IC 8-3-2
Chapter 2. Operation of Freight Railroads
IC 8-3-2-1 Freight carriers; law governing
Sec. 1. The provisions of the chapter shall apply to all such
corporations, foreign or domestic, and to the receivers and lessees
thereof as shall be engaged in the business of a common carrier of
freight in carload lots or less, for hire, on railroads between points
within this state. The provisions of this chapter shall also apply to all
carriers engaged in the performance of transfer or switching service
on and over any terminal, transfer, belt, or switching railroad in this
state; provided, that the provisions of this chapter shall not be so
applied as to regulate or control interstate commerce, or to in any
manner affect or regulate the charges imposed therefor. It is further
provided that the provisions of this chapter shall not apply to any
carrier or carriers within this state whose income from freight
business does not equal thirty-three and one-third percent (33 1/3%)
of their gross revenue. (Formerly: Acts 1907, c.231, s.1.) As amended by P.L.62-1984,
SEC.13.
IC 8-3-2-2 Freight cars or locomotives; duty to provide and maintain
Sec. 2. All carriers subject to the provisions of this chapter are
required to provide and to maintain in serviceable condition the
number of suitable and substantial freight cars necessary to promptly
supply the demands on their respective lines in this state for the
prompt and expeditious shipment of all freight in carload lots. All
such carriers are also required to provide and maintain in serviceable
condition the number of suitable and substantial locomotives and
other appliances and facilities necessary to promptly and
expeditiously transport from point of origin to destination in this
state all freight in carload lots which shall originate on their
respective lines in this state and be tendered for transportation. (Formerly: Acts 1907, c.231, s.2.) As amended by P.L.62-1984,
SEC.14.
IC 8-3-2-3 Freight movements; time limit
Sec. 3. All carriers subject to the provisions of this chapter are
required, when any carload freight has been properly loaded and
proper shipping instructions have been delivered, to move the same
forward to destination, if on its line, or to the point of junction with
the connecting carrier named in the shipping directions, not less than
average of fifty (50) miles every twenty-four (24) hours, Sundays and
legal holidays excepted; provided, that twenty-four (24) hours shall
be allowed for movements through the terminals at point of origin
and for passing through any transfer or terminal en route. Every such
carrier shall receive from its connecting lines, at junction points, or
at point of interchange agreed upon between them, all carload freight
tendered there for forwarding on its lines and shall move the same
forward to destination, or to the connecting carrier named in the
shipping directions an average of not less than fifty (50) miles every
twenty-four (24) hours, Sundays and legal holidays excepted;
provided, that twenty-four (24) hours shall be allowed for the
movement through the terminal at point of origin and for passing
through any transfer or terminal en route. In case any such carrier
shall fail, unless prevented by wrecks or strikes or accident to tracks,
to forward carload shipments as provided in this section, then every
such carrier shall forfeit and pay to the consignee of such freight the
sum of five dollars ($5) per car for each twenty-four (24) hours or
major part thereof that the same has not been moved forward as
required by this section, and the sum due on account of any such
forfeiture may be deducted from the freight charges following any
such shipment. All shipments of freight in less than carload lots shall
be moved by the carrier at the same rate of speed as required by this
section for freight in carload lots, except that forty-eight (48) hours
shall be allowed for getting out of terminal at point of origin, and for
passing through any terminal or transfer en route. The penalty for
failure to so move shipments of freight in less than carload lots shall
be an amount equal to twenty-five percent (25%) of the freight
charged on such shipment for every day's delay or fraction of a day. (Formerly: Acts 1907, c.231, s.3.) As amended by P.L.62-1984,
SEC.15.
IC 8-3-2-4 Consignee; time for freight delivery; forfeitures
Sec. 4. All carriers subject to the provisions of this chapter shall
deliver to a consignee on a private track, a track used by the
consignee for loading or unloading, or on their public delivery track,
and receive from a connecting carrier, at any terminal point in this
state, for the purpose of delivery to points located on its line at the
terminal or points reached over or through its line at the terminal, all
carload freight tendered it by a connecting line, and shall deliver the
same to the consignee on a private track, or on its tracks, or to the
connecting line on its tracks at the terminal, within twenty-four (24)
hours after the freight is tendered. If a carrier fails to deliver a car, it
shall pay to the consignee the sum of five dollars ($5) for each
twenty-four (24) hours or major part thereof that it fails to make
delivery as required by this section. Wrecks, strikes, or accidents to
tracks are a sufficient excuse for failure to make delivery. The sum
due because of a forfeiture may be deducted from the freight charges
following a shipment. The Indiana department of transportation, after
a full hearing of all parties interested, may relieve a carrier from
switching carload freight at terminal points which is to be delivered
upon its public delivery tracks at a terminal when it appears that the
facilities of the carrier at the point are only sufficient to care for the
business originating and terminating on its line at the point. Each
carrier may impose and collect a reasonable transportation charge for
the performance of the service required by this section. (Formerly: Acts 1907, c.231, s.4.) As amended by P.L.62-1984,
SEC.16; P.L.384-1987(ss), SEC.34; P.L.18-1990, SEC.42.
IC 8-3-2-5 Freight and coal cars; duty to provide; shipment of livestock and
perishable property; preference
Sec. 5. Every carrier subject to this chapter shall furnish to all
parties who apply therefor, as provided in this chapter, suitable cars
for the transportation of all kinds of freight in carload lots. If the car
equipment of the carrier is not adequate to supply the whole number
of cars demanded by applicants for immediate use, then the carrier
shall distribute its available equipment between the applicants in
proportion to their respective requirements for immediate use, and
the distribution shall be made without discrimination between
shippers or between competitive and noncompetitive points, subject
to the rules of the Indiana department of transportation. Preference
shall be given to the shipment of livestock and perishable property,
and in all cases where any coal mine or mines are under contract to
furnish all or any part of their product to the state for the use of all
or any of the buildings or public institutions of the state, the
department may, by order, require any carrier serving the mine or
mines to supply empty coal cars to the mine or mines for delivery
only of coal within Indiana up to one hundred percent (100%) of the
cars necessary to fill the daily order contracted by the mine with the
state for the use of state buildings or institutions. A carrier serving a
coal mine or mines shall comply with the order. Reconsignment of
shipments of coal are unlawful unless authorized by the Indiana
department of transportation. (Formerly: Acts 1907, c.231, s.5; Acts 1920(2ss), c.15, s.1.) As
amended by P.L.62-1984, SEC.17; P.L.384-1987(ss), SEC.35;
P.L.18-1990, SEC.43.
IC 8-3-2-6 Carload freight shipments; billings; records; freight cars requested
and furnished
Sec. 6. Each carrier subject to this chapter shall provide and
permanently keep at each billing station on its line in Indiana where
it handles carload shipments a substantially bound book, which shall
be in the form prescribed by the Indiana department of
transportation, suitable for permanently recording and preserving the
information required by this section and other information as the
department may prescribe concerning the subject matter of this
chapter. Any applicant for cars for use at a station shall record in the
book the date of application showing the number and kind of cars
required, when required, for what kind of loading, the point of
destination, and other information as the department prescribes. If it
is not practical or possible for the applicant to apply in person, then
application may be made in writing or by wire, and if made in
writing or by wire, then one (1) authentic copy shall be furnished the
local agent for filing in the local agent's office, which copy shall
constitute a part of the lawful record. Each carrier shall furnish to the
applicant, in not less than forty-eight (48) hours after 6 p.m. of the
day of filing such application, the cars so required, unless the cars
are not so soon required, in which case they shall be furnished when
required. The carrier's agent at every station shall record in the book
the date the cars were furnished and billed out, and other information
as the department may prescribe in the form for the record, and every
record, or a properly authenticated copy, shall be competent evidence
in all the courts of this state and before the department concerning
the matters required to be recorded therein. A carrier shall not be
required to furnish cars for shipment unless applied for under this
section. The distribution and delivery of coal cars to coal mines on
carriers' lines in this state are not controlled by this section. (Formerly: Acts 1907, c.231, s.6.) As amended by P.L.62-1984,
SEC.18; P.L.384-1987(ss), SEC.36; P.L.18-1990, SEC.44.
IC 8-3-2-7 Records; freight cars requested and furnished; violations
Sec. 7. It is a Class C infraction for a person to make any false
entry in the record provided for in section 6 of this chapter, or to
alter, change, or mutilate any entry therein made, without notice to
and with the consent of the other party interested therein. It is a Class
C infraction for a person to record in such a record a demand for cars
not required, or for more cars than are required, or to duplicate any
demand for cars previously ordered and not then furnished. (Formerly: Acts 1907, c.231, s.7.) As amended by Acts 1978, P.L.2,
SEC.822.
IC 8-3-2-8 Freight cars; delay in furnishing; forfeiture
Sec. 8. Every carrier subject to the provisions of this chapter
which shall fail and neglect to furnish cars to applicants in
accordance with the application therefor, and as provided in section
6 of this chapter, shall forfeit and pay to the applicant the sum of one
dollar ($1) for each car for each twenty-four (24) hours, or the major
part thereof, that the delivery of the same shall be delayed beyond the
date when the cars were required to be furnished; provided, that such
forfeiture shall not accrue if the carrier shall show to the satisfaction
of the court or jury trying the cause that it did not have the cars in its
control at the time they were required for delivery, and that, for a
reasonable time prior to the failure and at the time of the failure, it
had made and then made a bona fide and reasonable effort to supply
its line with the necessary car equipment to care for the traffic then
on its line and such future traffic as it could reasonably anticipate
would be offered for shipment. (Formerly: Acts 1907, c.231, s.8.) As amended by P.L.62-1984,
SEC.19.
IC 8-3-2-9 Coal cars; duty to furnish
Sec. 9. At the request of a carrier, coal mine operator, or other
interested party, the Indiana department of transportation, after five
(5) days notice to the interested carrier and the coal mine operators
on the carrier's line and a full hearing, shall adopt rules for the
distribution by the carrier of empty coal cars to the coal mines on the
line of the carrier. The rules adopted by the department may not
conflict with the provisions of section 5 of this chapter. The
department shall prescribe the manner in which the cars shall be
applied for, the manner in which the capacity and output of the mines
shall be ascertained, and the manner in which empty cars shall be
distributed and delivered. The department shall adopt other rules
concerning the subject as are necessary to secure a fair and equitable
distribution of cars without discrimination, so that each mine, in case
of car shortage, shall be secured the maximum amount of working
time to which it is entitled, after taking into consideration the
capacity and output and the shipping orders of all the mines and the
available equipment on the line for use in their operation. If
conditions are the same, the department may adopt the same rules for
all carriers having coal mines on their lines, or different rules for
different lines, as the differing conditions may require. The rules
shall go into effect upon the date fixed by the department and shall
be observed by the carriers and all other persons until set aside or
modified by the department. The department may, at any time, upon
application by an interested party, modify or set aside the rules and
adopt other rules as required. Any party interested in such rules may
file a civil suit against the department in any court of competent
jurisdiction to set aside or annul a rule adopted by the department. (Formerly: Acts 1907, c.231, s.9.) As amended by P.L.62-1984,
SEC.20; P.L.384-1987(ss), SEC.37; P.L.18-1990, SEC.45.
IC 8-3-2-10 Coal cars; failure to furnish; forfeiture
Sec. 10. A carrier that fails, neglects, or refuses to deliver to a
coal mine operator on its line empty coal cars for use at the mine in
accordance with this chapter and the rules of the Indiana department
of transportation adopted under this chapter shall forfeit to the coal
mine operator the sum of two dollars ($2) per day for each car for
each day, or major part thereof, that the car remains undelivered. (Formerly: Acts 1907, c.231, s.10.) As amended by P.L.62-1984,
SEC.21; P.L.384-1987(ss), SEC.38; P.L.18-1990, SEC.46.
IC 8-3-2-11 Coal in transit; confiscation by carrier
Sec. 11. When for any reason coal in transit is confiscated by the
carrier, immediate notice shall be given both consignor and
consignee of such confiscation, and any carrier failing or refusing to
give such immediate notice shall, on settlement, pay fifty cents (50
cents) per ton over and above contract-price to consignee for such
coal confiscated.
(Formerly: Acts 1907, c.231, s.11.)
IC 8-3-2-12 Forfeiture and damages; delay in transportation or failure to
furnish freight cars
Sec. 12. The forfeiture accruing under this chapter may be
collected in any court of competent jurisdiction in any county in this
state into which the carrier operates, and in case the plaintiff
recovers, the court or jury trying the cause shall allow the plaintiff a
reasonable sum for his attorney's fees. The accruing and collection
of any such forfeiture shall not preclude any such party from
collecting actual damages in excess thereof which he shall have
sustained on account of any such delay in transportation or failure to
furnish cars as required by this chapter. (Formerly: Acts 1907, c.231, s.12.) As amended by P.L.62-1984,
SEC.22.
IC 8-3-2-13
Repealed
(Repealed by P.L.384-1987(ss), SEC.95.)
IC 8-3-2-14 Actions and proceedings to enforce railroad law
Sec. 14. The Indiana department of transportation may inquire
into the management and business of carriers as regulated by this
chapter and shall keep informed as to the manner and method in
which the management is conducted. The department may obtain
from the carriers, and their agents, officers, and employees full and
complete information to enable it to perform its duties under this
chapter. The department shall execute and enforce this chapter and
for that purpose may, with the approval of the governor, employ and
pay special counsel and other persons to assist it. The department
may sue in its name in all the courts of Indiana and prosecute all
necessary and appropriate actions at law or suits in equity for the
purpose of securing the observance and enforcement of this chapter.
If the department, in an action, is entitled to a temporary restraining
order or injunction, pending final hearing, the court shall grant the
order or injunction with all reasonable dispatch and without requiring
bond or surety from the department. All state statutes, concerning
examinations by the department of books and papers, and the
production thereof, and the attendance of examination of witnesses
in any investigation held by the department, regulate the proceedings
of the department in any investigations held by it under this chapter. (Formerly: Acts 1907, c.231, s.14.) As amended by P.L.62-1984,
SEC.24; P.L.384-1987(ss), SEC.39; P.L.18-1990, SEC.47.
IC 8-3-2-15 Temporary and emergency rates, routes, and regulations;
receivership
Sec. 15. If a carrier fails to provide the equipment, motive power,
and other facilities necessary to properly receive and care for the
business on their lines, as required by this chapter, or fails to perform
the duties enjoined upon it by this chapter, and because of the failure
considerable traffic on its line is refused or not promptly moved as
required by this chapter, resulting in material injury to the citizens of
a community in Indiana, or the industries or commerce of Indiana,
then the Indiana department of transportation, after five (5) days
notice to the carrier interested and a hearing, shall adopt temporary
emergency rates, establish temporary emergency routes of shipment,
and adopt temporary emergency rules concerning the movement of
traffic as are necessary to correct the existing conditions and may
issue orders suspending certain traffic in favor of other traffics for
the purpose of preventing existing or threatened public calamity or
distress. The carrier shall promptly comply with all orders of the
department, and, upon its failure so to do, the department shall apply
to a court of competent jurisdiction for the appointment of an
operating receiver to enforce the orders and rules adopted by the
department and may also apply to a court for the appointment of a
receiver for a carrier to enforce a provision or requirement of this
chapter which the offending carrier has failed to observe. In the
proceeding, the court may operate a carrier through its receiver,
enforce orders made by the department concerning the carrier as
approved by the court, and continue so to do so long as is necessary.
The court may order its receiver to purchase the equipment and
motive power, and supply other appliances and facilities as may be
necessary to properly transact the carrier's present and prospective
business in Indiana as required by this chapter. The court may
authorize its receiver to issue and sell receiver's certificates for the
purpose of obtaining funds for the uses specified in this chapter or to
issue certificates of indebtedness to pay for expenditures authorized
by this chapter. The court may declare certificates authorized under
this chapter to be the first and prior lien upon the property and
income of the carrier in the manner and upon the terms as the court
shall decree. (Formerly: Acts 1907, c.231, s.15.) As amended by P.L.62-1984,
SEC.25; P.L.384-1987(ss), SEC.40; P.L.18-1990, SEC.48.
IC 8-3-2-16 Partial invalidity of law
Sec. 16. In case any of the provisions of this chapter shall be held
invalid, such fact shall not operate to make invalid any other portion
of the chapter, and the portions of this chapter not adjudged to be
invalid shall be observed and enforced the same as though the invalid
portion had not been enacted. (Formerly: Acts 1907, c.231, s.16.) As amended by P.L.62-1984,
SEC.26.
IC 8-3-2
Chapter 2. Operation of Freight Railroads
IC 8-3-2-1 Freight carriers; law governing
Sec. 1. The provisions of the chapter shall apply to all such
corporations, foreign or domestic, and to the receivers and lessees
thereof as shall be engaged in the business of a common carrier of
freight in carload lots or less, for hire, on railroads between points
within this state. The provisions of this chapter shall also apply to all
carriers engaged in the performance of transfer or switching service
on and over any terminal, transfer, belt, or switching railroad in this
state; provided, that the provisions of this chapter shall not be so
applied as to regulate or control interstate commerce, or to in any
manner affect or regulate the charges imposed therefor. It is further
provided that the provisions of this chapter shall not apply to any
carrier or carriers within this state whose income from freight
business does not equal thirty-three and one-third percent (33 1/3%)
of their gross revenue. (Formerly: Acts 1907, c.231, s.1.) As amended by P.L.62-1984,
SEC.13.
IC 8-3-2-2 Freight cars or locomotives; duty to provide and maintain
Sec. 2. All carriers subject to the provisions of this chapter are
required to provide and to maintain in serviceable condition the
number of suitable and substantial freight cars necessary to promptly
supply the demands on their respective lines in this state for the
prompt and expeditious shipment of all freight in carload lots. All
such carriers are also required to provide and maintain in serviceable
condition the number of suitable and substantial locomotives and
other appliances and facilities necessary to promptly and
expeditiously transport from point of origin to destination in this
state all freight in carload lots which shall originate on their
respective lines in this state and be tendered for transportation. (Formerly: Acts 1907, c.231, s.2.) As amended by P.L.62-1984,
SEC.14.
IC 8-3-2-3 Freight movements; time limit
Sec. 3. All carriers subject to the provisions of this chapter are
required, when any carload freight has been properly loaded and
proper shipping instructions have been delivered, to move the same
forward to destination, if on its line, or to the point of junction with
the connecting carrier named in the shipping directions, not less than
average of fifty (50) miles every twenty-four (24) hours, Sundays and
legal holidays excepted; provided, that twenty-four (24) hours shall
be allowed for movements through the terminals at point of origin
and for passing through any transfer or terminal en route. Every such
carrier shall receive from its connecting lines, at junction points, or
at point of interchange agreed upon between them, all carload freight
tendered there for forwarding on its lines and shall move the same
forward to destination, or to the connecting carrier named in the
shipping directions an average of not less than fifty (50) miles every
twenty-four (24) hours, Sundays and legal holidays excepted;
provided, that twenty-four (24) hours shall be allowed for the
movement through the terminal at point of origin and for passing
through any transfer or terminal en route. In case any such carrier
shall fail, unless prevented by wrecks or strikes or accident to tracks,
to forward carload shipments as provided in this section, then every
such carrier shall forfeit and pay to the consignee of such freight the
sum of five dollars ($5) per car for each twenty-four (24) hours or
major part thereof that the same has not been moved forward as
required by this section, and the sum due on account of any such
forfeiture may be deducted from the freight charges following any
such shipment. All shipments of freight in less than carload lots shall
be moved by the carrier at the same rate of speed as required by this
section for freight in carload lots, except that forty-eight (48) hours
shall be allowed for getting out of terminal at point of origin, and for
passing through any terminal or transfer en route. The penalty for
failure to so move shipments of freight in less than carload lots shall
be an amount equal to twenty-five percent (25%) of the freight
charged on such shipment for every day's delay or fraction of a day. (Formerly: Acts 1907, c.231, s.3.) As amended by P.L.62-1984,
SEC.15.
IC 8-3-2-4 Consignee; time for freight delivery; forfeitures
Sec. 4. All carriers subject to the provisions of this chapter shall
deliver to a consignee on a private track, a track used by the
consignee for loading or unloading, or on their public delivery track,
and receive from a connecting carrier, at any terminal point in this
state, for the purpose of delivery to points located on its line at the
terminal or points reached over or through its line at the terminal, all
carload freight tendered it by a connecting line, and shall deliver the
same to the consignee on a private track, or on its tracks, or to the
connecting line on its tracks at the terminal, within twenty-four (24)
hours after the freight is tendered. If a carrier fails to deliver a car, it
shall pay to the consignee the sum of five dollars ($5) for each
twenty-four (24) hours or major part thereof that it fails to make
delivery as required by this section. Wrecks, strikes, or accidents to
tracks are a sufficient excuse for failure to make delivery. The sum
due because of a forfeiture may be deducted from the freight charges
following a shipment. The Indiana department of transportation, after
a full hearing of all parties interested, may relieve a carrier from
switching carload freight at terminal points which is to be delivered
upon its public delivery tracks at a terminal when it appears that the
facilities of the carrier at the point are only sufficient to care for the
business originating and terminating on its line at the point. Each
carrier may impose and collect a reasonable transportation charge for
the performance of the service required by this section. (Formerly: Acts 1907, c.231, s.4.) As amended by P.L.62-1984,
SEC.16; P.L.384-1987(ss), SEC.34; P.L.18-1990, SEC.42.
IC 8-3-2-5 Freight and coal cars; duty to provide; shipment of livestock and
perishable property; preference
Sec. 5. Every carrier subject to this chapter shall furnish to all
parties who apply therefor, as provided in this chapter, suitable cars
for the transportation of all kinds of freight in carload lots. If the car
equipment of the carrier is not adequate to supply the whole number
of cars demanded by applicants for immediate use, then the carrier
shall distribute its available equipment between the applicants in
proportion to their respective requirements for immediate use, and
the distribution shall be made without discrimination between
shippers or between competitive and noncompetitive points, subject
to the rules of the Indiana department of transportation. Preference
shall be given to the shipment of livestock and perishable property,
and in all cases where any coal mine or mines are under contract to
furnish all or any part of their product to the state for the use of all
or any of the buildings or public institutions of the state, the
department may, by order, require any carrier serving the mine or
mines to supply empty coal cars to the mine or mines for delivery
only of coal within Indiana up to one hundred percent (100%) of the
cars necessary to fill the daily order contracted by the mine with the
state for the use of state buildings or institutions. A carrier serving a
coal mine or mines shall comply with the order. Reconsignment of
shipments of coal are unlawful unless authorized by the Indiana
department of transportation. (Formerly: Acts 1907, c.231, s.5; Acts 1920(2ss), c.15, s.1.) As
amended by P.L.62-1984, SEC.17; P.L.384-1987(ss), SEC.35;
P.L.18-1990, SEC.43.
IC 8-3-2-6 Carload freight shipments; billings; records; freight cars requested
and furnished
Sec. 6. Each carrier subject to this chapter shall provide and
permanently keep at each billing station on its line in Indiana where
it handles carload shipments a substantially bound book, which shall
be in the form prescribed by the Indiana department of
transportation, suitable for permanently recording and preserving the
information required by this section and other information as the
department may prescribe concerning the subject matter of this
chapter. Any applicant for cars for use at a station shall record in the
book the date of application showing the number and kind of cars
required, when required, for what kind of loading, the point of
destination, and other information as the department prescribes. If it
is not practical or possible for the applicant to apply in person, then
application may be made in writing or by wire, and if made in
writing or by wire, then one (1) authentic copy shall be furnished the
local agent for filing in the local agent's office, which copy shall
constitute a part of the lawful record. Each carrier shall furnish to the
applicant, in not less than forty-eight (48) hours after 6 p.m. of the
day of filing such application, the cars so required, unless the cars
are not so soon required, in which case they shall be furnished when
required. The carrier's agent at every station shall record in the book
the date the cars were furnished and billed out, and other information
as the department may prescribe in the form for the record, and every
record, or a properly authenticated copy, shall be competent evidence
in all the courts of this state and before the department concerning
the matters required to be recorded therein. A carrier shall not be
required to furnish cars for shipment unless applied for under this
section. The distribution and delivery of coal cars to coal mines on
carriers' lines in this state are not controlled by this section. (Formerly: Acts 1907, c.231, s.6.) As amended by P.L.62-1984,
SEC.18; P.L.384-1987(ss), SEC.36; P.L.18-1990, SEC.44.
IC 8-3-2-7 Records; freight cars requested and furnished; violations
Sec. 7. It is a Class C infraction for a person to make any false
entry in the record provided for in section 6 of this chapter, or to
alter, change, or mutilate any entry therein made, without notice to
and with the consent of the other party interested therein. It is a Class
C infraction for a person to record in such a record a demand for cars
not required, or for more cars than are required, or to duplicate any
demand for cars previously ordered and not then furnished. (Formerly: Acts 1907, c.231, s.7.) As amended by Acts 1978, P.L.2,
SEC.822.
IC 8-3-2-8 Freight cars; delay in furnishing; forfeiture
Sec. 8. Every carrier subject to the provisions of this chapter
which shall fail and neglect to furnish cars to applicants in
accordance with the application therefor, and as provided in section
6 of this chapter, shall forfeit and pay to the applicant the sum of one
dollar ($1) for each car for each twenty-four (24) hours, or the major
part thereof, that the delivery of the same shall be delayed beyond the
date when the cars were required to be furnished; provided, that such
forfeiture shall not accrue if the carrier shall show to the satisfaction
of the court or jury trying the cause that it did not have the cars in its
control at the time they were required for delivery, and that, for a
reasonable time prior to the failure and at the time of the failure, it
had made and then made a bona fide and reasonable effort to supply
its line with the necessary car equipment to care for the traffic then
on its line and such future traffic as it could reasonably anticipate
would be offered for shipment. (Formerly: Acts 1907, c.231, s.8.) As amended by P.L.62-1984,
SEC.19.
IC 8-3-2-9 Coal cars; duty to furnish
Sec. 9. At the request of a carrier, coal mine operator, or other
interested party, the Indiana department of transportation, after five
(5) days notice to the interested carrier and the coal mine operators
on the carrier's line and a full hearing, shall adopt rules for the
distribution by the carrier of empty coal cars to the coal mines on the
line of the carrier. The rules adopted by the department may not
conflict with the provisions of section 5 of this chapter. The
department shall prescribe the manner in which the cars shall be
applied for, the manner in which the capacity and output of the mines
shall be ascertained, and the manner in which empty cars shall be
distributed and delivered. The department shall adopt other rules
concerning the subject as are necessary to secure a fair and equitable
distribution of cars without discrimination, so that each mine, in case
of car shortage, shall be secured the maximum amount of working
time to which it is entitled, after taking into consideration the
capacity and output and the shipping orders of all the mines and the
available equipment on the line for use in their operation. If
conditions are the same, the department may adopt the same rules for
all carriers having coal mines on their lines, or different rules for
different lines, as the differing conditions may require. The rules
shall go into effect upon the date fixed by the department and shall
be observed by the carriers and all other persons until set aside or
modified by the department. The department may, at any time, upon
application by an interested party, modify or set aside the rules and
adopt other rules as required. Any party interested in such rules may
file a civil suit against the department in any court of competent
jurisdiction to set aside or annul a rule adopted by the department. (Formerly: Acts 1907, c.231, s.9.) As amended by P.L.62-1984,
SEC.20; P.L.384-1987(ss), SEC.37; P.L.18-1990, SEC.45.
IC 8-3-2-10 Coal cars; failure to furnish; forfeiture
Sec. 10. A carrier that fails, neglects, or refuses to deliver to a
coal mine operator on its line empty coal cars for use at the mine in
accordance with this chapter and the rules of the Indiana department
of transportation adopted under this chapter shall forfeit to the coal
mine operator the sum of two dollars ($2) per day for each car for
each day, or major part thereof, that the car remains undelivered. (Formerly: Acts 1907, c.231, s.10.) As amended by P.L.62-1984,
SEC.21; P.L.384-1987(ss), SEC.38; P.L.18-1990, SEC.46.
IC 8-3-2-11 Coal in transit; confiscation by carrier
Sec. 11. When for any reason coal in transit is confiscated by the
carrier, immediate notice shall be given both consignor and
consignee of such confiscation, and any carrier failing or refusing to
give such immediate notice shall, on settlement, pay fifty cents (50
cents) per ton over and above contract-price to consignee for such
coal confiscated.
(Formerly: Acts 1907, c.231, s.11.)
IC 8-3-2-12 Forfeiture and damages; delay in transportation or failure to
furnish freight cars
Sec. 12. The forfeiture accruing under this chapter may be
collected in any court of competent jurisdiction in any county in this
state into which the carrier operates, and in case the plaintiff
recovers, the court or jury trying the cause shall allow the plaintiff a
reasonable sum for his attorney's fees. The accruing and collection
of any such forfeiture shall not preclude any such party from
collecting actual damages in excess thereof which he shall have
sustained on account of any such delay in transportation or failure to
furnish cars as required by this chapter. (Formerly: Acts 1907, c.231, s.12.) As amended by P.L.62-1984,
SEC.22.
IC 8-3-2-13
Repealed
(Repealed by P.L.384-1987(ss), SEC.95.)
IC 8-3-2-14 Actions and proceedings to enforce railroad law
Sec. 14. The Indiana department of transportation may inquire
into the management and business of carriers as regulated by this
chapter and shall keep informed as to the manner and method in
which the management is conducted. The department may obtain
from the carriers, and their agents, officers, and employees full and
complete information to enable it to perform its duties under this
chapter. The department shall execute and enforce this chapter and
for that purpose may, with the approval of the governor, employ and
pay special counsel and other persons to assist it. The department
may sue in its name in all the courts of Indiana and prosecute all
necessary and appropriate actions at law or suits in equity for the
purpose of securing the observance and enforcement of this chapter.
If the department, in an action, is entitled to a temporary restraining
order or injunction, pending final hearing, the court shall grant the
order or injunction with all reasonable dispatch and without requiring
bond or surety from the department. All state statutes, concerning
examinations by the department of books and papers, and the
production thereof, and the attendance of examination of witnesses
in any investigation held by the department, regulate the proceedings
of the department in any investigations held by it under this chapter. (Formerly: Acts 1907, c.231, s.14.) As amended by P.L.62-1984,
SEC.24; P.L.384-1987(ss), SEC.39; P.L.18-1990, SEC.47.
IC 8-3-2-15 Temporary and emergency rates, routes, and regulations;
receivership
Sec. 15. If a carrier fails to provide the equipment, motive power,
and other facilities necessary to properly receive and care for the
business on their lines, as required by this chapter, or fails to perform
the duties enjoined upon it by this chapter, and because of the failure
considerable traffic on its line is refused or not promptly moved as
required by this chapter, resulting in material injury to the citizens of
a community in Indiana, or the industries or commerce of Indiana,
then the Indiana department of transportation, after five (5) days
notice to the carrier interested and a hearing, shall adopt temporary
emergency rates, establish temporary emergency routes of shipment,
and adopt temporary emergency rules concerning the movement of
traffic as are necessary to correct the existing conditions and may
issue orders suspending certain traffic in favor of other traffics for
the purpose of preventing existing or threatened public calamity or
distress. The carrier shall promptly comply with all orders of the
department, and, upon its failure so to do, the department shall apply
to a court of competent jurisdiction for the appointment of an
operating receiver to enforce the orders and rules adopted by the
department and may also apply to a court for the appointment of a
receiver for a carrier to enforce a provision or requirement of this
chapter which the offending carrier has failed to observe. In the
proceeding, the court may operate a carrier through its receiver,
enforce orders made by the department concerning the carrier as
approved by the court, and continue so to do so long as is necessary.
The court may order its receiver to purchase the equipment and
motive power, and supply other appliances and facilities as may be
necessary to properly transact the carrier's present and prospective
business in Indiana as required by this chapter. The court may
authorize its receiver to issue and sell receiver's certificates for the
purpose of obtaining funds for the uses specified in this chapter or to
issue certificates of indebtedness to pay for expenditures authorized
by this chapter. The court may declare certificates authorized under
this chapter to be the first and prior lien upon the property and
income of the carrier in the manner and upon the terms as the court
shall decree. (Formerly: Acts 1907, c.231, s.15.) As amended by P.L.62-1984,
SEC.25; P.L.384-1987(ss), SEC.40; P.L.18-1990, SEC.48.
IC 8-3-2-16 Partial invalidity of law
Sec. 16. In case any of the provisions of this chapter shall be held
invalid, such fact shall not operate to make invalid any other portion
of the chapter, and the portions of this chapter not adjudged to be
invalid shall be observed and enforced the same as though the invalid
portion had not been enacted. (Formerly: Acts 1907, c.231, s.16.) As amended by P.L.62-1984,
SEC.26.
IC 8-3-2
Chapter 2. Operation of Freight Railroads
IC 8-3-2-1 Freight carriers; law governing
Sec. 1. The provisions of the chapter shall apply to all such
corporations, foreign or domestic, and to the receivers and lessees
thereof as shall be engaged in the business of a common carrier of
freight in carload lots or less, for hire, on railroads between points
within this state. The provisions of this chapter shall also apply to all
carriers engaged in the performance of transfer or switching service
on and over any terminal, transfer, belt, or switching railroad in this
state; provided, that the provisions of this chapter shall not be so
applied as to regulate or control interstate commerce, or to in any
manner affect or regulate the charges imposed therefor. It is further
provided that the provisions of this chapter shall not apply to any
carrier or carriers within this state whose income from freight
business does not equal thirty-three and one-third percent (33 1/3%)
of their gross revenue. (Formerly: Acts 1907, c.231, s.1.) As amended by P.L.62-1984,
SEC.13.
IC 8-3-2-2 Freight cars or locomotives; duty to provide and maintain
Sec. 2. All carriers subject to the provisions of this chapter are
required to provide and to maintain in serviceable condition the
number of suitable and substantial freight cars necessary to promptly
supply the demands on their respective lines in this state for the
prompt and expeditious shipment of all freight in carload lots. All
such carriers are also required to provide and maintain in serviceable
condition the number of suitable and substantial locomotives and
other appliances and facilities necessary to promptly and
expeditiously transport from point of origin to destination in this
state all freight in carload lots which shall originate on their
respective lines in this state and be tendered for transportation. (Formerly: Acts 1907, c.231, s.2.) As amended by P.L.62-1984,
SEC.14.
IC 8-3-2-3 Freight movements; time limit
Sec. 3. All carriers subject to the provisions of this chapter are
required, when any carload freight has been properly loaded and
proper shipping instructions have been delivered, to move the same
forward to destination, if on its line, or to the point of junction with
the connecting carrier named in the shipping directions, not less than
average of fifty (50) miles every twenty-four (24) hours, Sundays and
legal holidays excepted; provided, that twenty-four (24) hours shall
be allowed for movements through the terminals at point of origin
and for passing through any transfer or terminal en route. Every such
carrier shall receive from its connecting lines, at junction points, or
at point of interchange agreed upon between them, all carload freight
tendered there for forwarding on its lines and shall move the same
forward to destination, or to the connecting carrier named in the
shipping directions an average of not less than fifty (50) miles every
twenty-four (24) hours, Sundays and legal holidays excepted;
provided, that twenty-four (24) hours shall be allowed for the
movement through the terminal at point of origin and for passing
through any transfer or terminal en route. In case any such carrier
shall fail, unless prevented by wrecks or strikes or accident to tracks,
to forward carload shipments as provided in this section, then every
such carrier shall forfeit and pay to the consignee of such freight the
sum of five dollars ($5) per car for each twenty-four (24) hours or
major part thereof that the same has not been moved forward as
required by this section, and the sum due on account of any such
forfeiture may be deducted from the freight charges following any
such shipment. All shipments of freight in less than carload lots shall
be moved by the carrier at the same rate of speed as required by this
section for freight in carload lots, except that forty-eight (48) hours
shall be allowed for getting out of terminal at point of origin, and for
passing through any terminal or transfer en route. The penalty for
failure to so move shipments of freight in less than carload lots shall
be an amount equal to twenty-five percent (25%) of the freight
charged on such shipment for every day's delay or fraction of a day. (Formerly: Acts 1907, c.231, s.3.) As amended by P.L.62-1984,
SEC.15.
IC 8-3-2-4 Consignee; time for freight delivery; forfeitures
Sec. 4. All carriers subject to the provisions of this chapter shall
deliver to a consignee on a private track, a track used by the
consignee for loading or unloading, or on their public delivery track,
and receive from a connecting carrier, at any terminal point in this
state, for the purpose of delivery to points located on its line at the
terminal or points reached over or through its line at the terminal, all
carload freight tendered it by a connecting line, and shall deliver the
same to the consignee on a private track, or on its tracks, or to the
connecting line on its tracks at the terminal, within twenty-four (24)
hours after the freight is tendered. If a carrier fails to deliver a car, it
shall pay to the consignee the sum of five dollars ($5) for each
twenty-four (24) hours or major part thereof that it fails to make
delivery as required by this section. Wrecks, strikes, or accidents to
tracks are a sufficient excuse for failure to make delivery. The sum
due because of a forfeiture may be deducted from the freight charges
following a shipment. The Indiana department of transportation, after
a full hearing of all parties interested, may relieve a carrier from
switching carload freight at terminal points which is to be delivered
upon its public delivery tracks at a terminal when it appears that the
facilities of the carrier at the point are only sufficient to care for the
business originating and terminating on its line at the point. Each
carrier may impose and collect a reasonable transportation charge for
the performance of the service required by this section. (Formerly: Acts 1907, c.231, s.4.) As amended by P.L.62-1984,
SEC.16; P.L.384-1987(ss), SEC.34; P.L.18-1990, SEC.42.
IC 8-3-2-5 Freight and coal cars; duty to provide; shipment of livestock and
perishable property; preference
Sec. 5. Every carrier subject to this chapter shall furnish to all
parties who apply therefor, as provided in this chapter, suitable cars
for the transportation of all kinds of freight in carload lots. If the car
equipment of the carrier is not adequate to supply the whole number
of cars demanded by applicants for immediate use, then the carrier
shall distribute its available equipment between the applicants in
proportion to their respective requirements for immediate use, and
the distribution shall be made without discrimination between
shippers or between competitive and noncompetitive points, subject
to the rules of the Indiana department of transportation. Preference
shall be given to the shipment of livestock and perishable property,
and in all cases where any coal mine or mines are under contract to
furnish all or any part of their product to the state for the use of all
or any of the buildings or public institutions of the state, the
department may, by order, require any carrier serving the mine or
mines to supply empty coal cars to the mine or mines for delivery
only of coal within Indiana up to one hundred percent (100%) of the
cars necessary to fill the daily order contracted by the mine with the
state for the use of state buildings or institutions. A carrier serving a
coal mine or mines shall comply with the order. Reconsignment of
shipments of coal are unlawful unless authorized by the Indiana
department of transportation. (Formerly: Acts 1907, c.231, s.5; Acts 1920(2ss), c.15, s.1.) As
amended by P.L.62-1984, SEC.17; P.L.384-1987(ss), SEC.35;
P.L.18-1990, SEC.43.
IC 8-3-2-6 Carload freight shipments; billings; records; freight cars requested
and furnished
Sec. 6. Each carrier subject to this chapter shall provide and
permanently keep at each billing station on its line in Indiana where
it handles carload shipments a substantially bound book, which shall
be in the form prescribed by the Indiana department of
transportation, suitable for permanently recording and preserving the
information required by this section and other information as the
department may prescribe concerning the subject matter of this
chapter. Any applicant for cars for use at a station shall record in the
book the date of application showing the number and kind of cars
required, when required, for what kind of loading, the point of
destination, and other information as the department prescribes. If it
is not practical or possible for the applicant to apply in person, then
application may be made in writing or by wire, and if made in
writing or by wire, then one (1) authentic copy shall be furnished the
local agent for filing in the local agent's office, which copy shall
constitute a part of the lawful record. Each carrier shall furnish to the
applicant, in not less than forty-eight (48) hours after 6 p.m. of the
day of filing such application, the cars so required, unless the cars
are not so soon required, in which case they shall be furnished when
required. The carrier's agent at every station shall record in the book
the date the cars were furnished and billed out, and other information
as the department may prescribe in the form for the record, and every
record, or a properly authenticated copy, shall be competent evidence
in all the courts of this state and before the department concerning
the matters required to be recorded therein. A carrier shall not be
required to furnish cars for shipment unless applied for under this
section. The distribution and delivery of coal cars to coal mines on
carriers' lines in this state are not controlled by this section. (Formerly: Acts 1907, c.231, s.6.) As amended by P.L.62-1984,
SEC.18; P.L.384-1987(ss), SEC.36; P.L.18-1990, SEC.44.
IC 8-3-2-7 Records; freight cars requested and furnished; violations
Sec. 7. It is a Class C infraction for a person to make any false
entry in the record provided for in section 6 of this chapter, or to
alter, change, or mutilate any entry therein made, without notice to
and with the consent of the other party interested therein. It is a Class
C infraction for a person to record in such a record a demand for cars
not required, or for more cars than are required, or to duplicate any
demand for cars previously ordered and not then furnished. (Formerly: Acts 1907, c.231, s.7.) As amended by Acts 1978, P.L.2,
SEC.822.
IC 8-3-2-8 Freight cars; delay in furnishing; forfeiture
Sec. 8. Every carrier subject to the provisions of this chapter
which shall fail and neglect to furnish cars to applicants in
accordance with the application therefor, and as provided in section
6 of this chapter, shall forfeit and pay to the applicant the sum of one
dollar ($1) for each car for each twenty-four (24) hours, or the major
part thereof, that the delivery of the same shall be delayed beyond the
date when the cars were required to be furnished; provided, that such
forfeiture shall not accrue if the carrier shall show to the satisfaction
of the court or jury trying the cause that it did not have the cars in its
control at the time they were required for delivery, and that, for a
reasonable time prior to the failure and at the time of the failure, it
had made and then made a bona fide and reasonable effort to supply
its line with the necessary car equipment to care for the traffic then
on its line and such future traffic as it could reasonably anticipate
would be offered for shipment. (Formerly: Acts 1907, c.231, s.8.) As amended by P.L.62-1984,
SEC.19.
IC 8-3-2-9 Coal cars; duty to furnish
Sec. 9. At the request of a carrier, coal mine operator, or other
interested party, the Indiana department of transportation, after five
(5) days notice to the interested carrier and the coal mine operators
on the carrier's line and a full hearing, shall adopt rules for the
distribution by the carrier of empty coal cars to the coal mines on the
line of the carrier. The rules adopted by the department may not
conflict with the provisions of section 5 of this chapter. The
department shall prescribe the manner in which the cars shall be
applied for, the manner in which the capacity and output of the mines
shall be ascertained, and the manner in which empty cars shall be
distributed and delivered. The department shall adopt other rules
concerning the subject as are necessary to secure a fair and equitable
distribution of cars without discrimination, so that each mine, in case
of car shortage, shall be secured the maximum amount of working
time to which it is entitled, after taking into consideration the
capacity and output and the shipping orders of all the mines and the
available equipment on the line for use in their operation. If
conditions are the same, the department may adopt the same rules for
all carriers having coal mines on their lines, or different rules for
different lines, as the differing conditions may require. The rules
shall go into effect upon the date fixed by the department and shall
be observed by the carriers and all other persons until set aside or
modified by the department. The department may, at any time, upon
application by an interested party, modify or set aside the rules and
adopt other rules as required. Any party interested in such rules may
file a civil suit against the department in any court of competent
jurisdiction to set aside or annul a rule adopted by the department. (Formerly: Acts 1907, c.231, s.9.) As amended by P.L.62-1984,
SEC.20; P.L.384-1987(ss), SEC.37; P.L.18-1990, SEC.45.
IC 8-3-2-10 Coal cars; failure to furnish; forfeiture
Sec. 10. A carrier that fails, neglects, or refuses to deliver to a
coal mine operator on its line empty coal cars for use at the mine in
accordance with this chapter and the rules of the Indiana department
of transportation adopted under this chapter shall forfeit to the coal
mine operator the sum of two dollars ($2) per day for each car for
each day, or major part thereof, that the car remains undelivered. (Formerly: Acts 1907, c.231, s.10.) As amended by P.L.62-1984,
SEC.21; P.L.384-1987(ss), SEC.38; P.L.18-1990, SEC.46.
IC 8-3-2-11 Coal in transit; confiscation by carrier
Sec. 11. When for any reason coal in transit is confiscated by the
carrier, immediate notice shall be given both consignor and
consignee of such confiscation, and any carrier failing or refusing to
give such immediate notice shall, on settlement, pay fifty cents (50
cents) per ton over and above contract-price to consignee for such
coal confiscated.
(Formerly: Acts 1907, c.231, s.11.)
IC 8-3-2-12 Forfeiture and damages; delay in transportation or failure to
furnish freight cars
Sec. 12. The forfeiture accruing under this chapter may be
collected in any court of competent jurisdiction in any county in this
state into which the carrier operates, and in case the plaintiff
recovers, the court or jury trying the cause shall allow the plaintiff a
reasonable sum for his attorney's fees. The accruing and collection
of any such forfeiture shall not preclude any such party from
collecting actual damages in excess thereof which he shall have
sustained on account of any such delay in transportation or failure to
furnish cars as required by this chapter. (Formerly: Acts 1907, c.231, s.12.) As amended by P.L.62-1984,
SEC.22.
IC 8-3-2-13
Repealed
(Repealed by P.L.384-1987(ss), SEC.95.)
IC 8-3-2-14 Actions and proceedings to enforce railroad law
Sec. 14. The Indiana department of transportation may inquire
into the management and business of carriers as regulated by this
chapter and shall keep informed as to the manner and method in
which the management is conducted. The department may obtain
from the carriers, and their agents, officers, and employees full and
complete information to enable it to perform its duties under this
chapter. The department shall execute and enforce this chapter and
for that purpose may, with the approval of the governor, employ and
pay special counsel and other persons to assist it. The department
may sue in its name in all the courts of Indiana and prosecute all
necessary and appropriate actions at law or suits in equity for the
purpose of securing the observance and enforcement of this chapter.
If the department, in an action, is entitled to a temporary restraining
order or injunction, pending final hearing, the court shall grant the
order or injunction with all reasonable dispatch and without requiring
bond or surety from the department. All state statutes, concerning
examinations by the department of books and papers, and the
production thereof, and the attendance of examination of witnesses
in any investigation held by the department, regulate the proceedings
of the department in any investigations held by it under this chapter. (Formerly: Acts 1907, c.231, s.14.) As amended by P.L.62-1984,
SEC.24; P.L.384-1987(ss), SEC.39; P.L.18-1990, SEC.47.
IC 8-3-2-15 Temporary and emergency rates, routes, and regulations;
receivership
Sec. 15. If a carrier fails to provide the equipment, motive power,
and other facilities necessary to properly receive and care for the
business on their lines, as required by this chapter, or fails to perform
the duties enjoined upon it by this chapter, and because of the failure
considerable traffic on its line is refused or not promptly moved as
required by this chapter, resulting in material injury to the citizens of
a community in Indiana, or the industries or commerce of Indiana,
then the Indiana department of transportation, after five (5) days
notice to the carrier interested and a hearing, shall adopt temporary
emergency rates, establish temporary emergency routes of shipment,
and adopt temporary emergency rules concerning the movement of
traffic as are necessary to correct the existing conditions and may
issue orders suspending certain traffic in favor of other traffics for
the purpose of preventing existing or threatened public calamity or
distress. The carrier shall promptly comply with all orders of the
department, and, upon its failure so to do, the department shall apply
to a court of competent jurisdiction for the appointment of an
operating receiver to enforce the orders and rules adopted by the
department and may also apply to a court for the appointment of a
receiver for a carrier to enforce a provision or requirement of this
chapter which the offending carrier has failed to observe. In the
proceeding, the court may operate a carrier through its receiver,
enforce orders made by the department concerning the carrier as
approved by the court, and continue so to do so long as is necessary.
The court may order its receiver to purchase the equipment and
motive power, and supply other appliances and facilities as may be
necessary to properly transact the carrier's present and prospective
business in Indiana as required by this chapter. The court may
authorize its receiver to issue and sell receiver's certificates for the
purpose of obtaining funds for the uses specified in this chapter or to
issue certificates of indebtedness to pay for expenditures authorized
by this chapter. The court may declare certificates authorized under
this chapter to be the first and prior lien upon the property and
income of the carrier in the manner and upon the terms as the court
shall decree. (Formerly: Acts 1907, c.231, s.15.) As amended by P.L.62-1984,
SEC.25; P.L.384-1987(ss), SEC.40; P.L.18-1990, SEC.48.
IC 8-3-2-16 Partial invalidity of law
Sec. 16. In case any of the provisions of this chapter shall be held
invalid, such fact shall not operate to make invalid any other portion
of the chapter, and the portions of this chapter not adjudged to be
invalid shall be observed and enforced the same as though the invalid
portion had not been enacted. (Formerly: Acts 1907, c.231, s.16.) As amended by P.L.62-1984,
SEC.26.
