future transportation of such propertyor 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.) Asamended 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 tothe hearing and consideration of any complaint made to thedepartment and may elicit from any railroad company or companies,

or any other person or corporation to be affected by any suchinvestigation, any and all information necessary to the considerationand determination of any and all questions over which thedepartment shall have jurisdiction, and, for said purpose, thedepartment may submit blanks provided for the purpose of elicitingsuch information or may submit written interrogatories to suchrailroad company or companies or person or corporation, and saidblanks shall be properly filled out and said interrogatories answeredas to answer fully and correctly each question therein propounded,and in case they are unable to answer any question, they shall give asatisfactory reason for their failure, and their said answers, dulysworn to by the proper officers of said company or corporation or bysaid person, shall be returned to the department within the time fixedtherefor by the department in the department's order, or thedepartment may use such other means of securing such informationas the department considers expedient.
    (b) If any such carrier, the carrier's officer or employee, or anyother person or corporation or the person's or corporation's agents oremployees fail or refuse to fill out and return any blank or to answerany interrogatories as above required, or fail or refuse to answer anyquestions therein propounded, or give a false answer to any suchquestion 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 thedepartment, and in all proceedings pending before the department,may require any such carrier, other party or corporation to producebefore the department, to be used as evidence in such investigationor proceedings, any book, record, contract, letter, paper, or otherdocument in the possession, or under the control, or subject to theorder, of any such carrier, other party or corporation, which isnecessary or proper to be considered in evidence in any suchproceedings, and in case any such carrier or other party orcorporation shall fail or refuse to produce the same, such carrier, orother party or corporation shall forfeit and pay to the state of Indianaa sum not less than one hundred dollars ($100) nor more than fivehundred dollars ($500), to be collected as provided in this chapter.
    (d) The department shall publish, with annotations, for theinformation of the public, the laws of this state concerning thecarriers subject to this chapter.
    (e) When, on the complaint of any interested person orcorporation, the department shall, on the investigation of suchcomplaint, be convinced that the freight rates on any railroad inIndiana engaged in interstate commerce are excessive, or levied orlaid in violation of the interstate commerce law, or the rules of theinterstate commerce commission, the superintendent, agent, or otherofficial of the said railroad companies shall be notified in writing ofthe facts and requested to reduce or correct them, as the case may be.When the rates are not changed or the proper corrections are notmade according to the request of the department, the latter isauthorized and empowered to notify the interstate commerce

commission and to apply to it for relief.
    (f) Whenever any property is received by any common carriersubject to the provisions of this chapter to be transported from one(1) place to another within the state, it shall, upon demand of theshipper, issue a receipt or bill of lading therefor, naming therein theclassification of said freight and the rate of freight at which the sameis to be carried. Nothing in this subsection abridges or lessens theliability of any such carrier under other laws, or prevents such carrierfrom issuing a nonnegotiable bill of lading for delivery only to theperson named therein. All statements rendered for transportationcharges 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 mayrequire, by subpoena, the attendance and testimony of witnesses andthe production of all books, papers, tariffs, contracts, agreements,and documents relating to any matter under investigation, or in anyproceeding pending before the department. Such attendance of thewitnesses and the production of such documentary evidence may berequired at any designated place of hearing in this state. And in caseof disobedience to a subpoena, the department, or any party to aproceeding before the department, may invoke the aid of any circuitcourt of this state in requiring the attendance and testimony ofwitnesses and the production of books, papers, and documents underthis provision. And any of the circuit courts of this state, within thejurisdiction of which any such inquiry or hearing is carried on, may,in case of contumacy or refusal to obey a subpoena issued to anysuch carrier subject to the provisions of this chapter, or other person,issue an order requiring such carrier or other person to appear beforethe department and produce books and papers, if so ordered, and giveevidence touching the matter in question. Any failure to obey suchorder of the court may be punished by such court as contempt. Theclaim that any such testimony or evidence may tend to criminate theperson giving such evidence shall not excuse such witness fromtestifying, but such evidence or testimony shall not be used againstsuch person on the trial of any criminal proceeding, nor shall anysuch witness so compelled to testify against himself be thereafterprosecuted for any crime concerning which he has been compelledto give testimony. Instead of requiring the personal attendance of anywitness, a deposition may be taken at the instance of a party in anyproceeding or investigation pending before the department at anytime after such investigation has been commenced, or after any suchcomplaint has been filed and notice thereof duly served. Thedepartment may also order testimony to be taken by deposition in any

proceeding or investigation pending before it at any stage of suchproceeding 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 becompelled to appear and depose and to produce documentaryevidence in the same manner as witnesses may be compelled toappear and testify and produce documentary evidence before thedepartment as provided in this section. If a witness who is sought tobe examined by the department at any hearing or investigationconducted by or proceeding pending before the department refusesto answer any question addressed to the witness by the departmentpertinent to the matter then being heard or investigated, or refuses toproduce a book, paper, or other document in his possession or powerand pertinent to such matter, and required by the department to beproduced before the department, or declines to testify before thedepartment, the department may report such fact to any circuit orsuperior court of the county wherein such hearing, investigation, orproceeding is being conducted, and the court shall order the witnessto answer such question or questions and produce such book, paper,or other document before the department, or give testimony in thehearing investigation, or proceeding, and on failure or refusal to obeythe order, such witness shall be dealt with by the circuit superiorcourt 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 knowinglyviolates or fails to comply with this chapter commits a Class Binfraction.
    (b) A carrier who fails to comply with any final order madeagainst it by the department in any proceeding pending before thedepartment, in which any carrier is a party, unless the order issuspended, annulled, or set aside by some court, shall forfeit and payto the state for each violation of any such order a penalty of not morethan 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 orproperty, or for any service performed or to be performed by thecarrier, than that fixed in the schedule of rates filed with thedepartment, the schedule of rates adopted by the department, or theschedule of rates ordered observed by any court, commits a Class Ainfraction.
(Formerly: Acts 1905, c.53, s.13; Acts 1907, c.241, s.12.) Asamended 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, orby any special rate, rebate, drawback, or other device, shall charge,demand, collect, or receive from any person, firm, limited liabilitycompany, or corporation a different compensation for any servicerendered or to be rendered by the railroad than the railroad charges,demands, collects, or receives from any other person, firm, limitedliability company, or corporation for doing a like andcontemporaneous service in the transportation of a like kind of trafficunder substantially similar circumstances and conditions, the railroadcommits unjust discrimination, which is prohibited.
    (b) It is also unjust discrimination for any such railroad companyto make or give any undue or unreasonable preference or advantageto any particular person, firm, corporation, limited liability company,or locality, in connection with the transportation of any persons orproperty, or to subject any particular kind of traffic or any particularperson, place, or locality to any undue or unreasonable prejudice,delay, or disadvantage.
    (c) Every railroad company which fails or refuses to receive andtransport without unreasonable delay or discrimination thepassengers, tonnage, and cars, loaded or empty, of any connectingcarrier, and every railroad company which fails or refuses totransport and deliver without unreasonable delay or discriminationany passengers, tonnage, or cars, loaded or empty, destined to anypoint on or over the line of any connecting line of railroad, commitsunjust discrimination. However, perishable freights of all kinds andlive stock shall have precedence of shipment.
    (d) It is unjust discrimination for any carrier subject to this sectionto charge or receive any greater compensation in the aggregate forthe transportation of like kinds of property, or passengers, for ashorter than for a longer distance over the same line, in the samedirection, the shorter distance being included in the longer. In caseswhere two (2) or more carriers have lines between common points inthis state, and the line of one (1) of such carriers is shorter than theother, then the carrier having the longer line between any two (2)such common points may meet the rates between such commonpoints which are established by the route having the shorter line ifthere is bona fide and actual competition between such two (2) routesfor the business between such common points. Upon application tothe department, it may, for the purpose of preventing manifest injury,authorize any such carrier to charge less for longer than for shorterdistances for transporting persons and property. No manifestinjustice shall be imposed upon persons, property, and places atintermediate points. Nothing in this section prohibits the departmentfrom approving what are known as "group rates" on any of therailroads in this state.
    (e) Any railroad company violating any provision of this sectioncommits unjust discrimination, and shall for such violation pay to thestate of Indiana a penalty of not less than five hundred dollars

($500), nor more than five thousand dollars ($5,000), to be recoveredin a civil action instituted for that purpose in a court of competentjurisdiction.
(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.) Asamended 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 carrierwho knowingly, by any special rate, rebate, or drawback, by meansof false billing, false classification, or false weighing, or by any otherdevice charges, demands, collects, or receives from any person adifferent compensation for any service rendered or to be rendered byany such carrier for the transportation of persons or property, or forany other service, than that prescribed in the published tariffs then inforce and on file with the department, which have been establishedby the department, or ordered to be observed by any court, commitsa Class A misdemeanor.
    (b) A person who knowingly accepts or receives any rebate orconcession in respect to the transportation of persons and property byany such carrier, wholly within this state, or for any other serviceperformed in connection therewith, whereby any such persons orproperty is, by false billing, false classification, false weighing, orany other device, transported at a less rate than that prescribed in thepublished tariffs then in force and on file with the department, whichhave been established by the department, or ordered to be observedby any court, commits a Class A misdemeanor.
(Formerly: Acts 1905, c.53, s.15; Acts 1907, c.241, s.14.) Asamended 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 inthis chapter prohibited, or declared to be unlawful, or shall omit todo any act, matter, or thing herein required to be done by it, suchrailroad company shall be liable to the person or persons, firm,limited liability company, or corporation injured thereby for thedamages sustained in consequence of such violation, and if therailroad company commits extortion or discrimination as by thischapter defined, then, in addition to such damages, such railroadcompany shall pay to the person, firm, limited liability company, orcorporation injured thereby a penalty of not less than one hundreddollars ($100) nor more than five hundred dollars ($500), to berecovered by civil action in any court of competent jurisdiction inany county into or through which such railroad runs. It is a defenseto the action for such penalty that such overcharge wasunintentionally and innocently made through a mistake of fact. Such

recovery as provided in this chapter does not affect a recovery by thestate 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 otherprovision of this chapter and shall do any other act prohibited by thischapter, or shall fail or refuse to perform any other duty enjoinedupon it, for which a penalty has not been provided in this chapter, forevery such act of violation, it shall pay the state of Indiana a penaltyof not more than one thousand dollars ($1,000), to be recovered in acivil action to be instituted for that purpose in any court of competentjurisdiction.
(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 andforfeitures provided for in this chapter shall be recovered in suitsbrought by and in the name of the department in any circuit orsuperior court of any county in which any carrier operates.
(Formerly: Acts 1905, c.53, s.18; Acts 1907, c.241, s.15.) Asamended 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, ororders
    Sec. 17. Upon application of any person, the department shallfurnish certified copies of any classification, rates, rules, or orders,and such certified or printed copies published by authority of thedepartment shall be admissible in evidence in any suit and sufficientto establish the fact that any charge, rate, rule, order, or classificationtherein contained and which may be at issue in the trial is the officialact of the department. A substantial compliance with therequirements of this chapter is sufficient to give effect to all of theclassifications, rates, charges, rules, regulations, requirements, andorders made and established by the department, and none of themshall be declared inoperative for any omission of a technical matterin the performance of such act. The director of the department shallcharge for all such certified copies and transcripts, except thoseordered delivered by direction of the department, such sums as thedepartment may order, and all funds coming into the hands of thedirector of the department on account of such, any such chargesmade by the department, and from all other sources and due to thedepartment, shall be by the director of the department daily paid intothe state treasury.(Formerly: Acts 1905, c.53, s.19; Acts 1907, c.241, s.16.) Asamended 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 thebusiness of all common carriers subject to this chapter, and shallkeep itself informed as to the manner and method in which the sameis conducted, and may obtain from such carriers full and completeinformation necessary to enable the department to perform the dutiesand carry out the objects for which the department was created. Thedepartment shall enforce this chapter and all the other statutes of thisstate the enforcement of which is devolved upon the department, andsuch other statutes of this state as shall prescribe the duties andobligations and regulate the conduct of the carriers subject to thischapter in their dealings with the public and each other as commoncarriers of passengers and property in this state, and, to enable thedepartment so to do, the department may institute and prosecute, inits name, any appropriate action at law or suit in equity, in any circuitor superior court of this state, against any such carrier to compel it toobserve the requirements of this chapter and all other statutes of thisstate, and the orders of the department made under this chapter orany other law of this state, and all orders and judgments of any courtin this state made under this chapter; or to restrain any such carrierfrom the further continuance of any act or practice suffered orauthorized by it in violation of this chapter, the other statutes of thisstate, the orders of the department or a court made under this chapter,and the costs and expenses of such proceedings shall be audited andapproved 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.) Asamended 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 thetransportation of passengers and property between points within thisstate, and to the receiving, switching, delivering, storing, andhandling 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 suburbanrailroad, or part of any such railroad, as a common carrier in thisstate, or cars, car companies, freight and freight line companies,private tracks and sidings when controlled or used by any suchcommon carriers, or other equipment used thereon, or bridges,terminals, or side tracks, or any docks or wharves or storageelevators used in connection therewith, whether owned by suchrailroad or otherwise.    (c) This chapter applies to all such corporations, companies,individuals, associations of individuals, their lessees, trustees, orreceivers, appointed by any court, as are engaged in the expressbusiness or sleeping car business, and this chapter applies to allexpress companies and sleeping car companies.
    (d) The terms "carrier" or "carriers", "railroad", "railroadcompany", or "railway" or "railway company", whenever used in thischapter, means and refers to all such railroads, electric interurban orsuburban railroads, express companies, and sleeping car companiesso 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.) Asamended 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 actionby the state or any person for any right, penalty, or forfeiture whichmay arise under any law of this state. All penalties accruing underthis chapter shall be cumulative of each other, and a suit for orrecovery of one (1) shall not be a bar to the recovery of any otherpenalty.
(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 gradeseparations; construction; and maintenance
    Sec. 21. (a) It is the duty of the department to keep informed as tothe condition of railroads and railways and the manner in which theyare operated with reference to the security and accommodation of thepublic, and as to the compliance of the several corporations withtheir charters and the laws of the state.
    (b) Every railroad company subject to this chapter shall reportagain to the department by telegraph or telephone as soon as possibleafter 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 makea full report of the cause thereof to the department and thedepartment shall investigate in such manner and by such persons asit may deem best the causes of any accident on any railroad involvingloss of life, and every corporation, at all times, shall furnish to thedepartment, its appointees, or its inspectors any information relativeto such accidents. Such reports and information shall not be used inthe trial of any suits for damages arising out of said accidents. Aftersuch investigation, the department shall make a report to the railroadcompany of its conclusion and recommendations regarding suchaccidents and the causes thereof, and the proper steps to be taken by

the railroad company to prevent like accidents, and unless therailroad company shall, in a reasonable time, comply with and carryout said recommendations, said department shall make the samepublic, if it shall deem best so to do, by publishing the same in anynewspaper or newspapers in the state, or in the locality where theaccident took place.
    (c) Whenever the department secures reliable information, orcomplaint shall have been made, or, because of reports made by itsinspectors, shall have reason to believe, that any carrier in this statedoes not keep its road or equipment in proper condition and repairfor the health and safety of its employees or the public, or that anycarrier as now required by law does not maintain adequate andsuitable passenger depot buildings and platforms, said depot with thepassageway to the adjacent street to be well lighted, to be kept wellheated and in approved sanitary condition, supplied with wholesomewater and closets for men and women, and kept open at least one (1)hour before and fifteen (15) minutes after the arrival of eachpassenger train stopping at said station, or that any carrier does notkeep its passenger cars well cleaned and in good sanitary condition,well lighted