reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 19.1. Transportation Network Companies › 8-2.1-19.1-16. Record Maintenance Requirements

Sec. 16. A TNC shall establish record maintenance guidelines that require the following:
(1) Records related to the enforcement of a zero tolerance policy established under section 6(a) of this chapter must be maintained for at least two (2) years following the date on which a TNC rider reports a violation of the policy.
(2) Individual trip records must be maintained for at least one (1) year from the date of each trip.
(3) Records related to a TNC driver must be maintained for at least one (1) year following the date on which a TNC driver is no longer permitted to act as a TNC driver on the TNC's digital network.
As added by P.L.175-2015, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 19.1. Transportation Network Companies › 8-2.1-19.1-17. Display of Tnc Driver's Photograph and License Plate Number

Sec. 17. At the time a TNC rider arranges with a TNC for a prearranged ride, the TNC shall display on the TNC's digital network:
(1) a digital photograph of the TNC driver; and
(2) the license plate number of the personal vehicle;
that will be used to provide a prearranged ride to the TNC rider.
As added by P.L.175-2015, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 19.1. Transportation Network Companies › 8-2.1-19.1-18. Electronic Receipt

Sec. 18. Within a reasonable time after a TNC driver provides a prearranged ride to a TNC rider, the TNC shall transmit to the TNC rider an electronic receipt that includes the following information:
(1) The origin and destination of the trip.
(2) The total duration and distance of the trip.
(3) An itemization of the total fare.
As added by P.L.175-2015, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 19.3. Delivery Network Companies › 8-2.1-19.3-2. Dnc Driver Is Independent Contractor; Dnc Does Not Control

Sec. 2. Except as otherwise provided in a written contract:
(1) a DNC driver who connects to a DNC's digital network:
(A) is an independent contractor of the DNC; and
(B) is, for all purposes with respect to the DNC driver's relationship with the DNC, not an employee or agent; and
(2) a DNC is not considered to do either of the following:
(A) Control, direct, or manage a DNC driver who connects to the DNC's digital network.
(B) Own, control, operate, or manage a personal vehicle used by a DNC driver to provide delivery services.
As added by P.L.215-2023, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 19.3. Delivery Network Companies › 8-2.1-19.3-4. Disclosures Concerning Motor Vehicle Insurance Coverage

Sec. 4. A DNC shall, before the DNC allows a DNC driver to engage in delivery services on the DNC's digital network, disclose in writing to the DNC driver all the following:
(1) The motor vehicle insurance coverage, including the types of coverage and limits of liability for each type of coverage, that the DNC provides while the DNC driver uses a personal vehicle in connection with a DNC's digital network.
(2) That the terms of the DNC driver's own motor vehicle insurance policy may not provide coverage during the:
(A) delivery available period; or
(B) delivery service period.
As added by P.L.215-2023, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 19.3. Delivery Network Companies › 8-2.1-19.3-5. Exclusions of Coverage Permitted

Sec. 5. (a) An insurance company that writes motor vehicle insurance in Indiana may exclude coverage under a motor vehicle insurance policy issued to an owner or operator of a personal vehicle for a loss or injury that occurs during the delivery available period or delivery service period.
(b) An exclusion described in subsection (a) includes any coverage included in a motor vehicle insurance policy, including the following:
(1) Liability coverage for death, bodily injury, and property damage.
(2) Uninsured and underinsured motorist coverage.
(3) Medical payments coverage.
(4) Comprehensive physical damage coverage.
(5) Collision physical damage coverage.
(c) An exclusion described in this section applies notwithstanding any requirement of IC 9-25.
(d) This chapter does not do either of the following:
(1) Require a personal motor vehicle insurance policy to provide coverage:
(A) during the delivery available period or delivery service period; or
(B) while the driver is otherwise using a personal vehicle to provide delivery services.
(2) Preclude an insurance company from providing the coverage described in subdivision (1) under a contract or an endorsement.
As added by P.L.215-2023, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 19.3. Delivery Network Companies › 8-2.1-19.3-6. Coverage Exclusions; Duty to Defend; Indemnify; Right of Contribution

Sec. 6. (a) An insurance company that excludes coverage described in section 5 of this chapter has no duty to defend or indemnify a claim for coverage that is expressly excluded under a motor vehicle insurance policy.
(b) This chapter does not invalidate or limit an exclusion:
(1) of coverage for a personal vehicle that is used for delivery or any other business use; and
(2) contained in a motor vehicle insurance policy;
including a policy filed under IC 27-1-22-4 or in use in Indiana before July 1, 2024.
(c) An insurance company that defends or indemnifies a claim against a DNC driver for which coverage is excluded under the terms of a motor vehicle insurance policy has a right of contribution against any other insurance company that issues motor vehicle insurance coverage to the DNC driver:
(1) in satisfaction of the requirements of section 3 of this chapter; and
(2) in effect at the time the loss occurs.
As added by P.L.215-2023, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 19.3. Delivery Network Companies › 8-2.1-19.3-7. Claim Coverage Investigation

Sec. 7. (a) In a claim coverage investigation, a DNC and an insurance company that issues a motor vehicle insurance policy potentially providing the coverage required by section 3 of this chapter shall cooperate to facilitate the exchange of information with directly involved parties and any insurance company that issues a motor vehicle insurance policy that provides coverage to the DNC driver, including:
(1) the precise time that a DNC began the:
(A) delivery available period; and
(B) delivery service period, if applicable;
during the twelve (12) hour period immediately preceding, and the twelve (12) hour period immediately following, the accident; and
(2) disclosure among the parties and insurance companies of a clear description of the insurance coverage, exclusions, and limitations that apply under any applicable motor vehicle insurance policy that:
(A) is issued or maintained by a party; and
(B) provides the coverage required by section 3 of this chapter.
(b) An insurance company that issues a motor vehicle insurance policy that provides coverage to a DNC shall assume primary liability for a claim when:
(1) a dispute arises as to when the:
(A) delivery available period; or
(B) delivery service period;
began or ended; and
(2) the DNC:
(A) does not have;
(B) did not retain; or
(C) fails to provide;
the information required by subsection (a).
As added by P.L.215-2023, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 19.3. Delivery Network Companies › 8-2.1-19.3-8. Construction of Chapter

Sec. 8. (a) Nothing in this chapter shall be construed to limit the scope of federal or state law regarding the delivery or transport of goods.
(b) This chapter applies to the extent that it is not in conflict with another state or federal law regarding the delivery or transport of goods. In the event that there is a conflict between this chapter and another federal or state law, the other law prevails over the conflicting provision in this chapter.
As added by P.L.215-2023, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 20. Interstate Motor Carriers › 8-2.1-20-0.1. Application of Certain Amendments to Chapter; Delay of Repeal of Single State Registration System by Congress; Termination of Application of Amendments in Indiana

Sec. 0.1. (a) The amendments made to sections 4, 5, 7, and 9 of this chapter by P.L.42-2007 apply to registrations and fees due after December 31, 2006.
(b) If the effective date for the repeal of the single state registration system established under 49 U.S.C. 11506 is delayed by the Congress of the United States, the provisions listed in subsection (a), as they existed on December 31, 2006, shall be applied in Indiana until the earlier of the following:
(1) The date a state is required to conform to the unified carrier registration system established under 49 U.S.C. 13908 as required by an act of the Congress of the United States or by a regulation of the United States Department of Transportation.
(2) January 1, 2008.
As added by P.L.220-2011, SEC.190.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 20. Interstate Motor Carriers › 8-2.1-20-4. Applicability of Chapter

Sec. 4. This chapter applies to:
(1) persons engaged in the interstate transportation of passengers, property, or household goods over public highways in Indiana;
(2) brokers;
(3) freight forwarders; and
(4) leasing companies.
As added by P.L.110-1995, SEC.4. Amended by P.L.42-2007, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 20. Interstate Motor Carriers › 8-2.1-20-5. Registration of Certificate or Permit; Issuance of Acknowledgment

Sec. 5. (a) Except as provided in subsection (b), a motor carrier may not operate motor vehicles upon any public highway in interstate commerce under a certificate of public convenience and necessity or permit issued to the carrier by the United States Department of Transportation until the carrier has:
(1) registered the certificate or permit with the department annually in the form and manner required by the department; and
(2) been issued an acknowledgment by the department.
An acknowledgment issued under this subsection remains in effect until the acknowledgment is amended, suspended, canceled, revoked, or expires.
(b) A certificate of authority or permit issued before July 1, 1963, to an interstate common or contract carrier continues in effect as granted or amended. A certificate of authority or permit to which this subsection applies must be registered with the department in the form and manner required by the department. Upon registration by a motor carrier under subsection (a), the department shall issue an acknowledgment.
(c) An interstate certificate of registration or permit, or an acknowledgment of a certificate or permit, may be issued by the department without a public hearing.
(d) A motor carrier subject to this chapter may not operate motor vehicles within exempt commercial zones unless the carrier has registered with the department under this section.
As added by P.L.110-1995, SEC.5. Amended by P.L.42-2007, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 20. Interstate Motor Carriers › 8-2.1-20-7. Unified Carrier Registration System

Sec. 7. Before operating a motor vehicle on the public highways of this state in the interstate transportation of property or passengers, the person who operates the motor vehicle must register under the unified carrier registration system established under 49 U.S.C. 13908.
As added by P.L.110-1995, SEC.6. Amended by P.L.42-2007, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 20. Interstate Motor Carriers › 8-2.1-20-8. Fees

Sec. 8. Fees collected under this chapter shall be deposited in the motor carrier regulation fund established under IC 8-2.1-23.
As added by P.L.110-1995, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 20. Interstate Motor Carriers › 8-2.1-20-9. Effect on Reciprocity; Conflict With Federal Law and Regulations

Sec. 9. (a) Except as provided in subsection (b), this chapter does not affect the reciprocity laws between states concerning license plates on commercial motor vehicles.
(b) If there is a conflict between this chapter and the unified carrier registration system established under 49 U.S.C. 13908 et seq. and the regulations adopted by the United States Secretary of Transportation under 49 U.S.C. 13908 et seq., the federal statute and regulations control.
As added by P.L.110-1995, SEC.8. Amended by P.L.42-2007, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 8-2.1-22-0.1. Application of Certain Amendments to Chapter; Delay of Repeal of Single State Registration System by Congress; Termination of Application of Amendments in Indiana

Sec. 0.1. (a) The amendments made to sections 1, 7, and 33 of this chapter by P.L.42-2007 apply to registrations and fees due after December 31, 2006.
(b) If the effective date for the repeal of the single state registration system established under 49 U.S.C. 11506 is delayed by the Congress of the United States, the provisions listed in subsection (a), as they existed on December 31, 2006, shall be applied in Indiana until the earlier of the following:
(1) The date a state is required to conform to the unified carrier registration system established under 49 U.S.C. 13908 as required by an act of the Congress of the United States or by a regulation of the United States Department of Transportation.
(2) January 1, 2008.
As added by P.L.220-2011, SEC.191.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 8-2.1-22-2. Repealed

As added by P.L.99-1989, SEC.13. Amended by P.L.1-1990, SEC.117; P.L.70-1990, SEC.2; P.L.72-1990, SEC.1. Repealed by P.L.1-1991, SEC.77.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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. 14303, 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; P.L.7-2015, SEC.18.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 22. Transportation of Passengers and Household Goods › 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.