Title 8, UTILITIES AND TRANSPORTATION

Sec. 3. In case the part situate within this state of any railroad, a part of which is situate in another state, shall become vested in a corporation of such other state, and such corporation shall also acquire a part situate in such other state of the said railroad, the said cor…

Sec. 4. Next in the order of lien to the existing mortgage debt of the old road shall stand the amounts due persons for labor performed, wood and other such materials furnished the old company in running the road, and damages for killing stock and right of way: Provided, That all…

Sec. 5. So much of any railroad as lies in this state and is embraced in the mortgage or mortgages sought to be foreclosed may be sold at such sale as an entirety; and the court making a decree or order of sale may declare, in the order, where the principal office of the railroad…

Sec. 6. In case of the sale of a railroad, or any part thereof, as in section 1 of this chapter mentioned, full power is hereby given to the corporate authorities of the several counties, cities, townships, and other municipal corporations holding stock in the company by which su…

Sec. 7. No purchaser or purchasers of any railroad shall be entitled to any rights or benefits under this chapter until such purchaser or purchasers shall first assume and pay, in money or first class or satisfactory securities, to be issued by the new corporation formed upon the…

Sec. 8. This chapter may be amended or repealed at the discretion of the legislature. Formerly: Acts 1861, c.78, s.8. As amended by P.L.62-1984, SEC.79.

Sec. 0.1. Notwithstanding the amendments made to section 18 of this chapter by P.L.219-2003, the requirement that 49 CFR 383 and 384 be incorporated into Indiana law by reference, as provided by section 18 of this chapter, as amended by P.L.219-2003, does not apply before July 1,…

Sec. 1. (a) This chapter applies to the certification of a motor carrier providing intrastate transportation by motor vehicle of property or passengers for compensation. (b) Section 18 of this chapter applies to the regulation of the following persons: (1) A motor carrier describ…

Sec. 10. (a) After a decision, an order, or a requirement has been made by the department in a proceeding under this chapter, a party may apply to the department for reconsideration or rehearing of a matter determined in the proceeding. The department may grant the reconsideratio…

Sec. 11. The department may, subject to the approval of the governor, enter into an agreement or understanding with the United States Department of Transportation or any other appropriate agency of the federal government, another Indiana department or agency, or an agency of anot…

Sec. 12. The department may by rules adopted under IC 4-22-2 adopt orders, standards, or regulations of the Federal Motor Carrier Safety Administration, any other appropriate agency of the federal government, or another state as the orders, standards, or regulations affect motor …

Sec. 13. The department may cooperate with other state agencies in adopting combined uniform procedures and forms. As added by P.L.110-1995, SEC.29.

Sec. 14. The department may perform all reasonably necessary actions to carry out this chapter, including the power, subject to: (1) the approval of the state personnel department and the budget agency; and (2) IC 4-21.5; to employ and fix the compensation of administrative law j…

Sec. 15. A motor carrier may not operate a motor vehicle in the transportation of property, upon a public highway in intrastate commerce until the motor carrier has: (1) submitted forms approved by the department to be a properly certified motor carrier; and (2) been issued an ac…

Sec. 16. The annual renewal by motor carriers under this chapter is performed in the following manner: (1) An application for renewal must be submitted on a form prescribed by the department. (2) An application for renewal may be received by the department at any time after Septe…

Sec. 17. (a) A person may not operate a motor vehicle for the transportation of property upon a public highway, and a motor carrier may not be certified, unless the motor carrier complies with the rules adopted by the department governing the filing and approval of surety bonds, …

Sec. 18. (a) 49 CFR Parts 40, 375, 380, 382 through 387, 390 through 393, and 395 through 398 are incorporated into Indiana law by reference, and, except as provided in subsections (d), (e), (f), (g), and (j), must be complied with by an interstate and intrastate motor carrier of…

Sec. 19. (a) A nonresident motor carrier must file and keep on file with the department a designation in writing of the name and post office address of a citizen and resident of Indiana upon whom service of notices or orders may be made, and upon whom process issued by or under t…

Sec. 20. Before a motor carrier engaged in the transportation of property or passengers for compensation may operate a motor vehicle upon a public highway providing intrastate transportation, the motor carrier must be properly registered as required under the unified carrier regi…

Sec. 21. A motor carrier shall display a United States Department of Transportation number or any other identification in the method required by the department on or in each motor vehicle the motor carrier operates. As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007, SEC.17…

Sec. 22. (a) A motor carrier augmenting equipment, interchanging equipment, or leasing equipment, with or without drivers, shall comply with the rules of the department governing lease and interchange of vehicles. (b) If a lessor who is not a motor carrier leases both equipment a…

Sec. 23. (a) As used in this section, "bill of lading" means a document evidencing the receipt of goods for shipment that is issued by a person who is engaged in the business of transporting or forwarding goods. (b) A motor carrier or a person who operates a motor vehicle for a m…

Sec. 24. A person who violates this chapter commits a Class B infraction. As added by P.L.110-1995, SEC.29.

Sec. 25. (a) The department or the state police department may impound a motor vehicle operated for hire if: (1) the motor carrier of property has not obtained the required certification from the department; and (2) the vehicle is being operated on an Indiana highway. (b) To obta…

Sec. 26. (a) A person who violates this chapter is subject to a civil penalty of one hundred dollars ($100) for the first violation and one thousand dollars ($1,000) for each subsequent violation. (b) Civil penalties described in subsection (a) may be assessed only after an admin…

Sec. 27. Inspections to determine and enforce violations under this chapter may be conducted by the state police department, agents of the department, Indiana state police motor carrier inspectors, and any other eligible law enforcement officer through the procedures established …

Sec. 28. (a) Pursuant to an operations out of service order issued by the United States Department of Transportation or the Federal Highway Administration affecting a motor carrier operating in Indiana, the department of state revenue or the state police department may revoke and…

Sec. 3. Except as provided in section 18 of this chapter, this chapter does not apply to the following: (1) Motor vehicles used exclusively for carrying United States mail. (2) Motor vehicles while being used or operated under the control, direction, and supervision of: (A) the U…

Sec. 4. The department may: (1) certify a motor carrier providing transportation of property or passengers for compensation; and (2) regulate and supervise safety, insurance, methods, and hours of operation of a motor carrier providing transportation of property or passengers. As…

employees; adoption of motor vehicle inspection rules Sec. 5. The department may require the filing of annual and other reports and the submission of all records and information necessary to aid the department in the exercise of the powers granted by this chapter. The department,…

Sec. 6. Upon complaint in writing filed with the department or upon the department's own initiative without complaint, the department may investigate whether a person subject to this chapter has failed to comply with this chapter. As added by P.L.110-1995, SEC.29.

Sec. 7. If the department, after notice and hearing, finds, in an investigation, that a person has failed to comply with this chapter, the department shall issue an appropriate order to compel compliance. As added by P.L.110-1995, SEC.29.

Sec. 8. The department, a member of the department, or an authorized representative of the department, may: (1) compel the attendance of witnesses; (2) swear witnesses; (3) take testimony under oath; and (4) make a record of testimony. After a record is made under the direction o…

Sec. 9. (a) The department may hear all petitions or motions filed with the department. The hearings may be conducted by the department, a member of the department, or an administrative law judge. The hearings shall be conducted in accordance with rules adopted by the department …

Sec. 1. When consistent with public safety and subject to IC 8-23-24.5, the department shall plant trees along the rights-of-way of highways, streets, and roads for which responsibility is assigned to the department. As added by P.L.90-1991, SEC.1. Amended by P.L.182-2009(ss), SE…

Sec. 2. Tree planting must be in conformance with federal law. As added by P.L.90-1991, SEC.1.

Sec. 3. The division of forestry of the department of natural resources shall supply the trees for use under this chapter, supervise the planting, and manage the trees with the same responsibility and authority as trees in a state forest. As added by P.L.90-1991, SEC.1.