Title 8, UTILITIES AND TRANSPORTATION

Sec. 1. (a) Whenever there is filed with the Indiana department of transportation a schedule stating a new individual or joint rate or charge, a new individual or joint classification, or a new individual or joint regulation or practice affecting a rate or charge, the department …

Sec. 1. The bureau of motor vehicles may not register or license a motor bus, truck, tractor, trailer, or semitrailer used or intended to be used for hire by the owner whenever the law requires the owner to obtain a permit or certificate of convenience and necessity from the depa…

Sec. 2. The instrument must certify that the owner of such motor bus, truck, tractor, trailer, or semitrailer has complied with the law and the rules of the department concerning permits and certificates of convenience and necessity and the use of motor vehicles. As added by P.L.…

Sec. 3. This chapter does not apply to a personal vehicle operated by a TNC driver. As added by P.L.175-2015, SEC.9.

Sec. 1. There is created a revolving fund to be known as the highway rights-of-way and construction revolving fund. This revolving fund is created to comply with 23 U.S.C. 124. As added by P.L.18-1990, SEC.228.

Sec. 2. Advances made by the federal highway administration to this state to enable the department to make payments for acquisitions of rights-of-way and for construction as it progresses shall be deposited in the revolving fund by the state official authorized by Indiana law to …

Sec. 3. Disbursements shall be made from this fund solely upon vouchers approved by the department for rights-of-way that have been or are being acquired and for construction that has been actually performed and approved by the Federal Highway Administration. As added by P.L.18-1…

Sec. 1. The various railroad corporations doing business within the state of Indiana shall not, at any time, increase or advance their rates of freight, or charge for the transportation thereof from one (1) point to another a sum greater than the rate of freight or charge for tra…

Sec. 1. All railroad companies now organized or that may be hereafter organized under the laws of this state, having connecting roads, may enter into contracts by their respective boards of directors by which the locomotives and trains of one (1) railroad company, for the transpo…

Sec. 2. All contracts heretofore made in good faith between railroad companies organized under the laws of this state, acting by their respective boards of directors, by which the locomotives and trains of one (1) railroad company, for the transportation of freight and passengers…

Sec. 3. Every railroad company that shall run and operate its locomotives and trains upon the track and road of another railroad company shall be liable to third persons for all damages occasioned by such locomotives and trains, in the same manner and to the same extent as though…

Sec. 1. This chapter applies to all counties. As added by P.L.386-1987(ss), SEC.20.

Sec. 10. (a) The trustees may adopt rules and bylaws governing their procedure. (b) The proceedings of the trustees shall be recorded in a book provided for that purpose. (c) In addition to their meetings under section 9 of this chapter, the trustees may hold regular and special …

Sec. 11. (a) A county toll road authority is under the control of a board of directors. This board consists of five (5) directors, who shall be appointed by a majority vote of the toll road authority trustees. Each of the original directors shall serve from the date of the direct…

Sec. 12. As the term of a director expires, a successor shall be appointed by a majority vote of the trustees. The new director shall serve for one (1) year from the first day of February after the director's appointment, and until a successor is appointed and qualified. As added…

Sec. 13. If a vacancy occurs on the board of directors, the trustees shall, by a majority vote, appoint a new director to serve the remainder of the term. As added by P.L.386-1987(ss), SEC.20.

Sec. 14. (a) The first directors of a toll road authority shall, within thirty (30) days after their appointment, meet for the purpose of electing officers. They shall elect from among themselves a president, a vice president, a secretary, and a treasurer. Each of these officers …

Sec. 15. In addition to their meetings under section 14 of this chapter, the directors may hold the regular and special meetings they consider necessary. The directors may fix the times of these meetings and the notices required for meetings by resolution or under their rules and…

Sec. 16. (a) The directors may adopt the rules and bylaws they consider necessary for the proper conduct of their proceedings, the performance of their duties, and the safeguarding of the funds and property of the toll road authority. (b) A majority of the directors constitutes a…

Sec. 17. A trustee or director who: (1) ceases to be a resident of the county; or (2) becomes an officer or employee of a unit that established the authority; vacates office. As added by P.L.386-1987(ss), SEC.20.

Sec. 18. (a) A person seeking the removal of a trustee for: (1) neglect of duty; (2) incompetence; (3) inability to perform the trustee's duties; or (4) any other good cause; may file a complaint in the circuit or superior court for the county in which the toll road authority is …

Sec. 19. A trustee or director is not entitled to a salary but is entitled to reimbursement for expenses necessarily incurred in the performance of duties. As added by P.L.386-1987(ss), SEC.20.

Sec. 2. The definitions in IC 36-1-2 apply throughout this chapter and IC 8-18-21. As added by P.L.386-1987(ss), SEC.20.

Sec. 20. A trustee or director may not have any pecuniary interest in any contract, employment, purchase, or sale made under this chapter. Any such transaction in which a trustee or director has a pecuniary interest is void. As added by P.L.386-1987(ss), SEC.20.

Sec. 3. As used in this chapter and IC 8-18-21, "toll road" includes: (1) the land required for a toll road right-of-way; and (2) any highway constructed under this chapter, including all bridges, tunnels, interchanges, entrance plazas, approaches, tollhouses, and buildings requi…

Sec. 4. (a) A county may establish a separate municipal corporation to be known as the "______________ County Toll Road Authority" (including the name of the county seat and county) for the purposes of: (1) acquiring land; and (2) financing, constructing, reconstructing, and oper…

Sec. 5. (a) Whenever the county auditor receives a notice that: (1) is signed by the presiding officers of the county executive, the county fiscal body, and the municipal fiscal body of the county seat; (2) states that those bodies have agreed to hold a public hearing on and cons…

Sec. 6. (a) Within sixty (60) days after the adoption of the concurrent resolution under section 5 of this chapter, a board of toll road authority trustees shall be appointed. The board consists of five (5) trustees who are appointed in the following manner and for the following …

Sec. 7. (a) As the term of a trustee expires, a successor shall be appointed by the same appointing authority, for a term of four (4) years. (b) A trustee holds over after the expiration of the trustee's term until a successor is appointed and qualified. As added by P.L.386-1987(…

Sec. 8. If a person appointed as a trustee: (1) fails to qualify within ten (10) days after notice of the appointment is mailed to that person; or (2) qualifies but then dies, resigns, vacates the office because that person is no longer a resident of the county, or is removed fro…

Sec. 9. (a) The first trustees of the toll road authority shall, within thirty (30) days after their appointment, meet at a time and place designated by the circuit court for the county for the purpose of electing officers. The trustees shall elect from among themselves a preside…

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 b…

Sec. 10. A person who violates this chapter commits a Class C infraction. As added by P.L.110-1995, SEC.9.

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.42-20…

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 Transportatio…

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 ad…

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.

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…

Sec. 1. (a) The department and the United States Secretary of Commerce shall enter into agreements under 23 U.S.C. concerning the regulation of billboards, signs, junkyards, and scrap metal processing areas in areas adjacent to the interstate and primary highway systems. The agre…

Sec. 10. The department may acquire and shall pay just compensation for the removal of signs that do not conform to this chapter. A removal by the department or sign owner under this chapter constitutes a taking, and the owner shall be compensated under IC 32-24-1. Compensation s…

Sec. 11. Compensation under section 10 of this chapter shall be paid to a person entitled to compensation upon the presentation to the department of information that the department requires. The claim for compensation must be filed within one hundred eighty (180) days after the r…

Sec. 12. If a claimant under section 11 of this chapter and the department do not reach agreement on the amount of compensation to be paid within one hundred twenty (120) days after the claim is filed, the claimant may file a civil action to have the compensation determined. An a…

Sec. 13. (a) The department shall enforce this chapter. (b) When the department is notified by a governmental agency of a possible violation of this chapter, the department shall determine whether a violation exists. Whenever the department determines a violation exists, the depa…

Sec. 14. Whenever the attorney general receives a resolution under section 13 of this chapter, the attorney general shall commence an action in a court having jurisdiction to enjoin the violation of this chapter. The attorney general may also request the prosecuting attorney of t…

Sec. 15. (a) Subsection (c) does not apply to signs erected before March 15, 1986. (b) A board, commission, council, governmental body, or political subdivision that has the legal authority to zone land has authority to zone areas for commercial or industrial purposes. Except as …

Sec. 16. (a) Subsection (b) does not apply to: (1) actions taken by the department under this chapter; or (2) the removal, taking, or appropriation of a sign, display, or device prohibited under section 6 of this chapter. (b) Before an outdoor advertising sign, display, or device…