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, this
chapter applies to the regulation of the following persons:
(1) A common carrier that professes to the general public to
engage in the transportation by motor vehicle of passengers or
household goods for compensation.
(2) A contract carrier that engages in transportation by motor
vehicle of passengers or household goods, for compensation
(other than transportation provided by a common carrier
described in subdivision (1)) under continuing contracts with
one (1) person or a limited number of persons for:
(A) the furnishing of transportation services through the
dedication of motor vehicles for a continuing period of time
to the exclusive use of each person served; or
(B) the furnishing of transportation services designed to
meet the distinct need of each individual customer.
(3) A broker of transportation services provided by a motor
carrier described in subdivision (1) or (2).
(4) A common carrier that professes to the general public to
engage in the transportation of household goods.
(5) A contract carrier that engages in transportation of
household goods for compensation under continuing contracts
with at least one (1) person for:
(A) the furnishing of transportation services through the
dedication of motor vehicles for a continuing period for the
exclusive use of each person served; or
(B) the furnishing of transportation services designed to
meet 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Repealed
(Repealed by P.L.1-1991, SEC.77.)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 the
transportation of students, under the supervision, control, and
direction of school authorities.
(2) Motor vehicles used exclusively as taxicabs.
(3) Motor vehicles while being used or operated under the
control, direction, and supervision of:
(A) the United States government, the state, or a political
subdivision; or
(B) the board of trustees of any state institution.
(4) Motor vehicles that are used to provide limited
transportation services in conjunction with the operation of a
hotel, campground, or food service facility but are not used as
a common carrier. For the purpose of this subdivision,
compensation for housing, camping, or food combined with
transportation is not transportation by motor vehicle for
compensation. However, transportation may not be performed
for any person if, at the point of origin or within twenty-five
(25) miles of that point, there is an equipment point as shown
by a proper tariff of a carrier of passengers in Indiana that
operates special or charter bus service under the jurisdiction of
the department. Exemption from this chapter is not available
under this subdivision unless the motor vehicles in question are
provided with proof of financial responsibility of the type and
in amounts as required of common carriers under
IC 8-2.1-22-46.
(5) Motor vehicles that are used to provide regular route
intercity passenger service.
(6) Motor vehicles that are used primarily for van pooling or
other ride-sharing programs on a nonprofit basis.
(7) Motor vehicles that are used to provide transportation of
passengers by a nonprofit corporation if that corporation
receives 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 than
forty (40) persons;
(B) is used to transport employees, including the driver,
exclusively between their homes and their employer's place
of business, or termini near those places, in a single daily
round trip; and
(C) is owned or leased by an employer providing commuter
van service, which means any person who provides or
operates at least one (1) of those vehicles on a nonprofit
basis, and whose service does not infringe upon or compete
with any service that is provided by any common carrier
regulated by the department.
(9) Motor vehicles certified as ambulances by the Indiana
emergency medical services commission under IC 16-31.
(10) The casual, occasional, or reciprocal transportation of
household effects or furniture for compensation, not including
the transportation for hire of new household effects or furniture
to or from a factory, warehouse, or store, by a person who:
(A) does not otherwise engage in the described
transportation for compensation;
(B) is not required under this chapter to hold a certificate or
permit to engage in transportation or operation for hire; or
(C) does not profess to engage in the business of
transporting household effects or furniture for hire.
(b) This chapter does not apply to a limousine while the limousine
is 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 legislative
body of the city or town has adopted an ordinance under IC 36-9-2-4
that takes effect after July 1, 1991, and that regulates limousines
within 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 other
reports and the submission of all records and information as is
reasonably necessary. As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-4 Inspection of books, equipment, and premises; examination of
officers, agents, or employees; rules for vehicle inspection;
complaints
Sec. 4. (a) The department, any member of the department or any
authorized representative of the department, may:
(1) upon demand, inspect the books, accounts, papers, records,
memoranda, equipment, and premises of any common carrier or
contract carrier;
(2) examine, under oath, any officer, agent, or employee of the
common carrier or contract carrier in relation to its business
affairs; and
(3) adopt rules for inspection of motor vehicles used by
common carriers or contract carriers or brokers.
(b) Upon complaint in writing filed with the department or upon
the department's own initiative without complaint, the department
may investigate whether or not any person subject to this chapter has
failed to comply with this chapter or with any requirement
established under this chapter. If the department, after notice and
hearing, finds, upon the investigation, that the person has failed to
comply with any provision or requirement, the department shall issue
an 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 any
authorized representative of the department, may compel the
attendance of witnesses, swear witnesses, take their testimony under
oath, make record of the testimony, and after the record is made
under the direction of a department, administrative law judge, or
authorized representative of the department or the department may
upon the record make an appropriate order.
(b) The department may hear all petitions, applications, or
motions filed with the department. Hearings may be conducted by the
department, by any member of the department, or by any
administrative law judge authorized by the department. In case the
hearing is conducted by an administrative law judge, the
administrative law judge must promptly, but not later than thirty (30)
days after the conclusion of the hearing, unless the time is extended
by order of the department:
(1) report to the department the facts established by the
evidence; and
(2) submit a suggested order, showing the findings and a
decision in the order, to the department.
(c) Orders recommended by an administrative law judge must be
held for not less than ten (10) days during which time interested
parties may file written exceptions to the orders. In case no
exceptions are filed, the finding of facts and decision in form of
order suggested by the administrative law judge constitute the order
of 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 by
the department in any proceeding under this chapter, any party to the
proceeding may apply to the department for reconsideration or
rehearing of the decision, order, or requirement, or of any matter
determined in the decision, order, or requirement. The department
may grant reconsideration or rehearing if there is sufficient reason in
the decision, order, or requirement. Applications for reconsideration
or rehearing are governed by rules prescribed by the department. If
after reconsideration or rehearing, it appears that the original
decision, order, or requirement is in any respect unjust and
unwarranted, the department may change or modify the decision,
order, or requirement accordingly. Any decision, order, or
requirement made after reconsideration or rehearing is subject to the
same 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 another
state; 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 United
States Department of Transportation, any other appropriate agency
of federal government, or any other department or agency of another
state, for the purpose of more effective regulation of motor carriers.
(b) In the furtherance of uniformity in the regulation of motor
carriers, the department may by order or rule adopt orders, standards,
or rules and regulations of the United States Department of
Transportation, any other appropriate agency of the federal
government, 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 agencies
in adopting combined uniform procedures and forms when in the
judgment of the affected agencies the action would be in the interest
of the state, its citizens, and any other person subject to this chapter
and 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 compensation
of staff
Sec. 9. The department may do and perform all reasonably
necessary things to carry out the purposes of this chapter, whether
specifically mentioned in this chapter or not, including the power,
subject to the approval of the governor, to employ and fix the
compensation of administrative law judges, investigators, clerks, and
other employees as are necessary for the effective administration of
this 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 a
transportation system that would compete with a motor carrier that
is:
(1) operating under the jurisdiction of the department; and
(2) providing transportation service in the territorial jurisdiction
of the county, city, or town;
the county, city, or town must first apply for and obtain a certificate
under 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 a
political subdivision; or
(2) as a special and charter carrier;
until after obtaining from the department a certificate. A certificate
may not be issued until after a public hearing and a consideration of
the service, if any, rendered in the territory of the proposed motor
vehicle operations by other common carriers, whether by motor
vehicle, 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 for
compensation
Sec. 12.5. (a) Except as provided in this chapter, a person may not
operate a motor vehicle upon an Indiana public highway to transport
household goods for compensation until the person has obtained a
certificate from the department.
(b) The department may issue a certificate under this section only
after conducting a public hearing and considering transportation
services provided by other carriers of household goods by motor
vehicle, railroad, or other means, that operate in the proposed
territory 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, the
department shall, within a reasonable time, fix a time and place for
public hearing in the city of Indianapolis, unless otherwise ordered
by the department. A copy of the notice of hearing shall be mailed to
the applicant at the address set out in the application at least ten (10)
days before the hearing. Any person interested in the proceedings
may appear in person or by attorney and offer evidence in support of
or in opposition to the application and with or without the filing of
formal pleadings.
(b) The applicant has, at all times, the burden of proving, by a
preponderance of the evidence, that public convenience and necessity
requires the proposed operation, and that the proposed operation will
not unreasonably impair the public service of any authorized
common 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 any
additional investigation that the department causes to be made that
public convenience and necessity exist for the service proposed, or
any 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, the
department may, among other things, consider the following:
(1) The financial ability of the applicant to furnish adequate
service.
(2) Whether other transportation service then in existence is
adequate.
(3) The effect upon other transportation service, and,
particularly, whether the granting of the application will or may
seriously impair that service.
(4) The volume of other traffic over the route proposed by the
applicant.
(5) The effect and burden upon the highways and the bridges on
the highways, and the use of the highways and bridges by the
public.
(6) Whether the operations will threaten the safety of the public
or 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 under
any certificate may not deviate from the route over which or the fixed
termini between which it is authorized to operate under the
certificate, except under such general or special rules as prescribed
by the department.
(b) A person who violates this section commits a Class C
infraction. 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 obtained
by the carrier may be sold, assigned, leased, bequeathed, or
transferred as other property upon approval by the department. The
department may inquire into the responsibility of the person
obtaining or seeking to obtain ownership or control of any certificate
or permit or part, the person's readiness, ability, and willingness to
perform the service proposed, and whether the proposed service, to
the extent authorized by the certificate or permit, is or will be
consistent with the public interest and the state transportation policy
declared in this title. If the department finds the person to be
irresponsible or unable to render satisfactory and adequate service
under the certificate or permit or part, or if it finds that the transfer
will not be consistent with the public interest, the department may
enter an order denying the transfer, in whole or in part. However, a
certificate or permit, or part, may not be sold, assigned, leased,
bequeathed, or transferred except after a public hearing before the
department 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 contract
carrier over the public highways for the transportation of persons or
household goods for compensation without first having obtained
from 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 chapter
for contract carrier authority to operate motor vehicles in intrastate
commerce, the department shall, within a reasonable time, fix a time
and place for a public hearing in the city of Indianapolis, unless
otherwise ordered by the department. A copy of the notice of hearing
shall be mailed to the applicant, at the address set out in the
application, at least ten (10) days before the date set for hearing. Any
person interested in the proceedings may appear in person, or by
counsel, and offer any evidence either in support of, or in opposition
to, the granting of the authority requested in the application.
(b) In determining whether requested contract authority should be
granted, the department shall, among other things, consider the
following factors:
(1) The financial ability of the applicant to furnish adequate
contract carrier service.
(2) The effect of granting the requested authority on other
transportation service then in existence, and particularly
whether the granting of authority will seriously impair that
other service and will unreasonably impair the efficient public
service of any certificated common carrier by motor vehicle, or
by railroad, then adequately serving the same territory.
(3) Whether or not any certificated common carrier by motor
vehicle, or by railroad, then serving the same territory, will
furnish transportation services designed to meet the distinct
need of the supporting contract shipper or shippers.
(c) If the department, after hearing, determines that the proposed
operation, as requested in the application, meets all of the
requirements of contract carriage, as defined in this chapter, and that
the applicant is qualified in all respects to perform the proposed
operation, the department shall approve the application and issue the
requested authority, subject to terms, restrictions, and limitations as
determined by the department.
(d) The department shall specify and name in the permit the name
of the contracting person. The scope of the permit shall be attached
at 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 with
49 U.S.C. 11343, common carriers may:
(1) establish by agreement through routes and joint rates,
charges, and classifications with other common carriers and
with common carriers by railroads, or by water, and every
common carrier shall provide safe and adequate service,
equipment, and facilities for the transportation of passengers or
household goods in intrastate and interstate commerce; and
(2) establish, observe, and enforce just and reasonable rates,
fares, charges, and classifications, and just and reasonable
regulations and practices relating to rates, fares, charges, and
classifications, and to the issuance, form, and substance of
tickets, receipts, bills of lading, the carrying of baggage, and all
other matters relating to or connected with the transportation of
passengers or household goods in both intrastate and interstate
commerce, and in case of joint rates and charges, to establish
just, reasonable, and equitable division of joint rates and
charges between the carriers participating in the joint rates and
charges.
(b) It is unjust discrimination and unlawful for any common
carrier by motor vehicle to make, give, or cause any undue or
unreasonable preference or advantage to any particular person or
locality in connection with the transportation of any persons or
household goods, or to subject any particular person or locality to
any undue or unreasonable prejudice, delay, or disadvantage in any
respect.
(c) Every common carrier by motor vehicle that fails or refuses to
receive and transport without unreasonable delay or discrimination
the passengers or household goods tendered for transportation and
deliver without unreasonable delay or discrimination those
passengers or household goods at destination or to the transfer point
of the route of any connecting common carrier by motor vehicle or
railroad is guilty of unjust discrimination.
(d) It is unjust discrimination for any common carrier to charge or
receive any greater compensation in the aggregate for the
transportation of passengers or household goods for a shorter than for
a longer distance over the same line in the same direction, the shorter
distance 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 in
effect by any carrier or carriers is, or will be, in violation of this
chapter. When such a complaint is made, the department shall, after
due notice to the carrier or carriers complained of, hear the
complaining parties.
(b) If the department is of the opinion that any individual or joint
rate, fare, tariff, charge, or classification being made or demanded by
any common carrier or carriers subject to this chapter or by any
common carriers operating in conjunction with common carriers by
railroads or by water is, or will be, unjust and unlawful and
unreasonable or unjustly discriminatory, or unduly preferential or
unduly prejudicial, it shall determine and prescribe lawful maximum
or minimum, and maximum and minimum rates, fares, charges,
tariffs, rules, and classifications thereafter to be observed or
thereafter to be made effective. The department may, on its own
initiative, without complaint, whenever deemed by the department to
be necessary and desirable in the public interest, establish through
routes, joint classifications, joint rates, fares, charges, tariffs,
regulations, or practices for the transportation of passengers or
household goods by common carriers by motor vehicle or the carrier
by railroad or by water, and may fix the maximum or minimum or
the maximum and minimum rates to be charged and the terms and
conditions under which the fares and charges shall be applied and the
routes 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 several
carriers and require adjustment to be made between those carriers in
accordance therewith. In those cases the department may require
adjustment or division between the carriers from the date of filing the
complaint or the entry of the order or any other date subsequent
thereto as the department finds is just and reasonable, and in case
joint rates are fixed by the department, the order as to those divisions
may be made effective as of the date on which the investigation was
ordered. 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 of
proof; suspension
Sec. 20. (a) This section applies whenever there is filed with the
department any schedule stating a new individual or joint rate, fare,
charge, or classification for the transportation of passengers or
household goods by a common carrier or carriers by motor vehicle,
or by a carrier or carriers in conjunction with a common carrier or
carriers by railroad or water in intrastate commerce, or any rule or
practice 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 formal
pleading by the interested carrier or carriers but upon reasonable
notice, the department may enter upon a hearing concerning the
lawfulness of a rate, fare, or charge, or a rule or practice. Pending the
hearing and the decision on the hearing, the department, by filing
with the schedule and delivering to the carrier or carriers affected by
the hearing a statement in writing of its reasons for the suspension,
may from time to time suspend the operation of the schedule and
defer the use of the rate, fare, charge, or classification, or the rule,
regulation, or practice, but not for a longer period than one hundred
eighty (180) days beyond the time when it would otherwise go into
effect. After hearing, whether completed before or after the rate, fare,
charge, classification, rule or practice goes into effect, the
department may make the order with reference thereto as would be
proper in a proceeding instituted after it has become effective.
(c) If the proceeding has not been concluded and an order made
within the period of suspension, the proposed change of rate, fare, or
charge, or classification, rule or practice, goes into effect at the end
of the period.
(d) At any hearing involving a change in a rate, fare, charge, or
classification or in a rule or practice, the burden of proof is on the
carrier 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 and
reasonable rates, fares, and charges for the transportation of
passengers or household goods by common carriers by motor vehicle,
and related classifications, regulations, and practices, the department
shall 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 the
carrier or carriers for which the rates are prescribed;
(3) the need, in the public interest, of adequate and efficient
transportation service by such carriers at the lowest cost
consistent with the furnishing of service; and
(4) the need of revenues sufficient to enable such carriers under
honest, economical, and efficient management to provide
service.
(b) In determining the reasonableness of fares, rates, and charges
of motor carriers of passengers or household goods, the department
shall determine that the revenue is sufficient to cover the cost
(including all operating expenses, depreciation accruals, rents, and
taxes of every kind) of providing adequate transportation service and
reasonable profit to the carrier. The relation of carrier expenses to
carrier revenues may be considered the proper test of a reasonable
profit.
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 their
charges or any part must be brought within two (2) years after the
time the cause of action accrues.
(b) For recovery of overcharges, civil actions must be brought or
complaints filed with the department against carriers subject to this
chapter within two (2) years after the time the cause of action
accrues, subject to subsection (c). However, if claim for the
overcharge has been presented in writing to the carrier within the two
(2) year period of limitation, the period shall be extended to include
six (6) months after the time notice in writing is given by the carrier
to the claimant of disallowance of the claim or any part specified in
the notice.
(c) If on or before the expiration of the two (2) year period of
limitation in subsection (a) or (b), a carrier subject to this chapter
begins an action under subsection (a) for recovery of charges in
respect of the same transportation service or without beginning
action collects charges in respect of that service, the period of
limitation shall be extended to include ninety (90) days after the time
the action is begun or charges are collected by the carrier.
(d) As used in this section, "overcharges" means charges for the
transportation services in excess of those applicable to the services
under 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 with
the department, and print and keep open to public inspection, tariffs
showing all rates, fares, charges for transportation, and all service in
connection therewith, of passengers or household goods in intrastate
commerce 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 which
the tariffs shall be published and may reject any tariff filed with it
that is not in compliance with this section. When so rejected, the
tariff 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 for
transportation or for any service in connection therewith between
points enumerated in the tariff than the rates, fares, and charges
specified 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 so
specified, and shall not extend to any person any facilities for
transportation except as are specified in its tariffs.
(d) A change may not be made in any fare, charge, rule or practice
for or in connection with the transportation of passengers or
household goods except after thirty (30) days notice of the proposed
change. The notice must plainly state the change proposed to be
made and the effective date of the change. The department, upon
complaint or upon the department's own motion, may suspend any
tariff 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 changes
upon notice in less time than specified and permit tariffs to be filed
and become effective in particular instances on shorter notice than
stated in subsection (d).
(f) Whenever the carrier operating a local transportation system
wholly within one (1) county files a tariff or schedule of increased
rates or fares affecting its patrons in any municipality in which the
carrier renders service, the carrier shall give notice by registered
mail, on the date the tariff is filed with the department, to the
executive and legislative body of the municipality and shall enclose
a copy of the tariff filed with the department.
(g) A common carrier by motor vehicle shall not engage in the
transportation of passengers or household goods unless the tariffs
have 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, and
charges for any service rendered or to be rendered in the
transportation of passengers or household goods or in
connection with the transportation of passengers or household
goods;
(2) establish and observe reasonable regulations and practices
to be applied in connection with those reasonable minimum
rates, fares, and charges; and
(3) file with the department, publish, and keep open for public
inspection, in the form and manner prescribed by the
department, schedules, or, by consent of contracting parties in
lieu of schedules, copies of contracts, containing the minimum
rates, fares, or charges of the carrier for the transportation of
passengers or household goods in intrastate commerce, and any
rule or practice affecting the rates, fares, or charges and the
value 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 household
goods in intrastate commerce unless the minimum charges for the
transportation by the carrier have been published, filed, and posted
in accordance with this chapter. A reduction may not be made in the
charge either directly or by means of any change in any rule or
practice affecting the charge or the value of service under the charge,
except after thirty (30) days notice of the proposed change filed in
the required form and manner the department may, for good cause
shown, allow a change upon less notice. However, the notice must
plainly state the change proposed to be made and the time when the
change will take effect.
(c) A carrier shall not demand, charge, or collect less
compensation for the transportation than the charges filed in
accordance with this section, as affected by any rule or practice so
filed, or as may be prescribed by the department. It is unlawful for
the carrier, by the furnishing of special service, facilities, or
privileges, or by any other device, to charge, accept, or receive less
than the minimum charges so filed or prescribed. The carrier, or any
class or group, of the carrier may apply to the department for relief
from this subsection, and the department may, after hearing, grant
relief to the extent, for the time, and in the manner as in its judgment
is consistent with the public interest.
(d) Whenever, after hearing, upon complaint or upon its own
initiative, the department finds that any minimum rate, fare, or
charge 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 of
passengers or household goods or in connection under the rate, fare
or charge, is in violation of any provision of this chapter, the
department may prescribe that transportation, just and reasonable
minimum rates, fare, or charge, or a rule, regulation, or practice as
judgment is necessary in the public interest and will not be in
violation of any provision of this chapter. The minimum rate, fare, or
charge, or rule or practice, prescribed by the department, may not
give an advantage or preference to the carrier in competition with
any common carrier by motor vehicle subject to this chapter, which
the department may find to be undue or inconsistent with the public
interest, and the department shall give due consideration to the cost
of the services rendered by those carriers, and to the effect of the
minimum rate, fare, or charge, or rule, regulation, or practice, upon
the movement of traffic by such carriers. All complaints must state
fully the facts complained of and the reasons for the complaint and
shall 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 a
charge for a new service or a reduced charge directly, or by means of
any rule or practice, for the transportation of passengers or household
goods in intrastate commerce.
(b) Upon complaint of interested parties or upon its own initiative
at once and, if it so orders, without answer or other formal pleading
by the interested party, but upon reasonable notice, the department
may enter upon a hearing concerning the lawfulness of the charge,
rule, or practice. Pending the hearing and the decision on the
complaint, the department, by filing with the schedule and delivering
to the carrier affected thereby a statement in writing of its reasons for
the suspension, may from time to time suspend the operation of the
schedule and defer the use of the charge, rule, regulation, or practice,
but not for a longer period than one hundred eighty (180) days
beyond the time when it would otherwise go into effect. After
hearing, whether completed before or after the charge, or rule or
practice goes into effect, the department may make the order with
reference thereto as would be proper in a proceeding instituted after
it had become effective.
(c) If the proceeding has not been concluded and an order made
within the period of suspension, the proposed change in any charge
or rule, regulation, or practice goes into effect at the end of the
period. 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 for
conformity to published schedule
Sec. 26. (a) The department may require any contract motor
carrier to file with it a true copy of any contract, agreement, or
arrangement between the carrier and any person in relation to any
traffic affected by this chapter. The department shall not, however,
make public the contract, agreement, or arrangement between a
contract carrier by motor vehicle and a shipper, or any of the terms
or conditions of the contract except as a part of the record in a formal
proceeding where it considers that action consistent with the public
interest.
(b) If it appears from an examination of the contract that it fails to
conform to the published schedule of the contract carrier by motor
vehicle as required by this chapter, the department may make public
such of the provisions of the contract as the department considers
necessary to disclose the failure and the extent of the failure.
(c) This section does not apply to contracts filed instead of
schedules. 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 arrange
for 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 the
person holds a broker's license issued by the department to engage in
the transactions. A person may not engage in transportation subject
to this chapter unless the person holds a certificate or a permit as
provided in this chapter. In the execution of any contract, agreement,
or arrangement to sell, provide, procure, furnish, or arrange for the
transportation of passengers, a person may not employ any common
or contract carrier who is not the lawful holder of an effective
certificate or permit issued as provided in this chapter.
(b) This section does not apply to any carrier holding a certificate
or a permit under this chapter or to any employee or agent of the
motor carrier, so far as concerns transportation to be furnished
wholly by the carrier or jointly with other motor carriers holding like
certificates or permits, or with a common carrier by railroad, express,
or water.
(c) A brokerage license shall be issued to any qualified applicant
for a brokerage license, authorizing any part of the operations
covered by the application, if it is found that the applicant is fit,
willing, and able to properly perform the service proposed and to
conform to this chapter and the requirements, and rules of the
department thereunder, and that the proposed service, to the extent
to be authorized by the license, is or will be consistent with the
public interest, otherwise the application shall be denied.
(d) The department shall prescribe reasonable rules for the
protection of travelers by motor vehicle to be observed by any person
holding a brokerage license, and no such license may be issued or
remain in effect unless the person furnishes a bond or other security
approved by the department, in a form and amount as will insure
financial responsibility and the supplying of authorized
transportation in accordance with contracts, agreements, or
arrangements for the transportation.
(e) The department and its special agents and examiners have the
same authority as to accounts, reports, and records, including
inspection and preservation of the accounts, reports, and records, of
any person holding a brokerage license issued under this section that
the department and the department's special agents and examiners
have under this chapter with respect to motor carriers subject to this
chapter.
(f) A person who violates this section commits a Class C
infraction. 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 from
the 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 a
special 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; operating
authority required
Sec. 29. (a) A person may not operate any motor vehicle over the
public highways for hire, unless the operations are specifically
exempt under this chapter, without first having obtained appropriate
operating authority from the department to do so, and having
otherwise complied with all other applicable provisions of this
chapter.
(b) The department or the state police department may apply to an
administrative law judge of the department or a court with
jurisdiction for an order to impound a motor vehicle that is offered
by a motor carrier to the general public for the transportation of
passengers for hire if:
(1) the motor carrier has not obtained the required authority
from the department to operate the motor vehicle for hire; and
(2) there is probable cause to believe that the motor vehicle has
been operated on an Indiana highway to transport passengers
for hire.
A hearing on an application to impound a motor vehicle under this
subsection may not be held sooner than three (3) days after the date
on which a notice of hearing on the application is served on the
motor carrier. The motor carrier may contest the application to
impound the motor vehicle at the hearing.
(c) A motor carrier that operated a motor vehicle impounded
under this section may not obtain possession of the impounded motor
vehicle unless the motor carrier obtains the required authority to
operate 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 or
permit
Sec. 30. (a) Any certificate or permit, upon application of the
holder of the certificate or permit, in the discretion of the department,
may be amended or revoked in whole or in part, or may, upon
complaint or on the department's own initiative, after notice and
hearing, be suspended, changed or revoked in whole or in part for
willful failure to comply with any provision of this chapter, or with
any lawful order or rule prescribed by the department, or with any
term, 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 or
permit should not be suspended, changed, or revoked in whole or in
part and the department, by its authorized representative, may
introduce 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 any
broker for any violation of this chapter or any rule issued thereunder
by the department. The fee for a broker's license is one hundred
dollars ($100), which shall be paid at the time the application is
made and shall be disposed of in the manner as other fees which are
collected by the department. Any license so issued to any broker
remains 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 the
transportation of passengers or household goods over the public
highways regardless of whether that transportation is interstate or
intrastate, except to the extent this chapter contravenes the
Constitution 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 transportation
of passengers or household goods must register under the unified
carrier registration system in accordance with rules adopted by the
department under IC 4-22-2 before operating a motor vehicle upon
a 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 contract
carrier regulated under this chapter shall file, and keep on file, with
the department a designation in writing of the name and postoffice
address of a citizen and resident of Indiana upon whom service of
notices or orders may be made, and upon whom process issued by or
under the authority of any court having jurisdiction of the subject
matter may be served in any proceeding at law or equity brought
against such the carrier.
(b) Service of notices or orders in proceedings under this chapter
may be made upon the carrier by personal service upon it, or upon
the 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 any
other reason personal service cannot be had upon the carrier, service
of the notice or order may be made by serving two (2) copies upon
the department. When service is had upon the department as
provided in this subsection, the department shall promptly mail one
(1) copy of the notice or order served upon him to the carrier by
registered mail at the last address shown by the records of the
department, and the date of mailing shall be considered as the time
when notice is served.
(d) When notice is given by mail as provided in this section, the
date 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 and
notice of orders
Sec. 35. In addition to the other powers conferred in this chapter
upon the department, it may designate from time to time the public
highways, as routes, over which carriers subject to this chapter may
or may not operate, and may designate the time that the vehicles may
or may not be operated public highways, so as to prevent congestion
that may affect the safety of persons or property upon the public
highways. The department may also provide for the enforcement of
its orders and the notice of the orders, if any, that shall be given to
such carriers. As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-36 Temporary authority or emergency temporary authority for one
trip or occasional trips
Sec. 36. In addition to all other powers granted to the department
under this chapter, the department may issue, in accordance with its
rules, "temporary authority" or "emergency temporary authority" to
persons to whom permanent permits or certificates have been issued,
or to persons who have filed new applications for permanent permits
or certificates, and also to persons when there appears a necessity to
make 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 department
under 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 declared
national emergency and for a period of six (6) months thereafter, or
for 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 until
owner 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, or
discrimination in violation of this chapter. A person shall not, by
means 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 any
person to obtain transportation of passengers or household goods
subject to this chapter for less than the rate, fare, or charge approved
by the department. A person shall not knowingly, by any such means
or otherwise, fraudulently seek to evade or defeat regulations as in
this chapter provided for motor carriers.
(b) An operator of a motor vehicle for hire, which vehicle belongs
to or is leased by an intrastate or interstate common or contract
carrier for hire, who transports persons or household goods over the
highways without required authority issued by the department, shall
not operate the motor vehicle until the owner or lessor has secured
the required authority from the department, but the offender shall be
given an opportunity to secure the services of a certificated carrier,
having the required authority, to transport the lading on the
offender's motor vehicle to its intended destination.
(c) A person who violates this section commits a Class C
infraction. 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 this
chapter expire on December 31 of each year, and each motor vehicle
continued 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 motor
vehicles; filing and publication fees
Sec. 40. (a) All applications under this chapter for a common
carrier certificate or a contract carrier permit to operate motor
vehicles, intrastate or interstate, shall be made on forms prescribed
by the department.
(b) All applications for a common carrier certificate of public
convenience and necessity, or a contract carrier permit, to operate
motor vehicles intrastate on the public highways, which applications
require a public hearing thereon, shall be accompanied by a filing fee
of one hundred dollars ($100). Each petition for reinstatement of a
common carrier certificate of public convenience and necessity, or
a contract carrier permit, to operate motor vehicles intrastate, on the
highways of this state, shall be accompanied by a filing fee of fifty
dollars ($50).
(c) All applications for a temporary certificate of public
convenience and necessity, or for a contract carrier permit to operate
motor 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 a
common carrier certificate of public convenience and necessity, of
a common carrier certificate of authority or certificate of registration,
or of a contract carrier permit, which change of name does not
involve a change in the ownership of the operating rights of the
certificate or permit holder, shall be made by verified petition to the
department, and the applications shall be accompanied by a filing fee
of twenty-five dollars ($25).
(e) In addition to the filing fees prescribed in subsection (b), all
applications for a common carrier certificate of public convenience
and necessity, or for a contract carrier permit, to operate motor
vehicles intrastate, on the public highways, which applications
require a public hearing thereon, shall be accompanied by a
publication fee of eighty dollars ($80). Whenever any republication
is required through no fault of the department, the party responsible
therefor shall be required to pay an additional publication fee of
eighty dollars ($80) for each republication.
(f) Each petition for rehearing of an application for a common
carrier certificate of public convenience and necessity, or for a
contract carrier permit, to operate motor vehicles intrastate, on the
public highways, shall be accompanied by a filing fee of twenty-five
dollars ($25).
(g) Each application or petition for alteration or change of a
common carrier certificate of public convenience and necessity, or
a contract carrier permit, to operate motor vehicles intrastate, on the
public highways, shall be accompanied by a filing fee of fifty dollars
($50).
(h) Each application requesting permission to deviate from the
department's tariff publishing regulations shall be accompanied by a
filing 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 this
chapter 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 C
infraction. 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 the
treasurer of state through the department and deposited in the motor
carrier 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 that
augments equipment, interchanges equipment, or leases equipment,
with or without drivers, shall comply with the rules of the department
governing lease and interchange of vehicles.
(b) A person who violates this section commits a Class C
infraction. As added by P.L.99-1989, SEC.13.
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, this
chapter applies to the regulation of the following persons:
(1) A common carrier that professes to the general public to
engage in the transportation by motor vehicle of passengers or
household goods for compensation.
(2) A contract carrier that engages in transportation by motor
vehicle of passengers or household goods, for compensation
(other than transportation provided by a common carrier
described in subdivision (1)) under continuing contracts with
one (1) person or a limited number of persons for:
(A) the furnishing of transportation services through the
dedication of motor vehicles for a continuing period of time
to the exclusive use of each person served; or
(B) the furnishing of transportation services designed to
meet the distinct need of each individual customer.
(3) A broker of transportation services provided by a motor
carrier described in subdivision (1) or (2).
(4) A common carrier that professes to the general public to
engage in the transportation of household goods.
(5) A contract carrier that engages in transportation of
household goods for compensation under continuing contracts
with at least one (1) person for:
(A) the furnishing of transportation services through the
dedication of motor vehicles for a continuing period for the
exclusive use of each person served; or
(B) the furnishing of transportation services designed to
meet 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 the
transportation of students, under the supervision, control, and
direction of school authorities.
(2) Motor vehicles used exclusively as taxicabs.
(3) Motor vehicles while being used or operated under the
control, direction, and supervision of:
(A) the United States government, the state, or a political
subdivision; or
(B) the board of trustees of any state institution.
(4) Motor vehicles that are used to provide limited
transportation services in conjunction with the operation of a
hotel, campground, or food service facility but are not used as
a common carrier. For the purpose of this subdivision,
compensation for housing, camping, or food combined with
transportation is not transportation by motor vehicle for
compensation. However, transportation may not be performed
for any person if, at the point of origin or within twenty-five
(25) miles of that point, there is an equipment point as shown
by a proper tariff of a carrier of passengers in Indiana that
operates special or charter bus service under the jurisdiction of
the department. Exemption from this chapter is not available
under this subdivision unless the motor vehicles in question are
provided with proof of financial responsibility of the type and
in amounts as required of common carriers under
IC 8-2.1-22-46.
(5) Motor vehicles that are used to provide regular route
intercity passenger service.
(6) Motor vehicles that are used primarily for van pooling or
other ride-sharing programs on a nonprofit basis.
(7) Motor vehicles that are used to provide transportation of
passengers by a nonprofit corporation if that corporation
receives 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 than
forty (40) persons;
(B) is used to transport employees, including the driver,
exclusively between their homes and their employer's place
of business, or termini near those places, in a single daily
round trip; and
(C) is owned or leased by an employer providing commuter
van service, which means any person who provides or
operates at least one (1) of those vehicles on a nonprofit
basis, and whose service does not infringe upon or compete
with any service that is provided by any common carrier
regulated by the department.
(9) Motor vehicles certified as ambulances by the Indiana
emergency medical services commission under IC 16-31.
(10) The casual, occasional, or reciprocal transportation of
household effects or furniture for compensation, not including
the transportation for hire of new household effects or furniture
to or from a factory, warehouse, or store, by a person who:
(A) does not otherwise engage in the described
transportation for compensation;
(B) is not required under this chapter to hold a certificate or
permit to engage in transportation or operation for hire; or
(C) does not profess to engage in the business of
transporting household effects or furniture for hire.
(b) This chapter does not apply to a limousine while the limousine
is 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 legislative
body of the city or town has adopted an ordinance under IC 36-9-2-4
that takes effect after July 1, 1991, and that regulates limousines
within 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 other
reports and the submission of all records and information as is
reasonably necessary. As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-4 Inspection of books, equipment, and premises; examination of
officers, agents, or employees; rules for vehicle inspection;
complaints
Sec. 4. (a) The department, any member of the department or any
authorized representative of the department, may:
(1) upon demand, inspect the books, accounts, papers, records,
memoranda, equipment, and premises of any common carrier or
contract carrier;
(2) examine, under oath, any officer, agent, or employee of the
common carrier or contract carrier in relation to its business
affairs; and
(3) adopt rules for inspection of motor vehicles used by
common carriers or contract carriers or brokers.
(b) Upon complaint in writing filed with the department or upon
the department's own initiative without complaint, the department
may investigate whether or not any person subject to this chapter has
failed to comply with this chapter or with any requirement
established under this chapter. If the department, after notice and
hearing, finds, upon the investigation, that the person has failed to
comply with any provision or requirement, the department shall issue
an 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 any
authorized representative of the department, may compel the
attendance of witnesses, swear witnesses, take their testimony under
oath, make record of the testimony, and after the record is made
under the direction of a department, administrative law judge, or
authorized representative of the department or the department may
upon the record make an appropriate order.
(b) The department may hear all petitions, applications, or
motions filed with the department. Hearings may be conducted by the
department, by any member of the department, or by any
administrative law judge authorized by the department. In case the
hearing is conducted by an administrative law judge, the
administrative law judge must promptly, but not later than thirty (30)
days after the conclusion of the hearing, unless the time is extended
by order of the department:
(1) report to the department the facts established by the
evidence; and
(2) submit a suggested order, showing the findings and a
decision in the order, to the department.
(c) Orders recommended by an administrative law judge must be
held for not less than ten (10) days during which time interested
parties may file written exceptions to the orders. In case no
exceptions are filed, the finding of facts and decision in form of
order suggested by the administrative law judge constitute the order
of 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 by
the department in any proceeding under this chapter, any party to the
proceeding may apply to the department for reconsideration or
rehearing of the decision, order, or requirement, or of any matter
determined in the decision, order, or requirement. The department
may grant reconsideration or rehearing if there is sufficient reason in
the decision, order, or requirement. Applications for reconsideration
or rehearing are governed by rules prescribed by the department. If
after reconsideration or rehearing, it appears that the original
decision, order, or requirement is in any respect unjust and
unwarranted, the department may change or modify the decision,
order, or requirement accordingly. Any decision, order, or
requirement made after reconsideration or rehearing is subject to the
same 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 another
state; 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 United
States Department of Transportation, any other appropriate agency
of federal government, or any other department or agency of another
state, for the purpose of more effective regulation of motor carriers.
(b) In the furtherance of uniformity in the regulation of motor
carriers, the department may by order or rule adopt orders, standards,
or rules and regulations of the United States Department of
Transportation, any other appropriate agency of the federal
government, 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 agencies
in adopting combined uniform procedures and forms when in the
judgment of the affected agencies the action would be in the interest
of the state, its citizens, and any other person subject to this chapter
and 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 compensation
of staff
Sec. 9. The department may do and perform all reasonably
necessary things to carry out the purposes of this chapter, whether
specifically mentioned in this chapter or not, including the power,
subject to the approval of the governor, to employ and fix the
compensation of administrative law judges, investigators, clerks, and
other employees as are necessary for the effective administration of
this 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 a
transportation system that would compete with a motor carrier that
is:
(1) operating under the jurisdiction of the department; and
(2) providing transportation service in the territorial jurisdiction
of the county, city, or town;
the county, city, or town must first apply for and obtain a certificate
under 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 a
political subdivision; or
(2) as a special and charter carrier;
until after obtaining from the department a certificate. A certificate
may not be issued until after a public hearing and a consideration of
the service, if any, rendered in the territory of the proposed motor
vehicle operations by other common carriers, whether by motor
vehicle, 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 for
compensation
Sec. 12.5. (a) Except as provided in this chapter, a person may not
operate a motor vehicle upon an Indiana public highway to transport
household goods for compensation until the person has obtained a
certificate from the department.
(b) The department may issue a certificate under this section only
after conducting a public hearing and considering transportation
services provided by other carriers of household goods by motor
vehicle, railroad, or other means, that operate in the proposed
territory 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, the
department shall, within a reasonable time, fix a time and place for
public hearing in the city of Indianapolis, unless otherwise ordered
by the department. A copy of the notice of hearing shall be mailed to
the applicant at the address set out in the application at least ten (10)
days before the hearing. Any person interested in the proceedings
may appear in person or by attorney and offer evidence in support of
or in opposition to the application and with or without the filing of
formal pleadings.
(b) The applicant has, at all times, the burden of proving, by a
preponderance of the evidence, that public convenience and necessity
requires the proposed operation, and that the proposed operation will
not unreasonably impair the public service of any authorized
common 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 any
additional investigation that the department causes to be made that
public convenience and necessity exist for the service proposed, or
any 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, the
department may, among other things, consider the following:
(1) The financial ability of the applicant to furnish adequate
service.
(2) Whether other transportation service then in existence is
adequate.
(3) The effect upon other transportation service, and,
particularly, whether the granting of the application will or may
seriously impair that service.
(4) The volume of other traffic over the route proposed by the
applicant.
(5) The effect and burden upon the highways and the bridges on
the highways, and the use of the highways and bridges by the
public.
(6) Whether the operations will threaten the safety of the public
or 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 under
any certificate may not deviate from the route over which or the fixed
termini between which it is authorized to operate under the
certificate, except under such general or special rules as prescribed
by the department.
(b) A person who violates this section commits a Class C
infraction. 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 obtained
by the carrier may be sold, assigned, leased, bequeathed, or
transferred as other property upon approval by the department. The
department may inquire into the responsibility of the person
obtaining or seeking to obtain ownership or control of any certificate
or permit or part, the person's readiness, ability, and willingness to
perform the service proposed, and whether the proposed service, to
the extent authorized by the certificate or permit, is or will be
consistent with the public interest and the state transportation policy
declared in this title. If the department finds the person to be
irresponsible or unable to render satisfactory and adequate service
under the certificate or permit or part, or if it finds that the transfer
will not be consistent with the public interest, the department may
enter an order denying the transfer, in whole or in part. However, a
certificate or permit, or part, may not be sold, assigned, leased,
bequeathed, or transferred except after a public hearing before the
department 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 contract
carrier over the public highways for the transportation of persons or
household goods for compensation without first having obtained
from 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 chapter
for contract carrier authority to operate motor vehicles in intrastate
commerce, the department shall, within a reasonable time, fix a time
and place for a public hearing in the city of Indianapolis, unless
otherwise ordered by the department. A copy of the notice of hearing
shall be mailed to the applicant, at the address set out in the
application, at least ten (10) days before the date set for hearing. Any
person interested in the proceedings may appear in person, or by
counsel, and offer any evidence either in support of, or in opposition
to, the granting of the authority requested in the application.
(b) In determining whether requested contract authority should be
granted, the department shall, among other things, consider the
following factors:
(1) The financial ability of the applicant to furnish adequate
contract carrier service.
(2) The effect of granting the requested authority on other
transportation service then in existence, and particularly
whether the granting of authority will seriously impair that
other service and will unreasonably impair the efficient public
service of any certificated common carrier by motor vehicle, or
by railroad, then adequately serving the same territory.
(3) Whether or not any certificated common carrier by motor
vehicle, or by railroad, then serving the same territory, will
furnish transportation services designed to meet the distinct
need of the supporting contract shipper or shippers.
(c) If the department, after hearing, determines that the proposed
operation, as requested in the application, meets all of the
requirements of contract carriage, as defined in this chapter, and that
the applicant is qualified in all respects to perform the proposed
operation, the department shall approve the application and issue the
requested authority, subject to terms, restrictions, and limitations as
determined by the department.
(d) The department shall specify and name in the permit the name
of the contracting person. The scope of the permit shall be attached
at 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 with
49 U.S.C. 11343, common carriers may:
(1) establish by agreement through routes and joint rates,
charges, and classifications with other common carriers and
with common carriers by railroads, or by water, and every
common carrier shall provide safe and adequate service,
equipment, and facilities for the transportation of passengers or
household goods in intrastate and interstate commerce; and
(2) establish, observe, and enforce just and reasonable rates,
fares, charges, and classifications, and just and reasonable
regulations and practices relating to rates, fares, charges, and
classifications, and to the issuance, form, and substance of
tickets, receipts, bills of lading, the carrying of baggage, and all
other matters relating to or connected with the transportation of
passengers or household goods in both intrastate and interstate
commerce, and in case of joint rates and charges, to establish
just, reasonable, and equitable division of joint rates and
charges between the carriers participating in the joint rates and
charges.
(b) It is unjust discrimination and unlawful for any common
carrier by motor vehicle to make, give, or cause any undue or
unreasonable preference or advantage to any particular person or
locality in connection with the transportation of any persons or
household goods, or to subject any particular person or locality to
any undue or unreasonable prejudice, delay, or disadvantage in any
respect.
(c) Every common carrier by motor vehicle that fails or refuses to
receive and transport without unreasonable delay or discrimination
the passengers or household goods tendered for transportation and
deliver without unreasonable delay or discrimination those
passengers or household goods at destination or to the transfer point
of the route of any connecting common carrier by motor vehicle or
railroad is guilty of unjust discrimination.
(d) It is unjust discrimination for any common carrier to charge or
receive any greater compensation in the aggregate for the
transportation of passengers or household goods for a shorter than for
a longer distance over the same line in the same direction, the shorter
distance 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 in
effect by any carrier or carriers is, or will be, in violation of this
chapter. When such a complaint is made, the department shall, after
due notice to the carrier or carriers complained of, hear the
complaining parties.
(b) If the department is of the opinion that any individual or joint
rate, fare, tariff, charge, or classification being made or demanded by
any common carrier or carriers subject to this chapter or by any
common carriers operating in conjunction with common carriers by
railroads or by water is, or will be, unjust and unlawful and
unreasonable or unjustly discriminatory, or unduly preferential or
unduly prejudicial, it shall determine and prescribe lawful maximum
or minimum, and maximum and minimum rates, fares, charges,
tariffs, rules, and classifications thereafter to be observed or
thereafter to be made effective. The department may, on its own
initiative, without complaint, whenever deemed by the department to
be necessary and desirable in the public interest, establish through
routes, joint classifications, joint rates, fares, charges, tariffs,
regulations, or practices for the transportation of passengers or
household goods by common carriers by motor vehicle or the carrier
by railroad or by water, and may fix the maximum or minimum or
the maximum and minimum rates to be charged and the terms and
conditions under which the fares and charges shall be applied and the
routes 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 several
carriers and require adjustment to be made between those carriers in
accordance therewith. In those cases the department may require
adjustment or division between the carriers from the date of filing the
complaint or the entry of the order or any other date subsequent
thereto as the department finds is just and reasonable, and in case
joint rates are fixed by the department, the order as to those divisions
may be made effective as of the date on which the investigation was
ordered. 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 of
proof; suspension
Sec. 20. (a) This section applies whenever there is filed with the
department any schedule stating a new individual or joint rate, fare,
charge, or classification for the transportation of passengers or
household goods by a common carrier or carriers by motor vehicle,
or by a carrier or carriers in conjunction with a common carrier or
carriers by railroad or water in intrastate commerce, or any rule or
practice 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 formal
pleading by the interested carrier or carriers but upon reasonable
notice, the department may enter upon a hearing concerning the
lawfulness of a rate, fare, or charge, or a rule or practice. Pending the
hearing and the decision on the hearing, the department, by filing
with the schedule and delivering to the carrier or carriers affected by
the hearing a statement in writing of its reasons for the suspension,
may from time to time suspend the operation of the schedule and
defer the use of the rate, fare, charge, or classification, or the rule,
regulation, or practice, but not for a longer period than one hundred
eighty (180) days beyond the time when it would otherwise go into
effect. After hearing, whether completed before or after the rate, fare,
charge, classification, rule or practice goes into effect, the
department may make the order with reference thereto as would be
proper in a proceeding instituted after it has become effective.
(c) If the proceeding has not been concluded and an order made
within the period of suspension, the proposed change of rate, fare, or
charge, or classification, rule or practice, goes into effect at the end
of the period.
(d) At any hearing involving a change in a rate, fare, charge, or
classification or in a rule or practice, the burden of proof is on the
carrier 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 and
reasonable rates, fares, and charges for the transportation of
passengers or household goods by common carriers by motor vehicle,
and related classifications, regulations, and practices, the department
shall 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 the
carrier or carriers for which the rates are prescribed;
(3) the need, in the public interest, of adequate and efficient
transportation service by such carriers at the lowest cost
consistent with the furnishing of service; and
(4) the need of revenues sufficient to enable such carriers under
honest, economical, and efficient management to provide
service.
(b) In determining the reasonableness of fares, rates, and charges
of motor carriers of passengers or household goods, the department
shall determine that the revenue is sufficient to cover the cost
(including all operating expenses, depreciation accruals, rents, and
taxes of every kind) of providing adequate transportation service and
reasonable profit to the carrier. The relation of carrier expenses to
carrier revenues may be considered the proper test of a reasonable
profit.
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 their
charges or any part must be brought within two (2) years after the
time the cause of action accrues.
(b) For recovery of overcharges, civil actions must be brought or
complaints filed with the department against carriers subject to this
chapter within two (2) years after the time the cause of action
accrues, subject to subsection (c). However, if claim for the
overcharge has been presented in writing to the carrier within the two
(2) year period of limitation, the period shall be extended to include
six (6) months after the time notice in writing is given by the carrier
to the claimant of disallowance of the claim or any part specified in
the notice.
(c) If on or before the expiration of the two (2) year period of
limitation in subsection (a) or (b), a carrier subject to this chapter
begins an action under subsection (a) for recovery of charges in
respect of the same transportation service or without beginning
action collects charges in respect of that service, the period of
limitation shall be extended to include ninety (90) days after the time
the action is begun or charges are collected by the carrier.
(d) As used in this section, "overcharges" means charges for the
transportation services in excess of those applicable to the services
under 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 with
the department, and print and keep open to public inspection, tariffs
showing all rates, fares, charges for transportation, and all service in
connection therewith, of passengers or household goods in intrastate
commerce 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 which
the tariffs shall be published and may reject any tariff filed with it
that is not in compliance with this section. When so rejected, the
tariff 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 for
transportation or for any service in connection therewith between
points enumerated in the tariff than the rates, fares, and charges
specified 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 so
specified, and shall not extend to any person any facilities for
transportation except as are specified in its tariffs.
(d) A change may not be made in any fare, charge, rule or practice
for or in connection with the transportation of passengers or
household goods except after thirty (30) days notice of the proposed
change. The notice must plainly state the change proposed to be
made and the effective date of the change. The department, upon
complaint or upon the department's own motion, may suspend any
tariff 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 changes
upon notice in less time than specified and permit tariffs to be filed
and become effective in particular instances on shorter notice than
stated in subsection (d).
(f) Whenever the carrier operating a local transportation system
wholly within one (1) county files a tariff or schedule of increased
rates or fares affecting its patrons in any municipality in which the
carrier renders service, the carrier shall give notice by registered
mail, on the date the tariff is filed with the department, to the
executive and legislative body of the municipality and shall enclose
a copy of the tariff filed with the department.
(g) A common carrier by motor vehicle shall not engage in the
transportation of passengers or household goods unless the tariffs
have 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, and
charges for any service rendered or to be rendered in the
transportation of passengers or household goods or in
connection with the transportation of passengers or household
goods;
(2) establish and observe reasonable regulations and practices
to be applied in connection with those reasonable minimum
rates, fares, and charges; and
(3) file with the department, publish, and keep open for public
inspection, in the form and manner prescribed by the
department, schedules, or, by consent of contracting parties in
lieu of schedules, copies of contracts, containing the minimum
rates, fares, or charges of the carrier for the transportation of
passengers or household goods in intrastate commerce, and any
rule or practice affecting the rates, fares, or charges and the
value 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 household
goods in intrastate commerce unless the minimum charges for the
transportation by the carrier have been published, filed, and posted
in accordance with this chapter. A reduction may not be made in the
charge either directly or by means of any change in any rule or
practice affecting the charge or the value of service under the charge,
except after thirty (30) days notice of the proposed change filed in
the required form and manner the department may, for good cause
shown, allow a change upon less notice. However, the notice must
plainly state the change proposed to be made and the time when the
change will take effect.
(c) A carrier shall not demand, charge, or collect less
compensation for the transportation than the charges filed in
accordance with this section, as affected by any rule or practice so
filed, or as may be prescribed by the department. It is unlawful for
the carrier, by the furnishing of special service, facilities, or
privileges, or by any other device, to charge, accept, or receive less
than the minimum charges so filed or prescribed. The carrier, or any
class or group, of the carrier may apply to the department for relief
from this subsection, and the department may, after hearing, grant
relief to the extent, for the time, and in the manner as in its judgment
is consistent with the public interest.
(d) Whenever, after hearing, upon complaint or upon its own
initiative, the department finds that any minimum rate, fare, or
charge 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 of
passengers or household goods or in connection under the rate, fare
or charge, is in violation of any provision of this chapter, the
department may prescribe that transportation, just and reasonable
minimum rates, fare, or charge, or a rule, regulation, or practice as
judgment is necessary in the public interest and will not be in
violation of any provision of this chapter. The minimum rate, fare, or
charge, or rule or practice, prescribed by the department, may not
give an advantage or preference to the carrier in competition with
any common carrier by motor vehicle subject to this chapter, which
the department may find to be undue or inconsistent with the public
interest, and the department shall give due consideration to the cost
of the services rendered by those carriers, and to the effect of the
minimum rate, fare, or charge, or rule, regulation, or practice, upon
the movement of traffic by such carriers. All complaints must state
fully the facts complained of and the reasons for the complaint and
shall 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 a
charge for a new service or a reduced charge directly, or by means of
any rule or practice, for the transportation of passengers or household
goods in intrastate commerce.
(b) Upon complaint of interested parties or upon its own initiative
at once and, if it so orders, without answer or other formal pleading
by the interested party, but upon reasonable notice, the department
may enter upon a hearing concerning the lawfulness of the charge,
rule, or practice. Pending the hearing and the decision on the
complaint, the department, by filing with the schedule and delivering
to the carrier affected thereby a statement in writing of its reasons for
the suspension, may from time to time suspend the operation of the
schedule and defer the use of the charge, rule, regulation, or practice,
but not for a longer period than one hundred eighty (180) days
beyond the time when it would otherwise go into effect. After
hearing, whether completed before or after the charge, or rule or
practice goes into effect, the department may make the order with
reference thereto as would be proper in a proceeding instituted after
it had become effective.
(c) If the proceeding has not been concluded and an order made
within the period of suspension, the proposed change in any charge
or rule, regulation, or practice goes into effect at the end of the
period. 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 for
conformity to published schedule
Sec. 26. (a) The department may require any contract motor
carrier to file with it a true copy of any contract, agreement, or
arrangement between the carrier and any person in relation to any
traffic affected by this chapter. The department shall not, however,
make public the contract, agreement, or arrangement between a
contract carrier by motor vehicle and a shipper, or any of the terms
or conditions of the contract except as a part of the record in a formal
proceeding where it considers that action consistent with the public
interest.
(b) If it appears from an examination of the contract that it fails to
conform to the published schedule of the contract carrier by motor
vehicle as required by this chapter, the department may make public
such of the provisions of the contract as the department considers
necessary to disclose the failure and the extent of the failure.
(c) This section does not apply to contracts filed instead of
schedules. 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 arrange
for 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 the
person holds a broker's license issued by the department to engage in
the transactions. A person may not engage in transportation subject
to this chapter unless the person holds a certificate or a permit as
provided in this chapter. In the execution of any contract, agreement,
or arrangement to sell, provide, procure, furnish, or arrange for the
transportation of passengers, a person may not employ any common
or contract carrier who is not the lawful holder of an effective
certificate or permit issued as provided in this chapter.
(b) This section does not apply to any carrier holding a certificate
or a permit under this chapter or to any employee or agent of the
motor carrier, so far as concerns transportation to be furnished
wholly by the carrier or jointly with other motor carriers holding like
certificates or permits, or with a common carrier by railroad, express,
or water.
(c) A brokerage license shall be issued to any qualified applicant
for a brokerage license, authorizing any part of the operations
covered by the application, if it is found that the applicant is fit,
willing, and able to properly perform the service proposed and to
conform to this chapter and the requirements, and rules of the
department thereunder, and that the proposed service, to the extent
to be authorized by the license, is or will be consistent with the
public interest, otherwise the application shall be denied.
(d) The department shall prescribe reasonable rules for the
protection of travelers by motor vehicle to be observed by any person
holding a brokerage license, and no such license may be issued or
remain in effect unless the person furnishes a bond or other security
approved by the department, in a form and amount as will insure
financial responsibility and the supplying of authorized
transportation in accordance with contracts, agreements, or
arrangements for the transportation.
(e) The department and its special agents and examiners have the
same authority as to accounts, reports, and records, including
inspection and preservation of the accounts, reports, and records, of
any person holding a brokerage license issued under this section that
the department and the department's special agents and examiners
have under this chapter with respect to motor carriers subject to this
chapter.
(f) A person who violates this section commits a Class C
infraction. 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 from
the 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 a
special 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; operating
authority required
Sec. 29. (a) A person may not operate any motor vehicle over the
public highways for hire, unless the operations are specifically
exempt under this chapter, without first having obtained appropriate
operating authority from the department to do so, and having
otherwise complied with all other applicable provisions of this
chapter.
(b) The department or the state police department may apply to an
administrative law judge of the department or a court with
jurisdiction for an order to impound a motor vehicle that is offered
by a motor carrier to the general public for the transportation of
passengers for hire if:
(1) the motor carrier has not obtained the required authority
from the department to operate the motor vehicle for hire; and
(2) there is probable cause to believe that the motor vehicle has
been operated on an Indiana highway to transport passengers
for hire.
A hearing on an application to impound a motor vehicle under this
subsection may not be held sooner than three (3) days after the date
on which a notice of hearing on the application is served on the
motor carrier. The motor carrier may contest the application to
impound the motor vehicle at the hearing.
(c) A motor carrier that operated a motor vehicle impounded
under this section may not obtain possession of the impounded motor
vehicle unless the motor carrier obtains the required authority to
operate 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 or
permit
Sec. 30. (a) Any certificate or permit, upon application of the
holder of the certificate or permit, in the discretion of the department,
may be amended or revoked in whole or in part, or may, upon
complaint or on the department's own initiative, after notice and
hearing, be suspended, changed or revoked in whole or in part for
willful failure to comply with any provision of this chapter, or with
any lawful order or rule prescribed by the department, or with any
term, 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 or
permit should not be suspended, changed, or revoked in whole or in
part and the department, by its authorized representative, may
introduce 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 any
broker for any violation of this chapter or any rule issued thereunder
by the department. The fee for a broker's license is one hundred
dollars ($100), which shall be paid at the time the application is
made and shall be disposed of in the manner as other fees which are
collected by the department. Any license so issued to any broker
remains 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 the
transportation of passengers or household goods over the public
highways regardless of whether that transportation is interstate or
intrastate, except to the extent this chapter contravenes the
Constitution 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 transportation
of passengers or household goods must register under the unified
carrier registration system in accordance with rules adopted by the
department under IC 4-22-2 before operating a motor vehicle upon
a 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 contract
carrier regulated under this chapter shall file, and keep on file, with
the department a designation in writing of the name and postoffice
address of a citizen and resident of Indiana upon whom service of
notices or orders may be made, and upon whom process issued by or
under the authority of any court having jurisdiction of the subject
matter may be served in any proceeding at law or equity brought
against such the carrier.
(b) Service of notices or orders in proceedings under this chapter
may be made upon the carrier by personal service upon it, or upon
the 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 any
other reason personal service cannot be had upon the carrier, service
of the notice or order may be made by serving two (2) copies upon
the department. When service is had upon the department as
provided in this subsection, the department shall promptly mail one
(1) copy of the notice or order served upon him to the carrier by
registered mail at the last address shown by the records of the
department, and the date of mailing shall be considered as the time
when notice is served.
(d) When notice is given by mail as provided in this section, the
date 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 and
notice of orders
Sec. 35. In addition to the other powers conferred in this chapter
upon the department, it may designate from time to time the public
highways, as routes, over which carriers subject to this chapter may
or may not operate, and may designate the time that the vehicles may
or may not be operated public highways, so as to prevent congestion
that may affect the safety of persons or property upon the public
highways. The department may also provide for the enforcement of
its orders and the notice of the orders, if any, that shall be given to
such carriers. As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-36 Temporary authority or emergency temporary authority for one
trip or occasional trips
Sec. 36. In addition to all other powers granted to the department
under this chapter, the department may issue, in accordance with its
rules, "temporary authority" or "emergency temporary authority" to
persons to whom permanent permits or certificates have been issued,
or to persons who have filed new applications for permanent permits
or certificates, and also to persons when there appears a necessity to
make 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 department
under 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 declared
national emergency and for a period of six (6) months thereafter, or
for 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 until
owner 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, or
discrimination in violation of this chapter. A person shall not, by
means 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 any
person to obtain transportation of passengers or household goods
subject to this chapter for less than the rate, fare, or charge approved
by the department. A person shall not knowingly, by any such means
or otherwise, fraudulently seek to evade or defeat regulations as in
this chapter provided for motor carriers.
(b) An operator of a motor vehicle for hire, which vehicle belongs
to or is leased by an intrastate or interstate common or contract
carrier for hire, who transports persons or household goods over the
highways without required authority issued by the department, shall
not operate the motor vehicle until the owner or lessor has secured
the required authority from the department, but the offender shall be
given an opportunity to secure the services of a certificated carrier,
having the required authority, to transport the lading on the
offender's motor vehicle to its intended destination.
(c) A person who violates this section commits a Class C
infraction. 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 this
chapter expire on December 31 of each year, and each motor vehicle
continued 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 motor
vehicles; filing and publication fees
Sec. 40. (a) All applications under this chapter for a common
carrier certificate or a contract carrier permit to operate motor
vehicles, intrastate or interstate, shall be made on forms prescribed
by the department.
(b) All applications for a common carrier certificate of public
convenience and necessity, or a contract carrier permit, to operate
motor vehicles intrastate on the public highways, which applications
require a public hearing thereon, shall be accompanied by a filing fee
of one hundred dollars ($100). Each petition for reinstatement of a
common carrier certificate of public convenience and necessity, or
a contract carrier permit, to operate motor vehicles intrastate, on the
highways of this state, shall be accompanied by a filing fee of fifty
dollars ($50).
(c) All applications for a temporary certificate of public
convenience and necessity, or for a contract carrier permit to operate
motor 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 a
common carrier certificate of public convenience and necessity, of
a common carrier certificate of authority or certificate of registration,
or of a contract carrier permit, which change of name does not
involve a change in the ownership of the operating rights of the
certificate or permit holder, shall be made by verified petition to the
department, and the applications shall be accompanied by a filing fee
of twenty-five dollars ($25).
(e) In addition to the filing fees prescribed in subsection (b), all
applications for a common carrier certificate of public convenience
and necessity, or for a contract carrier permit, to operate motor
vehicles intrastate, on the public highways, which applications
require a public hearing thereon, shall be accompanied by a
publication fee of eighty dollars ($80). Whenever any republication
is required through no fault of the department, the party responsible
therefor shall be required to pay an additional publication fee of
eighty dollars ($80) for each republication.
(f) Each petition for rehearing of an application for a common
carrier certificate of public convenience and necessity, or for a
contract carrier permit, to operate motor vehicles intrastate, on the
public highways, shall be accompanied by a filing fee of twenty-five
dollars ($25).
(g) Each application or petition for alteration or change of a
common carrier certificate of public convenience and necessity, or
a contract carrier permit, to operate motor vehicles intrastate, on the
public highways, shall be accompanied by a filing fee of fifty dollars
($50).
(h) Each application requesting permission to deviate from the
department's tariff publishing regulations shall be accompanied by a
filing 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 this
chapter 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 C
infraction. 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 the
treasurer of state through the department and deposited in the motor
carrier 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 that
augments equipment, interchanges equipment, or leases equipment,
with or without drivers, shall comply with the rules of the department
governing lease and interchange of vehicles.
(b) A person who violates this section commits a Class C
infraction. As added by P.L.99-1989, SEC.13.
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, this
chapter applies to the regulation of the following persons:
(1) A common carrier that professes to the general public to
engage in the transportation by motor vehicle of passengers or
household goods for compensation.
(2) A contract carrier that engages in transportation by motor
vehicle of passengers or household goods, for compensation
(other than transportation provided by a common carrier
described in subdivision (1)) under continuing contracts with
one (1) person or a limited number of persons for:
(A) the furnishing of transportation services through the
dedication of motor vehicles for a continuing period of time
to the exclusive use of each person served; or
(B) the furnishing of transportation services designed to
meet the distinct need of each individual customer.
(3) A broker of transportation services provided by a motor
carrier described in subdivision (1) or (2).
(4) A common carrier that professes to the general public to
engage in the transportation of household goods.
(5) A contract carrier that engages in transportation of
household goods for compensation under continuing contracts
with at least one (1) person for:
(A) the furnishing of transportation services through the
dedication of motor vehicles for a continuing period for the
exclusive use of each person served; or
(B) the furnishing of transportation services designed to
meet 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 the
transportation of students, under the supervision, control, and
direction of school authorities.
(2) Motor vehicles used exclusively as taxicabs.
(3) Motor vehicles while being used or operated under the
control, direction, and supervision of:
(A) the United States government, the state, or a political
subdivision; or
(B) the board of trustees of any state institution.
(4) Motor vehicles that are used to provide limited
transportation services in conjunction with the operation of a
hotel, campground, or food service facility but are not used as
a common carrier. For the purpose of this subdivision,
compensation for housing, camping, or food combined with
transportation is not transportation by motor vehicle for
compensation. However, transportation may not be performed
for any person if, at the point of origin or within twenty-five
(25) miles of that point, there is an equipment point as shown
by a proper tariff of a carrier of passengers in Indiana that
operates special or charter bus service under the jurisdiction of
the department. Exemption from this chapter is not available
under this subdivision unless the motor vehicles in question are
provided with proof of financial responsibility of the type and
in amounts as required of common carriers under
IC 8-2.1-22-46.
(5) Motor vehicles that are used to provide regular route
intercity passenger service.
(6) Motor vehicles that are used primarily for van pooling or
other ride-sharing programs on a nonprofit basis.
(7) Motor vehicles that are used to provide transportation of
passengers by a nonprofit corporation if that corporation
receives 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 than
forty (40) persons;
(B) is used to transport employees, including the driver,
exclusively between their homes and their employer's place
of business, or termini near those places, in a single daily
round trip; and
(C) is owned or leased by an employer providing commuter
van service, which means any person who provides or
operates at least one (1) of those vehicles on a nonprofit
basis, and whose service does not infringe upon or compete
with any service that is provided by any common carrier
regulated by the department.
(9) Motor vehicles certified as ambulances by the Indiana
emergency medical services commission under IC 16-31.
(10) The casual, occasional, or reciprocal transportation of
household effects or furniture for compensation, not including
the transportation for hire of new household effects or furniture
to or from a factory, warehouse, or store, by a person who:
(A) does not otherwise engage in the described
transportation for compensation;
(B) is not required under this chapter to hold a certificate or
permit to engage in transportation or operation for hire; or
(C) does not profess to engage in the business of
transporting household effects or furniture for hire.
(b) This chapter does not apply to a limousine while the limousine
is 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 legislative
body of the city or town has adopted an ordinance under IC 36-9-2-4
that takes effect after July 1, 1991, and that regulates limousines
within 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 other
reports and the submission of all records and information as is
reasonably necessary. As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-4 Inspection of books, equipment, and premises; examination of
officers, agents, or employees; rules for vehicle inspection;
complaints
Sec. 4. (a) The department, any member of the department or any
authorized representative of the department, may:
(1) upon demand, inspect the books, accounts, papers, records,
memoranda, equipment, and premises of any common carrier or
contract carrier;
(2) examine, under oath, any officer, agent, or employee of the
common carrier or contract carrier in relation to its business
affairs; and
(3) adopt rules for inspection of motor vehicles used by
common carriers or contract carriers or brokers.
(b) Upon complaint in writing filed with the department or upon
the department's own initiative without complaint, the department
may investigate whether or not any person subject to this chapter has
failed to comply with this chapter or with any requirement
established under this chapter. If the department, after notice and
hearing, finds, upon the investigation, that the person has failed to
comply with any provision or requirement, the department shall issue
an 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 any
authorized representative of the department, may compel the
attendance of witnesses, swear witnesses, take their testimony under
oath, make record of the testimony, and after the record is made
under the direction of a department, administrative law judge, or
authorized representative of the department or the department may
upon the record make an appropriate order.
(b) The department may hear all petitions, applications, or
motions filed with the department. Hearings may be conducted by the
department, by any member of the department, or by any
administrative law judge authorized by the department. In case the
hearing is conducted by an administrative law judge, the
administrative law judge must promptly, but not later than thirty (30)
days after the conclusion of the hearing, unless the time is extended
by order of the department:
(1) report to the department the facts established by the
evidence; and
(2) submit a suggested order, showing the findings and a
decision in the order, to the department.
(c) Orders recommended by an administrative law judge must be
held for not less than ten (10) days during which time interested
parties may file written exceptions to the orders. In case no
exceptions are filed, the finding of facts and decision in form of
order suggested by the administrative law judge constitute the order
of 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 by
the department in any proceeding under this chapter, any party to the
proceeding may apply to the department for reconsideration or
rehearing of the decision, order, or requirement, or of any matter
determined in the decision, order, or requirement. The department
may grant reconsideration or rehearing if there is sufficient reason in
the decision, order, or requirement. Applications for reconsideration
or rehearing are governed by rules prescribed by the department. If
after reconsideration or rehearing, it appears that the original
decision, order, or requirement is in any respect unjust and
unwarranted, the department may change or modify the decision,
order, or requirement accordingly. Any decision, order, or
requirement made after reconsideration or rehearing is subject to the
same 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 another
state; 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 United
States Department of Transportation, any other appropriate agency
of federal government, or any other department or agency of another
state, for the purpose of more effective regulation of motor carriers.
(b) In the furtherance of uniformity in the regulation of motor
carriers, the department may by order or rule adopt orders, standards,
or rules and regulations of the United States Department of
Transportation, any other appropriate agency of the federal
government, 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 agencies
in adopting combined uniform procedures and forms when in the
judgment of the affected agencies the action would be in the interest
of the state, its citizens, and any other person subject to this chapter
and 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 compensation
of staff
Sec. 9. The department may do and perform all reasonably
necessary things to carry out the purposes of this chapter, whether
specifically mentioned in this chapter or not, including the power,
subject to the approval of the governor, to employ and fix the
compensation of administrative law judges, investigators, clerks, and
other employees as are necessary for the effective administration of
this 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 a
transportation system that would compete with a motor carrier that
is:
(1) operating under the jurisdiction of the department; and
(2) providing transportation service in the territorial jurisdiction
of the county, city, or town;
the county, city, or town must first apply for and obtain a certificate
under 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 a
political subdivision; or
(2) as a special and charter carrier;
until after obtaining from the department a certificate. A certificate
may not be issued until after a public hearing and a consideration of
the service, if any, rendered in the territory of the proposed motor
vehicle operations by other common carriers, whether by motor
vehicle, 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 for
compensation
Sec. 12.5. (a) Except as provided in this chapter, a person may not
operate a motor vehicle upon an Indiana public highway to transport
household goods for compensation until the person has obtained a
certificate from the department.
(b) The department may issue a certificate under this section only
after conducting a public hearing and considering transportation
services provided by other carriers of household goods by motor
vehicle, railroad, or other means, that operate in the proposed
territory 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, the
department shall, within a reasonable time, fix a time and place for
public hearing in the city of Indianapolis, unless otherwise ordered
by the department. A copy of the notice of hearing shall be mailed to
the applicant at the address set out in the application at least ten (10)
days before the hearing. Any person interested in the proceedings
may appear in person or by attorney and offer evidence in support of
or in opposition to the application and with or without the filing of
formal pleadings.
(b) The applicant has, at all times, the burden of proving, by a
preponderance of the evidence, that public convenience and necessity
requires the proposed operation, and that the proposed operation will
not unreasonably impair the public service of any authorized
common 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 any
additional investigation that the department causes to be made that
public convenience and necessity exist for the service proposed, or
any 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, the
department may, among other things, consider the following:
(1) The financial ability of the applicant to furnish adequate
service.
(2) Whether other transportation service then in existence is
adequate.
(3) The effect upon other transportation service, and,
particularly, whether the granting of the application will or may
seriously impair that service.
(4) The volume of other traffic over the route proposed by the
applicant.
(5) The effect and burden upon the highways and the bridges on
the highways, and the use of the highways and bridges by the
public.
(6) Whether the operations will threaten the safety of the public
or 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 under
any certificate may not deviate from the route over which or the fixed
termini between which it is authorized to operate under the
certificate, except under such general or special rules as prescribed
by the department.
(b) A person who violates this section commits a Class C
infraction. 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 obtained
by the carrier may be sold, assigned, leased, bequeathed, or
transferred as other property upon approval by the department. The
department may inquire into the responsibility of the person
obtaining or seeking to obtain ownership or control of any certificate
or permit or part, the person's readiness, ability, and willingness to
perform the service proposed, and whether the proposed service, to
the extent authorized by the certificate or permit, is or will be
consistent with the public interest and the state transportation policy
declared in this title. If the department finds the person to be
irresponsible or unable to render satisfactory and adequate service
under the certificate or permit or part, or if it finds that the transfer
will not be consistent with the public interest, the department may
enter an order denying the transfer, in whole or in part. However, a
certificate or permit, or part, may not be sold, assigned, leased,
bequeathed, or transferred except after a public hearing before the
department 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 contract
carrier over the public highways for the transportation of persons or
household goods for compensation without first having obtained
from 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 chapter
for contract carrier authority to operate motor vehicles in intrastate
commerce, the department shall, within a reasonable time, fix a time
and place for a public hearing in the city of Indianapolis, unless
otherwise ordered by the department. A copy of the notice of hearing
shall be mailed to the applicant, at the address set out in the
application, at least ten (10) days before the date set for hearing. Any
person interested in the proceedings may appear in person, or by
counsel, and offer any evidence either in support of, or in opposition
to, the granting of the authority requested in the application.
(b) In determining whether requested contract authority should be
granted, the department shall, among other things, consider the
following factors:
(1) The financial ability of the applicant to furnish adequate
contract carrier service.
(2) The effect of granting the requested authority on other
transportation service then in existence, and particularly
whether the granting of authority will seriously impair that
other service and will unreasonably impair the efficient public
service of any certificated common carrier by motor vehicle, or
by railroad, then adequately serving the same territory.
(3) Whether or not any certificated common carrier by motor
vehicle, or by railroad, then serving the same territory, will
furnish transportation services designed to meet the distinct
need of the supporting contract shipper or shippers.
(c) If the department, after hearing, determines that the proposed
operation, as requested in the application, meets all of the
requirements of contract carriage, as defined in this chapter, and that
the applicant is qualified in all respects to perform the proposed
operation, the department shall approve the application and issue the
requested authority, subject to terms, restrictions, and limitations as
determined by the department.
(d) The department shall specify and name in the permit the name
of the contracting person. The scope of the permit shall be attached
at 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 with
49 U.S.C. 11343, common carriers may:
(1) establish by agreement through routes and joint rates,
charges, and classifications with other common carriers and
with common carriers by railroads, or by water, and every
common carrier shall provide safe and adequate service,
equipment, and facilities for the transportation of passengers or
household goods in intrastate and interstate commerce; and
(2) establish, observe, and enforce just and reasonable rates,
fares, charges, and classifications, and just and reasonable
regulations and practices relating to rates, fares, charges, and
classifications, and to the issuance, form, and substance of
tickets, receipts, bills of lading, the carrying of baggage, and all
other matters relating to or connected with the transportation of
passengers or household goods in both intrastate and interstate
commerce, and in case of joint rates and charges, to establish
just, reasonable, and equitable division of joint rates and
charges between the carriers participating in the joint rates and
charges.
(b) It is unjust discrimination and unlawful for any common
carrier by motor vehicle to make, give, or cause any undue or
unreasonable preference or advantage to any particular person or
locality in connection with the transportation of any persons or
household goods, or to subject any particular person or locality to
any undue or unreasonable prejudice, delay, or disadvantage in any
respect.
(c) Every common carrier by motor vehicle that fails or refuses to
receive and transport without unreasonable delay or discrimination
the passengers or household goods tendered for transportation and
deliver without unreasonable delay or discrimination those
passengers or household goods at destination or to the transfer point
of the route of any connecting common carrier by motor vehicle or
railroad is guilty of unjust discrimination.
(d) It is unjust discrimination for any common carrier to charge or
receive any greater compensation in the aggregate for the
transportation of passengers or household goods for a shorter than for
a longer distance over the same line in the same direction, the shorter
distance 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 in
effect by any carrier or carriers is, or will be, in violation of this
chapter. When such a complaint is made, the department shall, after
due notice to the carrier or carriers complained of, hear the
complaining parties.
(b) If the department is of the opinion that any individual or joint
rate, fare, tariff, charge, or classification being made or demanded by
any common carrier or carriers subject to this chapter or by any
common carriers operating in conjunction with common carriers by
railroads or by water is, or will be, unjust and unlawful and
unreasonable or unjustly discriminatory, or unduly preferential or
unduly prejudicial, it shall determine and prescribe lawful maximum
or minimum, and maximum and minimum rates, fares, charges,
tariffs, rules, and classifications thereafter to be observed or
thereafter to be made effective. The department may, on its own
initiative, without complaint, whenever deemed by the department to
be necessary and desirable in the public interest, establish through
routes, joint classifications, joint rates, fares, charges, tariffs,
regulations, or practices for the transportation of passengers or
household goods by common carriers by motor vehicle or the carrier
by railroad or by water, and may fix the maximum or minimum or
the maximum and minimum rates to be charged and the terms and
conditions under which the fares and charges shall be applied and the
routes 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 several
carriers and require adjustment to be made between those carriers in
accordance therewith. In those cases the department may require
adjustment or division between the carriers from the date of filing the
complaint or the entry of the order or any other date subsequent
thereto as the department finds is just and reasonable, and in case
joint rates are fixed by the department, the order as to those divisions
may be made effective as of the date on which the investigation was
ordered. 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 of
proof; suspension
Sec. 20. (a) This section applies whenever there is filed with the
department any schedule stating a new individual or joint rate, fare,
charge, or classification for the transportation of passengers or
household goods by a common carrier or carriers by motor vehicle,
or by a carrier or carriers in conjunction with a common carrier or
carriers by railroad or water in intrastate commerce, or any rule or
practice 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 formal
pleading by the interested carrier or carriers but upon reasonable
notice, the department may enter upon a hearing concerning the
lawfulness of a rate, fare, or charge, or a rule or practice. Pending the
hearing and the decision on the hearing, the department, by filing
with the schedule and delivering to the carrier or carriers affected by
the hearing a statement in writing of its reasons for the suspension,
may from time to time suspend the operation of the schedule and
defer the use of the rate, fare, charge, or classification, or the rule,
regulation, or practice, but not for a longer period than one hundred
eighty (180) days beyond the time when it would otherwise go into
effect. After hearing, whether completed before or after the rate, fare,
charge, classification, rule or practice goes into effect, the
department may make the order with reference thereto as would be
proper in a proceeding instituted after it has become effective.
(c) If the proceeding has not been concluded and an order made
within the period of suspension, the proposed change of rate, fare, or
charge, or classification, rule or practice, goes into effect at the end
of the period.
(d) At any hearing involving a change in a rate, fare, charge, or
classification or in a rule or practice, the burden of proof is on the
carrier 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 and
reasonable rates, fares, and charges for the transportation of
passengers or household goods by common carriers by motor vehicle,
and related classifications, regulations, and practices, the department
shall 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 the
carrier or carriers for which the rates are prescribed;
(3) the need, in the public interest, of adequate and efficient
transportation service by such carriers at the lowest cost
consistent with the furnishing of service; and
(4) the need of revenues sufficient to enable such carriers under
honest, economical, and efficient management to provide
service.
(b) In determining the reasonableness of fares, rates, and charges
of motor carriers of passengers or household goods, the department
shall determine that the revenue is sufficient to cover the cost
(including all operating expenses, depreciation accruals, rents, and
taxes of every kind) of providing adequate transportation service and
reasonable profit to the carrier. The relation of carrier expenses to
carrier revenues may be considered the proper test of a reasonable
profit.
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 their
charges or any part must be brought within two (2) years after the
time the cause of action accrues.
(b) For recovery of overcharges, civil actions must be brought or
complaints filed with the department against carriers subject to this
chapter within two (2) years after the time the cause of action
accrues, subject to subsection (c). However, if claim for the
overcharge has been presented in writing to the carrier within the two
(2) year period of limitation, the period shall be extended to include
six (6) months after the time notice in writing is given by the carrier
to the claimant of disallowance of the claim or any part specified in
the notice.
(c) If on or before the expiration of the two (2) year period of
limitation in subsection (a) or (b), a carrier subject to this chapter
begins an action under subsection (a) for recovery of charges in
respect of the same transportation service or without beginning
action collects charges in respect of that service, the period of
limitation shall be extended to include ninety (90) days after the time
the action is begun or charges are collected by the carrier.
(d) As used in this section, "overcharges" means charges for the
transportation services in excess of those applicable to the services
under 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 with
the department, and print and keep open to public inspection, tariffs
showing all rates, fares, charges for transportation, and all service in
connection therewith, of passengers or household goods in intrastate
commerce 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 which
the tariffs shall be published and may reject any tariff filed with it
that is not in compliance with this section. When so rejected, the
tariff 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 for
transportation or for any service in connection therewith between
points enumerated in the tariff than the rates, fares, and charges
specified 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 so
specified, and shall not extend to any person any facilities for
transportation except as are specified in its tariffs.
(d) A change may not be made in any fare, charge, rule or practice
for or in connection with the transportation of passengers or
household goods except after thirty (30) days notice of the proposed
change. The notice must plainly state the change proposed to be
made and the effective date of the change. The department, upon
complaint or upon the department's own motion, may suspend any
tariff 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 changes
upon notice in less time than specified and permit tariffs to be filed
and become effective in particular instances on shorter notice than
stated in subsection (d).
(f) Whenever the carrier operating a local transportation system
wholly within one (1) county files a tariff or schedule of increased
rates or fares affecting its patrons in any municipality in which the
carrier renders service, the carrier shall give notice by registered
mail, on the date the tariff is filed with the department, to the
executive and legislative body of the municipality and shall enclose
a copy of the tariff filed with the department.
(g) A common carrier by motor vehicle shall not engage in the
transportation of passengers or household goods unless the tariffs
have 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, and
charges for any service rendered or to be rendered in the
transportation of passengers or household goods or in
connection with the transportation of passengers or household
goods;
(2) establish and observe reasonable regulations and practices
to be applied in connection with those reasonable minimum
rates, fares, and charges; and
(3) file with the department, publish, and keep open for public
inspection, in the form and manner prescribed by the
department, schedules, or, by consent of contracting parties in
lieu of schedules, copies of contracts, containing the minimum
rates, fares, or charges of the carrier for the transportation of
passengers or household goods in intrastate commerce, and any
rule or practice affecting the rates, fares, or charges and the
value 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 household
goods in intrastate commerce unless the minimum charges for the
transportation by the carrier have been published, filed, and posted
in accordance with this chapter. A reduction may not be made in the
charge either directly or by means of any change in any rule or
practice affecting the charge or the value of service under the charge,
except after thirty (30) days notice of the proposed change filed in
the required form and manner the department may, for good cause
shown, allow a change upon less notice. However, the notice must
plainly state the change proposed to be made and the time when the
change will take effect.
(c) A carrier shall not demand, charge, or collect less
compensation for the transportation than the charges filed in
accordance with this section, as affected by any rule or practice so
filed, or as may be prescribed by the department. It is unlawful for
the carrier, by the furnishing of special service, facilities, or
privileges, or by any other device, to charge, accept, or receive less
than the minimum charges so filed or prescribed. The carrier, or any
class or group, of the carrier may apply to the department for relief
from this subsection, and the department may, after hearing, grant
relief to the extent, for the time, and in the manner as in its judgment
is consistent with the public interest.
(d) Whenever, after hearing, upon complaint or upon its own
initiative, the department finds that any minimum rate, fare, or
charge 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 of
passengers or household goods or in connection under the rate, fare
or charge, is in violation of any provision of this chapter, the
department may prescribe that transportation, just and reasonable
minimum rates, fare, or charge, or a rule, regulation, or practice as
judgment is necessary in the public interest and will not be in
violation of any provision of this chapter. The minimum rate, fare, or
charge, or rule or practice, prescribed by the department, may not
give an advantage or preference to the carrier in competition with
any common carrier by motor vehicle subject to this chapter, which
the department may find to be undue or inconsistent with the public
interest, and the department shall give due consideration to the cost
of the services rendered by those carriers, and to the effect of the
minimum rate, fare, or charge, or rule, regulation, or practice, upon
the movement of traffic by such carriers. All complaints must state
fully the facts complained of and the reasons for the complaint and
shall 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 a
charge for a new service or a reduced charge directly, or by means of
any rule or practice, for the transportation of passengers or household
goods in intrastate commerce.
(b) Upon complaint of interested parties or upon its own initiative
at once and, if it so orders, without answer or other formal pleading
by the interested party, but upon reasonable notice, the department
may enter upon a hearing concerning the lawfulness of the charge,
rule, or practice. Pending the hearing and the decision on the
complaint, the department, by filing with the schedule and delivering
to the carrier affected thereby a statement in writing of its reasons for
the suspension, may from time to time suspend the operation of the
schedule and defer the use of the charge, rule, regulation, or practice,
but not for a longer period than one hundred eighty (180) days
beyond the time when it would otherwise go into effect. After
hearing, whether completed before or after the charge, or rule or
practice goes into effect, the department may make the order with
reference thereto as would be proper in a proceeding instituted after
it had become effective.
(c) If the proceeding has not been concluded and an order made
within the period of suspension, the proposed change in any charge
or rule, regulation, or practice goes into effect at the end of the
period. 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 for
conformity to published schedule
Sec. 26. (a) The department may require any contract motor
carrier to file with it a true copy of any contract, agreement, or
arrangement between the carrier and any person in relation to any
traffic affected by this chapter. The department shall not, however,
make public the contract, agreement, or arrangement between a
contract carrier by motor vehicle and a shipper, or any of the terms
or conditions of the contract except as a part of the record in a formal
proceeding where it considers that action consistent with the public
interest.
(b) If it appears from an examination of the contract that it fails to
conform to the published schedule of the contract carrier by motor
vehicle as required by this chapter, the department may make public
such of the provisions of the contract as the department considers
necessary to disclose the failure and the extent of the failure.
(c) This section does not apply to contracts filed instead of
schedules. 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 arrange
for 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 the
person holds a broker's license issued by the department to engage in
the transactions. A person may not engage in transportation subject
to this chapter unless the person holds a certificate or a permit as
provided in this chapter. In the execution of any contract, agreement,
or arrangement to sell, provide, procure, furnish, or arrange for the
transportation of passengers, a person may not employ any common
or contract carrier who is not the lawful holder of an effective
certificate or permit issued as provided in this chapter.
(b) This section does not apply to any carrier holding a certificate
or a permit under this chapter or to any employee or agent of the
motor carrier, so far as concerns transportation to be furnished
wholly by the carrier or jointly with other motor carriers holding like
certificates or permits, or with a common carrier by railroad, express,
or water.
(c) A brokerage license shall be issued to any qualified applicant
for a brokerage license, authorizing any part of the operations
covered by the application, if it is found that the applicant is fit,
willing, and able to properly perform the service proposed and to
conform to this chapter and the requirements, and rules of the
department thereunder, and that the proposed service, to the extent
to be authorized by the license, is or will be consistent with the
public interest, otherwise the application shall be denied.
(d) The department shall prescribe reasonable rules for the
protection of travelers by motor vehicle to be observed by any person
holding a brokerage license, and no such license may be issued or
remain in effect unless the person furnishes a bond or other security
approved by the department, in a form and amount as will insure
financial responsibility and the supplying of authorized
transportation in accordance with contracts, agreements, or
arrangements for the transportation.
(e) The department and its special agents and examiners have the
same authority as to accounts, reports, and records, including
inspection and preservation of the accounts, reports, and records, of
any person holding a brokerage license issued under this section that
the department and the department's special agents and examiners
have under this chapter with respect to motor carriers subject to this
chapter.
(f) A person who violates this section commits a Class C
infraction. 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 from
the 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 a
special 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; operating
authority required
Sec. 29. (a) A person may not operate any motor vehicle over the
public highways for hire, unless the operations are specifically
exempt under this chapter, without first having obtained appropriate
operating authority from the department to do so, and having
otherwise complied with all other applicable provisions of this
chapter.
(b) The department or the state police department may apply to an
administrative law judge of the department or a court with
jurisdiction for an order to impound a motor vehicle that is offered
by a motor carrier to the general public for the transportation of
passengers for hire if:
(1) the motor carrier has not obtained the required authority
from the department to operate the motor vehicle for hire; and
(2) there is probable cause to believe that the motor vehicle has
been operated on an Indiana highway to transport passengers
for hire.
A hearing on an application to impound a motor vehicle under this
subsection may not be held sooner than three (3) days after the date
on which a notice of hearing on the application is served on the
motor carrier. The motor carrier may contest the application to
impound the motor vehicle at the hearing.
(c) A motor carrier that operated a motor vehicle impounded
under this section may not obtain possession of the impounded motor
vehicle unless the motor carrier obtains the required authority to
operate 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 or
permit
Sec. 30. (a) Any certificate or permit, upon application of the
holder of the certificate or permit, in the discretion of the department,
may be amended or revoked in whole or in part, or may, upon
complaint or on the department's own initiative, after notice and
hearing, be suspended, changed or revoked in whole or in part for
willful failure to comply with any provision of this chapter, or with
any lawful order or rule prescribed by the department, or with any
term, 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 or
permit should not be suspended, changed, or revoked in whole or in
part and the department, by its authorized representative, may
introduce 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 any
broker for any violation of this chapter or any rule issued thereunder
by the department. The fee for a broker's license is one hundred
dollars ($100), which shall be paid at the time the application is
made and shall be disposed of in the manner as other fees which are
collected by the department. Any license so issued to any broker
remains 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 the
transportation of passengers or household goods over the public
highways regardless of whether that transportation is interstate or
intrastate, except to the extent this chapter contravenes the
Constitution 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 transportation
of passengers or household goods must register under the unified
carrier registration system in accordance with rules adopted by the
department under IC 4-22-2 before operating a motor vehicle upon
a 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 contract
carrier regulated under this chapter shall file, and keep on file, with
the department a designation in writing of the name and postoffice
address of a citizen and resident of Indiana upon whom service of
notices or orders may be made, and upon whom process issued by or
under the authority of any court having jurisdiction of the subject
matter may be served in any proceeding at law or equity brought
against such the carrier.
(b) Service of notices or orders in proceedings under this chapter
may be made upon the carrier by personal service upon it, or upon
the 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 any
other reason personal service cannot be had upon the carrier, service
of the notice or order may be made by serving two (2) copies upon
the department. When service is had upon the department as
provided in this subsection, the department shall promptly mail one
(1) copy of the notice or order served upon him to the carrier by
registered mail at the last address shown by the records of the
department, and the date of mailing shall be considered as the time
when notice is served.
(d) When notice is given by mail as provided in this section, the
date 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 and
notice of orders
Sec. 35. In addition to the other powers conferred in this chapter
upon the department, it may designate from time to time the public
highways, as routes, over which carriers subject to this chapter may
or may not operate, and may designate the time that the vehicles may
or may not be operated public highways, so as to prevent congestion
that may affect the safety of persons or property upon the public
highways. The department may also provide for the enforcement of
its orders and the notice of the orders, if any, that shall be given to
such carriers. As added by P.L.99-1989, SEC.13.
IC 8-2.1-22-36 Temporary authority or emergency temporary authority for one
trip or occasional trips
Sec. 36. In addition to all other powers granted to the department
under this chapter, the department may issue, in accordance with its
rules, "temporary authority" or "emergency temporary authority" to
persons to whom permanent permits or certificates have been issued,
or to persons who have filed new applications for permanent permits
or certificates, and also to persons when there appears a necessity to
make 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 department
under 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 declared
national emergency and for a period of six (6) months thereafter, or
for 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 until
owner 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, or
discrimination in violation of this chapter. A person shall not, by
means 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 any
person to obtain transportation of passengers or household goods
subject to this chapter for less than the rate, fare, or charge approved
by the department. A person shall not knowingly, by any such means
or otherwise, fraudulently seek to evade or defeat regulations as in
this chapter provided for motor carriers.
(b) An operator of a motor vehicle for hire, which vehicle belongs
to or is leased by an intrastate or interstate common or contract
carrier for hire, who transports persons or household goods over the
highways without required authority issued by the department, shall
not operate the motor vehicle until the owner or lessor has secured
the required authority from the department, but the offender shall be
given an opportunity to secure the services of a certificated carrier,
having the required authority, to transport the lading on the
offender's motor vehicle to its intended destination.
(c) A person who violates this section commits a Class C
infraction. 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 this
chapter expire on December 31 of each year, and each motor vehicle
continued 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 motor
vehicles; filing and publication fees
Sec. 40. (a) All applications under this chapter for a common
carrier certificate or a contract carrier permit to operate motor
vehicles, intrastate or interstate, shall be made on forms prescribed
by the department.
(b) All applications for a common carrier certificate of public
convenience and necessity, or a contract carrier permit, to operate
motor vehicles intrastate on the public highways, which applications
require a public hearing thereon, shall be accompanied by a filing fee
of one hundred dollars ($100). Each petition for reinstatement of a
common carrier certificate of public convenience and necessity, or
a contract carrier permit, to operate motor vehicles intrastate, on the
highways of this state, shall be accompanied by a filing fee of fifty
dollars ($50).
(c) All applications for a temporary certificate of public
convenience and necessity, or for a contract carrier permit to operate
motor 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 a
common carrier certificate of public convenience and necessity, of
a common carrier certificate of authority or certificate of registration,
or of a contract carrier permit, which change of name does not
involve a change in the ownership of the operating rights of the
certificate or permit holder, shall be made by verified petition to the
department, and the applications shall be accompanied by a filing fee
of twenty-five dollars ($25).
(e) In addition to the filing fees prescribed in subsection (b), all
applications for a common carrier certificate of public convenience
and necessity, or for a contract carrier permit, to operate motor
vehicles intrastate, on the public highways, which applications
require a public hearing thereon, shall be accompanied by a
publication fee of eighty dollars ($80). Whenever any republication
is required through no fault of the department, the party responsible
therefor shall be required to pay an additional publication fee of
eighty dollars ($80) for each republication.
(f) Each petition for rehearing of an application for a common
carrier certificate of public convenience and necessity, or for a
contract carrier permit, to operate motor vehicles intrastate, on the
public highways, shall be accompanied by a filing fee of twenty-five
dollars ($25).
(g) Each application or petition for alteration or change of a
common carrier certificate of public convenience and necessity, or
a contract carrier permit, to operate motor vehicles intrastate, on the
public highways, shall be accompanied by a filing fee of fifty dollars
($50).
(h) Each application requesting permission to deviate from the
department's tariff publishing regulations shall be accompanied by a
filing 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 this
chapter 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 C
infraction. 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 the
treasurer of state through the department and deposited in the motor
carrier 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 that
augments equipment, interchanges equipment, or leases equipment,
with or without drivers, shall comply with the rules of the department
governing lease and interchange of vehicles.
(b) A person who violates this section commits a Class C
infraction. As added by P.L.99-1989, SEC.13.
