Title VIII, TRANSPORTATION (Ch. 306 - 330B)

All rates and charges made for any service rendered or to be rendered in the transportation of passengers or property in this state, or for the receiving, delivering, storage, or handling of such property, shall be reasonable and just. [C97, §2123; C24, 27, 31, 35, 39, § 8048; C4…

Every railroad corporation operating within the state and having track scales shall maintain the scales in good order and of sufficient capacity to weigh carloads of bulk commodities transported over the railroad. The railroad shall weigh car lots of bulk commodities at the reque…

If a railroad corporation and the owner, consignor, or consignee of car lots of bulk commodities cannot reach agreement relative to the weighing of the commodities, appeal may be made to the state department of transportation. The state department of transportation, after a heari…

Bulk commodities shall be weighed at the destination upon request of the consignee when there are track scales at the destination. If the destination is not equipped with track scales, the weighing shall be done at the nearest practicable point agreed to by both parties. [S13, §2…

1. a. A common carrier subject to this chapter shall not charge more for the transportation of persons or property than a fair and just rate or charge. b. A common carrier shall not: (1) Charge more for the transportation of persons or property for a shorter distance than for a l…

A scale ticket printed or stamped by automatic recorders pursuant to section 215.19 , shall be furnished to the consignee. Settlement of freight charges shall be based upon those weights, but weight shall not be warranted for any other commercial purpose unless so stated upon the…

Certificates mentioned in sections 327D.127 through 327D.130 , this section , and section 327D.132 shall be prima facie evidence of the facts recited in the certificates in any action arising between consignors and consignees and common carriers. [S13, §2157-p; C24, 27, 31, 35, 3…

Any common carrier operating in this state violating any of the provisions of sections 327D.127 through 327D.131 by neglecting or refusing to weigh cars or to furnish certificates of weights as provided in those sections shall, upon conviction, be subject to a schedule “one” pena…

It shall be unlawful for any common carrier subject to the provisions of this chapter to enter into any contract, agreement, or combination with any other common carrier for the pooling of freight of different and competing railroads, or divide between them the aggregate or net p…

It shall be unlawful for any common carrier subject to the provisions of this chapter to enter into any combination, contract or agreement, expressed or implied, to prevent, by change of time schedules, carriage in different cars, or, by other means or device, the carriage of fre…

In case any common carrier subject to the provisions of this chapter shall do, cause, or permit to be done anything prohibited or declared to be unlawful under this chapter , or shall willfully fail to do anything in this chapter required to be done, it shall be liable to the per…

The department shall prescribe, pursuant to chapter 17A , rules reasonably necessary for the orderly disposition of claims arising from loss or damage to property tendered for transportation. [S13, §2074-c; C24, 27, 31, 35, 39, § 8150; C46, 50, 54, 58, 62, 66, 71, 73, 75, §479.11…

Except as otherwise specially provided for in this chapter , and unless relieved from the consequences of a violation of the law as provided in this chapter , any common carrier subject to the provisions of this chapter , or, when such common carrier is a corporation, any directo…

All companies, corporations, or individuals that now, or hereafter, may own or operate any railroads, in whole or in part, in the state, and all persons, firms, or companies, and all associations of persons, whether incorporated or not, that shall do business as a common carrier …

A deposit in the United States post office or public mailing box of a written notice addressed to the consignee at the address given upon the bill of lading will constitute service of the notice required by section 327D.173 , and forty-eight hours from the date of the mailing of …

Every corporation operating a railway shall be liable for all damages sustained by any person, including employees of such corporation, in consequence of the neglect of the agents, or by any mismanagement of the engineers, or other employees thereof, and in consequence of the wil…

No contract of insurance, relief, benefit, or indemnity in case of injury or death, entered into prior to the injury, between the person so injured and such corporation, or any other person or association acting for such corporation, and no acceptance of any such insurance, relie…

In all actions brought against any railway corporation to recover damages for the personal injury or death of any employee under or by virtue of any of the provisions of section 327D.186 , the fact that the employee may have been guilty of contributory negligence shall not bar a …

No such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier or corporation of any statute enacted for the safety of employees contributed to the injury or death of such employee;…

The provisions of the following subsections shall constitute prima facie evidence of undue and unjust discriminating rates, charges, accommodations, collections or receipts. 1. Charge, collect, or receive for the transportation of any passenger or freight of any description upon …

Any corporation operating a railway shall be liable for all damages sustained by any person on account of loss of or injury to the person’s property occasioned by fire set out or caused by the operation of such railway. Such damages may be recovered by the party injured in the ma…

An employee designated by the director of the department may conduct spot inspections of vehicles subject to registration which are owned or operated by a railroad corporation to determine whether a vehicle is used to transport products or property which may be a safety hazard fo…

As used in this chapter unless the context otherwise requires: 1. “Department” means the state department of transportation. 2. “Joint tariffs” embraces joint rates, tolls, contracts, classifications and charges. 3. “Railroad” means the terminal facilities necessary in the transp…

If any provision of this chapter is inconsistent or conflicts with federal laws, rules, or regulations applicable to railway corporations subject to the jurisdiction of the surface transportation board, the department shall suspend the provision, but only to the extent necessary …

The department may issue rules relating to the regulation of railroad intrastate rates, classifications, rules, and practices in accordance with the standards and procedures of the surface transportation board applicable to rail carriers. 83 Acts, ch 121, §4 ; 2003 Acts, ch 108, …

Any corporation making any unjust discrimination as to freight rates, or the rates for the use and transportation of railway cars, or in receiving, handling, or delivering freight, shall, upon conviction, be subject to a schedule “four” penalty; or shall be subject to the liabili…

Any railway corporation making any unjust discrimination as to passenger or freight rates, or the rates for the use and transportation of railway cars, or in receiving, handling, or delivering freight, shall, upon conviction, forfeit and pay to the state an amount within the limi…

Nothing in this chapter shall apply to free or reduced rates for the transportation, storage or handling of: 1. Property for the United States, this state, or political subdivisions of this state. 2. Materials to be used by public authorities in constructing or maintaining public…

Every railway corporation shall upon reasonable notice, and within a reasonable time, furnish suitable cars to any and all persons who may apply therefor, for the transportation of any and all kinds of freight, and receive and transport such freight with all reasonable dispatch, …

If a railroad corporation in this state refuses to connect by proper switches or tracks with the tracks of another railroad corporation or refuses to receive, transport, load, discharge, reload, or return cars furnished by another connecting railroad corporation, a petition reque…

Sections 327D.1 through 327D.29 shall not be construed to prohibit the making of rates by two or more railway companies for the transportation of property over two or more of their respective lines within the state; and a lower charge by each of said companies for its portion of …

Every owner or consignor of freight to be transported by railway from any point within this state to any other point within this state shall have the right to require that the same shall be transported over two or more connecting lines of railway, to be transferred at the connect…

It shall be the duty of every common carrier subject to the provisions of this chapter , when shipments are tendered for transportation between points in this state, to route such shipments from shipping point to point of destination over the cheapest available route between such…

The department may order a schedule of joint through railway rates for such traffic and on such routes as in its judgment the fair and reasonable conduct of business requires. [C97, §2155; S13, §2155; C24, 27, 31, 35, 39, § 8071; C46, 50, 54, 58, 62, 66, 71, 73, 75, §479.37; C77,…

In any action in court, or before the department, brought against a railroad corporation for the purpose of enforcing rights arising under the provisions of this section and sections 327D.3 and 327D.4 , the burden of proving that the provisions thereof have been complied with by …

Before the adoption of the rates, the department shall notify the railroad corporations interested in the schedule of joint rates fixed, and give them a reasonable time to agree upon a division of the charges provided. If the corporations fail to agree upon a division, and to not…

1. Every common carrier, except railway corporations, subject to the provisions of this chapter shall file with the department and shall print schedules showing the rates for the transportation within this state of persons and property from each point upon its route to all other …

1. The schedules shall plainly state the places between which such property and persons will be carried, and, separately, all terminal charges, storage charges, refrigeration charges, and all other charges which the department may require to be stated, all privileges or facilitie…

Any or all of such schedules kept as provided in sections 327D.66 and 327D.67 shall be immediately produced by such carrier for inspection upon the demand of any person. [C24, 27, 31, 35, 39, § 8086; C46, 50, 54, 58, 62, 66, 71, 73, 75, §479.52; C77, 79, 81, §327D.69 ] 2023 Acts,…

A contract, receipt or rule shall not exempt any person engaged in transporting for hire from the liability of a common carrier, or carrier of passengers, which would exist had no contract, receipt or rule been made except as may be provided for liability for property loss by ord…

When schedules and classifications required by the United States department of transportation contain in whole or in part the information required by the provisions of this chapter , the posting and filing of a copy of such schedules and classifications with the United States dep…

In lieu of filing its often used schedule in each station or office, any common carrier may file with the department and keep posted at the stations or offices, schedules of the rates applicable at, to, and from the places where the stations or offices are located. [C97, §2128; C…

The department shall have power from time to time, in its discretion, to determine and prescribe by order such changes in the form of the schedules referred to in this chapter as it may find expedient, and to modify the requirements of any of its orders or rules in respect theret…

The names of the several common carriers which are parties to any joint tariff shall be specified in the schedule showing the same. Unless otherwise ordered by the department, a schedule showing such joint tariff need be filed with the department by only one of the parties if the…

A common carrier shall not undertake to perform any service nor engage or participate in the transportation of persons or property between points within this state, until the carrier’s schedule of rates has been filed and posted as provided in this chapter . [C24, 27, 31, 35, 39,…

Unless the department otherwise orders, no change shall be made by any common carrier in any rate, except after thirty days’ notice to the department and to the public as provided in this chapter . The department shall adopt rules to ensure public notice is provided in any action…