IC 8-2-18
Chapter 18. Intrastate Railroad Freight Rates
IC 8-2-18-1 Statements to patrons; offenses; civil damages
Sec. 1. (a) Every common carrier doing intrastate business within
Indiana shall, within a reasonable time, give a written statement of
the rate applicable to a described shipment between stated points in
Indiana under the schedules or tariffs of the carrier, upon written
request by a person who is a bona fide prospective shipper or
receiver of freight, or who has a bona fide interest therein, made
upon a general or local freight or station agent of the carrier.
(b) If a carrier refuses or omits to give a statement under
subsection (a) within a reasonable time, or misstates in writing the
applicable rate, and the person, firm, limited liability company, or
corporation making the request suffers harm in consequence of the
refusal, omission, or misstatement of the rate, either through making
the shipment over a line or route for which the proper rate is higher
than the rate over another available line or route or through entering
into a sale, purchase, or contract by which the person, firm, limited
liability company, or corporation is or becomes obligated to make or
receive a shipment of freight, the carrier is liable to a penalty of not
less than one hundred dollars ($100) nor more than two hundred fifty
dollars ($250), which accrues to the state.
(c) The fine under subsection (b) may be recovered, together with
reasonable attorney's fees, in a civil action by the Indiana department
of transportation.
(d) In addition to being liable to the Indiana department of
transportation, a carrier is liable to the person, firm, limited liability
company, or corporation injured for the amount of the injury,
together with six percent (6%) interest from the date of the injury
and reasonable attorney's fees.
(e) Liability under this section is not discharged by the carrier
unless the discharge is approved by the Indiana department of
transportation as being free from any attempt or purpose to evade a
law of this state.
(f) If during the course of any action upon the liability to the
person injured it appears to the satisfaction of the court or jury trying
the cause that the parties have combined or agreed to obtain or allow
any undue advantage or rebate or preference to the injured person,
upon a finding to that effect, the cause shall be dismissed and the
dismissal and finding reported by the court to the Indiana department
of transportation and to the proper prosecuting attorney having
jurisdiction. (Formerly: Acts 1911, c.184, s.1.) As amended by P.L.59-1984,
SEC.114; P.L.384-1987(ss), SEC.9; P.L.18-1990, SEC.30;
P.L.8-1993, SEC.133.
IC 8-2-18-2 Appeals
Sec. 2. Such dismissal shall be taken and deemed a final
judgment, and appeal may be taken therefrom or from any other
judgment in any such cause the same as in other civil cases. (Formerly: Acts 1911, c.184, s.2.)
IC 8-2-18-3 Penalties or forfeitures; double jeopardy
Sec. 3. No carrier making any settlement or payment upon the
approval of the said commission or pursuant to a judgment or order
of court under this chapter shall be liable for any penalty or forfeiture
or subject to any prosecution under any other law of this state on
account of the said payment or settlement. (Formerly: Acts 1911, c.184, s.3.) As amended by P.L.59-1984,
SEC.115.
IC 8-2-18-4 Submission of information
Sec. 4. The Indiana department of transportation may require from
a person, firm, limited liability company, or corporation any
information necessary to the determination of whether the
department shall give its approval to a claim under this chapter. If a
request for information is refused by the injured person, the
department may decline the claim, and the claim shall not be sued
upon thereafter. If the information is refused, a request for
information evaded, or the search for information by the department
be made difficult by the carrier, the department shall endorse the fact
on the claim and the endorsement shall support any action as if
approved by the department. (Formerly: Acts 1911, c.184, s.4.) As amended by P.L.384-1987(ss),
SEC.10; P.L.18-1990, SEC.31; P.L.8-1993, SEC.134.
IC 8-2-18
Chapter 18. Intrastate Railroad Freight Rates
IC 8-2-18-1 Statements to patrons; offenses; civil damages
Sec. 1. (a) Every common carrier doing intrastate business within
Indiana shall, within a reasonable time, give a written statement of
the rate applicable to a described shipment between stated points in
Indiana under the schedules or tariffs of the carrier, upon written
request by a person who is a bona fide prospective shipper or
receiver of freight, or who has a bona fide interest therein, made
upon a general or local freight or station agent of the carrier.
(b) If a carrier refuses or omits to give a statement under
subsection (a) within a reasonable time, or misstates in writing the
applicable rate, and the person, firm, limited liability company, or
corporation making the request suffers harm in consequence of the
refusal, omission, or misstatement of the rate, either through making
the shipment over a line or route for which the proper rate is higher
than the rate over another available line or route or through entering
into a sale, purchase, or contract by which the person, firm, limited
liability company, or corporation is or becomes obligated to make or
receive a shipment of freight, the carrier is liable to a penalty of not
less than one hundred dollars ($100) nor more than two hundred fifty
dollars ($250), which accrues to the state.
(c) The fine under subsection (b) may be recovered, together with
reasonable attorney's fees, in a civil action by the Indiana department
of transportation.
(d) In addition to being liable to the Indiana department of
transportation, a carrier is liable to the person, firm, limited liability
company, or corporation injured for the amount of the injury,
together with six percent (6%) interest from the date of the injury
and reasonable attorney's fees.
(e) Liability under this section is not discharged by the carrier
unless the discharge is approved by the Indiana department of
transportation as being free from any attempt or purpose to evade a
law of this state.
(f) If during the course of any action upon the liability to the
person injured it appears to the satisfaction of the court or jury trying
the cause that the parties have combined or agreed to obtain or allow
any undue advantage or rebate or preference to the injured person,
upon a finding to that effect, the cause shall be dismissed and the
dismissal and finding reported by the court to the Indiana department
of transportation and to the proper prosecuting attorney having
jurisdiction. (Formerly: Acts 1911, c.184, s.1.) As amended by P.L.59-1984,
SEC.114; P.L.384-1987(ss), SEC.9; P.L.18-1990, SEC.30;
P.L.8-1993, SEC.133.
IC 8-2-18-2 Appeals
Sec. 2. Such dismissal shall be taken and deemed a final
judgment, and appeal may be taken therefrom or from any other
judgment in any such cause the same as in other civil cases. (Formerly: Acts 1911, c.184, s.2.)
IC 8-2-18-3 Penalties or forfeitures; double jeopardy
Sec. 3. No carrier making any settlement or payment upon the
approval of the said commission or pursuant to a judgment or order
of court under this chapter shall be liable for any penalty or forfeiture
or subject to any prosecution under any other law of this state on
account of the said payment or settlement. (Formerly: Acts 1911, c.184, s.3.) As amended by P.L.59-1984,
SEC.115.
IC 8-2-18-4 Submission of information
Sec. 4. The Indiana department of transportation may require from
a person, firm, limited liability company, or corporation any
information necessary to the determination of whether the
department shall give its approval to a claim under this chapter. If a
request for information is refused by the injured person, the
department may decline the claim, and the claim shall not be sued
upon thereafter. If the information is refused, a request for
information evaded, or the search for information by the department
be made difficult by the carrier, the department shall endorse the fact
on the claim and the endorsement shall support any action as if
approved by the department. (Formerly: Acts 1911, c.184, s.4.) As amended by P.L.384-1987(ss),
SEC.10; P.L.18-1990, SEC.31; P.L.8-1993, SEC.134.
IC 8-2-18
Chapter 18. Intrastate Railroad Freight Rates
IC 8-2-18-1 Statements to patrons; offenses; civil damages
Sec. 1. (a) Every common carrier doing intrastate business within
Indiana shall, within a reasonable time, give a written statement of
the rate applicable to a described shipment between stated points in
Indiana under the schedules or tariffs of the carrier, upon written
request by a person who is a bona fide prospective shipper or
receiver of freight, or who has a bona fide interest therein, made
upon a general or local freight or station agent of the carrier.
(b) If a carrier refuses or omits to give a statement under
subsection (a) within a reasonable time, or misstates in writing the
applicable rate, and the person, firm, limited liability company, or
corporation making the request suffers harm in consequence of the
refusal, omission, or misstatement of the rate, either through making
the shipment over a line or route for which the proper rate is higher
than the rate over another available line or route or through entering
into a sale, purchase, or contract by which the person, firm, limited
liability company, or corporation is or becomes obligated to make or
receive a shipment of freight, the carrier is liable to a penalty of not
less than one hundred dollars ($100) nor more than two hundred fifty
dollars ($250), which accrues to the state.
(c) The fine under subsection (b) may be recovered, together with
reasonable attorney's fees, in a civil action by the Indiana department
of transportation.
(d) In addition to being liable to the Indiana department of
transportation, a carrier is liable to the person, firm, limited liability
company, or corporation injured for the amount of the injury,
together with six percent (6%) interest from the date of the injury
and reasonable attorney's fees.
(e) Liability under this section is not discharged by the carrier
unless the discharge is approved by the Indiana department of
transportation as being free from any attempt or purpose to evade a
law of this state.
(f) If during the course of any action upon the liability to the
person injured it appears to the satisfaction of the court or jury trying
the cause that the parties have combined or agreed to obtain or allow
any undue advantage or rebate or preference to the injured person,
upon a finding to that effect, the cause shall be dismissed and the
dismissal and finding reported by the court to the Indiana department
of transportation and to the proper prosecuting attorney having
jurisdiction. (Formerly: Acts 1911, c.184, s.1.) As amended by P.L.59-1984,
SEC.114; P.L.384-1987(ss), SEC.9; P.L.18-1990, SEC.30;
P.L.8-1993, SEC.133.
IC 8-2-18-2 Appeals
Sec. 2. Such dismissal shall be taken and deemed a final
judgment, and appeal may be taken therefrom or from any other
judgment in any such cause the same as in other civil cases. (Formerly: Acts 1911, c.184, s.2.)
IC 8-2-18-3 Penalties or forfeitures; double jeopardy
Sec. 3. No carrier making any settlement or payment upon the
approval of the said commission or pursuant to a judgment or order
of court under this chapter shall be liable for any penalty or forfeiture
or subject to any prosecution under any other law of this state on
account of the said payment or settlement. (Formerly: Acts 1911, c.184, s.3.) As amended by P.L.59-1984,
SEC.115.
IC 8-2-18-4 Submission of information
Sec. 4. The Indiana department of transportation may require from
a person, firm, limited liability company, or corporation any
information necessary to the determination of whether the
department shall give its approval to a claim under this chapter. If a
request for information is refused by the injured person, the
department may decline the claim, and the claim shall not be sued
upon thereafter. If the information is refused, a request for
information evaded, or the search for information by the department
be made difficult by the carrier, the department shall endorse the fact
on the claim and the endorsement shall support any action as if
approved by the department. (Formerly: Acts 1911, c.184, s.4.) As amended by P.L.384-1987(ss),
SEC.10; P.L.18-1990, SEC.31; P.L.8-1993, SEC.134.
