Bill Text: IN HB1124 | 2011 | Regular Session | Enrolled
Bill Title: Railroad statutes.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1124 Detail]
Download: Indiana-2011-HB1124-Enrolled.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
AN ACT to amend the Indiana Code concerning transportation.
tracks where the tracks are operated in connection with any
railroad in this state or share in the rates or earnings of any
common carrier subject to the provisions of this chapter;
(5) to correct abuses and prevent unjust discrimination and
extortion in the rates of freight and passenger tariffs on the
different railroads; and
(6) to enforce the same by proceedings for the enforcement of
penalties provided by law through courts of competent
jurisdiction.
The classification of freight adopted by the railroads shall be uniform
and shall apply to and be the same for all railroads subject to the
provisions of this chapter.
(b) The department has the duty, as provided in this chapter, upon
the failure of the railroad companies so to do, to fix and establish for all
or any connecting lines of railroads in this state reasonable joint rates
of freight, transfer, and switching charges for the various classes of
freight and cars that may pass over two (2) or more lines of the
railroads.
(c) If any two (2) or more connecting railroad companies shall fail
to agree upon a fair and just division of the charges arising from the
transportation of freights, passengers, or cars over their lines, the
department shall, as provided in this chapter, fix the pro rata part of the
charges to be received by each of said connecting lines.
(d) As provided in this chapter, the department has the duty to:
(1) alter, change, amend, or abolish any classification or rates
established by any railroad company or companies whenever
found to be unjust, unreasonable, or discriminative;
(2) to make and substitute for the unjust, unreasonable, or
discriminative rates or classifications amended, altered, or new
classifications or rates, which shall be put into effect by the
railroad company or companies; and
(3) in case any carrier fails to have any rate or schedule of rates to
any point on its line or on any connecting line in this state, the
department, as provided in this chapter, may make and order a
rate or schedule of rates, which shall be published and put into
effect by the carrier or carriers.
(e) The department may adopt and enforce the rules and modes of
procedure it considers proper to hear and determine complaints and for
the conduct of all investigations held by it or its appointees and to
regulate the conduct of the department's inspectors and appointees.
(f) The department:
(1) shall enforce, as provided in this chapter, reasonable and just
rates of charges for each railroad company subject to this chapter
for the use or transportation of loaded or empty cars on its road;
and
(2) may enforce, for each railroad or for all railroads alike,
reasonable rates for storing and handling of freight, and for the
use of cars not loaded or unloaded within forty-eight (48) hours
after notice of arrival and placement for service, not to include
Sundays or legal holidays.
(g) The department shall enforce reasonable rates as provided in this
chapter for the transportation of passengers over each or all of the
railroads subject in this chapter, which rates shall not exceed the rates
fixed by law. The department may enforce reasonable rates, tolls, or
charges for all other services performed by any railroad subject to this
chapter.
(h) Under this section, the power of the department extends to any
case where any person, firm, corporation, limited liability company, or
association, or any mercantile, agricultural, or manufacturing society,
or any body politic or municipal organization, complains of anything
done or omitted to be done by any common carrier subject to this
chapter, and applies to the department by petition, which shall briefly
state the facts. A statement of the charges thus made shall be forwarded
by the department to the common carrier, who shall be called upon to
satisfy the complaint or to answer the complaint in writing, within a
reasonable time specified by the department. If the carrier does not
satisfy the complaint within the time specified, or there appears to be
any reasonable ground for investigating the complaint, the department
shall investigate the matters complained of, and no complaint shall, at
any time, be dismissed because of the absence of direct damage to the
complainant. The department may, after the investigation, make the
corrections, alterations, changes, or new rules or rates as may be
necessary to prevent injustice or discrimination to the party
complaining or to any other person, firm, limited liability company, or
corporation. When any rate, charge, classification, or rule is made,
changed, modified, or added to by the department, such order shall
operate for the benefit of all persons or corporations situated similarly
with the complaining party.
(i) (a) As used in this chapter, "department" refers to the
Indiana department of transportation.
(b) Every such carrier shall annually, before April 1, file with the
department, under the signature and oath of the department's principal
accounting officer, a detailed report, in the form prescribed by the
department, of all the carrier's financial and business operations in
Indiana for the year ending on the preceding December 31. The report
shall embrace the other information and facts as shall be prescribed by
the Interstate Commerce Commission Surface Transportation Board
for reports of interstate carriers thereto, and the reports shall be in the
form prescribed, insofar as the same is applicable. Any carrier failing
to make the report for thirty (30) days after the same is due, unless the
time therefor is extended by the department, shall forfeit and pay to the
state the sum of one hundred dollars ($100) for each day of the default,
to be collected as provided in this chapter.
(j) All carriers subject to this chapter and operating railroads shall
afford reasonable and proper facilities for the interchange of traffic
between the carriers' respective lines at junction points, and for there
receiving, forwarding, and delivering passengers and property, and
each carrier shall transfer, deliver, and accept, without delay or
discrimination, and promptly forward, all freight or cars, loaded or
empty, and all or any passengers there tendered by the connecting lines
and destined to any point on the carrier's line or any connecting line.
The department may not, by virtue of any provision in this chapter
compel any railway company to carry any freight prohibited by any
municipal ordinance or contract.
(k) Every carrier engaged in handling freight in carload lots may be
required, upon application therefor by the party having use for the
same, to construct upon the carrier's property and properly connect with
the carrier's line, when the same can be done with safety, and is
reasonably necessary, all siding, switch, spur, or turnout tracks,
necessary to accommodate the business of any elevator, mill, factory,
or other industrial enterprise that is on or after April 9, 1907,
constructed abutting the carrier's line, and where there is no space for
the proprietor thereof to construct the same on the proprietor's property.
Title to any siding shall remain in the carrier, which may remove the
same whenever it becomes necessary so to do to accommodate the
public interests, upon payment of the value of the material in the track,
if the cost of original construction shall have been paid by the industry,
and providing that the track may be used by the carrier in performing
switching service to any industry located beyond the elevator, mill,
factory, or other industrial enterprise. In case the carrier and the
proprietor cannot agree upon the terms for constructing and
maintaining the facilities, the department, upon application, shall
prescribe the terms upon which the same shall be constructed and
maintained. Every carrier shall, upon request and upon the payment of
reasonable compensation therefor, construct a switch connection from
the carrier's line to and connecting with any lateral or branch line of
railroad, or any private or industrial switch, which shall be constructed
adjacent to the carrier's line and property in this state, whenever the
connection is reasonably practicable and can be put in with safety, and
a reasonable necessity therefor exists. In case of a disagreement
thereon, the department, upon application, shall determine the
compensation for making the connection and maintaining same.
(l) All carriers handling freight in carload lots, at all points in this
state where they connect with, or cross, at, over, or under grade, the
line or lines of any one (1) or more carriers engaged in like business,
shall construct and maintain proper interchange tracks and switches at
all such points so that carload traffic may be conveniently interchanged
between the carriers at the points, and, for the purpose of enabling the
carriers to comply with this requirement, they are empowered to jointly
purchase and own, or appropriate, under state statutes concerning the
exercise of the powers of eminent domain, any additional lands or
property necessary to enable them to comply with this requirement.
Upon a sufficient showing, the department may relieve the carrier from
the operation of this provision until the time as the necessity therefor
shall arise. In case the connecting carriers cannot agree as to the
division of the expense of making and maintaining the facilities and
tracks, the department, upon application therefor, shall determine the
same.
(m) Every connecting carrier shall, upon the order of the
department, made upon complaint filed and after a hearing is had, as
provided in this chapter, received from the carrier's connecting lines,
at junction points all carload shipments tendered by the connecting
line, and, upon payment of reasonable transfer or switching charges
therefor, transport the car over the carrier's tracks and deliver the same
to the consignee on the consignee's private track connected with the
tracks. Every connecting carrier, at junction or terminal points, upon
like complaint, proceedings, and order of the department, as provided
in this subsection, shall accept from any other connecting carrier any
empty car there tendered, and, upon payment of a reasonable switching
charge therefor, shall transport such empty car to any industry or
private track connected with the carrier's line at such junction or
terminal point for loading, and return the same, when loaded, to the
line making the delivery. Any carrier is not required to perform
switching services in any case where the carrier can transport the
freight to destination and point of delivery with reasonable dispatch
and at the same rate as the line offering the car, and shall, at the time
offer the car and be prepared to perform the services. Every carrier
subject to this chapter who shall receive a car or cars belonging to
another carrier at a terminal or junction point shall, upon the demand
of the owner of the car or cars, promptly return the same, loaded or
empty, to the terminal or junction point by the most direct available
route, and any court of competent jurisdiction shall, upon proper
application, have full power and authority to enforce this requirement.
(n) All railroad companies doing business in this state shall, upon
the demand of any person or persons interested, establish reasonable
joint rates for the transportation of freight between points upon
respective lines within this state, and shall receive and transport freight
and cars over the route or routes as the shipper may direct. Carload lots
shall be transferred without unloading into other cars, unless unloading
into other cars shall be done without charge therefor to the shipper or
receiver of the carload lots, and unless the transfer be made without
unreasonable delay. Less than carload lots shall be transferred into the
connecting railway's cars at cost, which shall be included in and made
a part of the joint rate adopted by the railroad companies, or established
as provided in this chapter.
(o) No carrier shall construct a line of railroad across another line
of railroad in this state without the approval of the department, nor
until an application therefor and an instrument of appropriation to
acquire the rights has been filed with the department and notice given
to the connecting lines and a hearing thereon had. The department may,
in any proceedings, determine in what manner and at what point the
crossing shall be made, and whether the crossing shall be at grade, or
over or under grade. When the department determines the place and
manner of crossing, it shall determine the damages, if any, which the
junior line shall pay to the senior line or lines for the privilege of
crossing. The department, by the department's order, shall determine
and define the manner in which the crossing shall be made, and
thereafter maintained, and the manner in which the expense thereof
shall be apportioned between the connecting lines, and, in what
manner, the work shall be performed, and by whom and within what
time, and other matters as may be necessary to fully determine the
controversy between the parties. The junior line, upon the payment or
tender of the damages awarded, may proceed with the construction of
the crossing, in accordance with the order of the department. In case
any crossing shall be on a street in any city or incorporated town in this
state, then the order of the department concerning the same shall not
become operative until the legislative body of the city or town shall
consent thereto by resolution.
(p) Any carrier which shall be dissatisfied with the damages
awarded by the department may commence in any circuit or superior
court of the county where a crossing is located, an action against the
other connecting line or lines at the point, for the purpose of having
damages reassessed by the court in accordance with state statutes
concerning the exercise of the powers and privileges of eminent
domain, and, in the court, the only question triable shall be the amount
of damages properly chargeable against the crossing line on account of
the crossing being made and constructed in the manner fixed and upon
the terms prescribed by the department therefor, and to be maintained
in the manner and upon the terms prescribed by the department. Any
interurban railroad company may cross with the interurban railroad
company's feed and transmission wires over or under the right-of-way,
tracks, wires, and railroad of any steam interurban railroad company,
and the wires and other appliances of any telegraph, telephone, electric
light, power, or other company maintaining wires, after an application
therefor and an instrument of appropriation to acquire the right has
been filed with the department and at least ten (10) days notice thereof
given to the company whose property is to be crossed and a hearing had
thereon. The department may determine in what manner the crossing
shall be made at any point other than upon streets and highways and,
as to crossings of streets and highways, the applicable law shall control
the rights of the parties. The department, by the department's order,
shall determine and define the manner in which the crossings shall be
made and thereafter maintained, and the manner in which the expense
thereof shall be apportioned between the crossing companies, and in
what manner the work shall be performed and by whom and within
what time, and other matters as may be necessary to fully determine the
controversy between the parties. The department may determine the
amount of damages, if any, allowed to the company whose property is
to be crossed at any point other than upon streets or highways by feed
or transmission wires, and any party dissatisfied with any award of
damages may appeal therefrom to the circuit court of the proper county
upon the question of damages only. Upon the payment or tender of
damages, if any, allowed by the department, the company desiring to
cross may proceed with the construction of the company's feed or
transmission wires over or under the right-of-way, tracks, wires,
railroad, and other appliances of any of the companies.
(q) In addition to the authority conferred on April 9, 1907, upon the
department to order the installation and maintenance of interlocking
devices and appliances at railroad crossings in this state, the
department may order any carriers subject to this chapter whose
railroad lines cross each other at grade, or to order any carrier subject
to the provisions of this chapter whose line of railroad crosses any
stream in this state by a swing or draw bridge, to install, maintain, or
operate, at the crossing, or at the bridge, an approved interlocking and
derailing device, or to make connecting or other changes in any
existing device. Notice shall be given the carriers, as in other
proceedings before the department, and plans submitted and approved
by the department, and the department shall determine, when
necessary, or when the carriers fail to agree, the division of expense for
the construction, maintenance, and operation of the interlocker, and
may assign to one (1) of the connecting lines the construction,
maintenance, and operation thereof. Every carrier which shall fail to
install such interlocker or make such changes within the time fixed by
the department shall forfeit and pay to the state the sum of one hundred
dollars ($100) for each week that the failure shall be continued. The
carrier or carriers shall not be requested to install a device in any city
or incorporated town in this state until the city or town legislative body
shall approve the same, by resolution, duly entered of record. This
subsection does not apply to any interurban railroad crossing, any
railroad, interurban railroad, any street, highway, or private
right-of-way in any city or town in this state.
(r) The department, whenever it determines that life and property
will be best secured thereby, shall order the operation of any
interlocking device in use in this state to be discontinued until the same
shall be put in the condition required by the department. The operation
of a device by a carrier, after the same has been forbidden by the
department, is unlawful.
(s) The department may, on the application of any railroad
corporation, authorize the corporation to use any safeguard or device,
approved by the department, in place of any safeguard or device
required by this chapter. The same penalties for neglect or refusal to
install or use the same shall be incurred and imposed as for a failure to
install or use the safeguard or device required by this chapter, in lieu
of which the same is to be used.
(t) Every railroad shall, when within the railroad's power to do, and
upon reasonable notice, furnish suitable cars to any and all persons who
may apply therefor, for the transportation of any and all kinds of freight
in carload lots. In case of insufficiency of cars at any time to meet all
requirements, cars as are available shall be distributed among the
several applicants therefor in proportion to the applicant's respective
immediate requirements, without discrimination between shippers or
competitive or noncompetitive places; however, preference may be
given to shipments of livestock and perishable property.
[EFFECTIVE JULY 1, 2011]: Sec. 21. (a) It is the duty of the
department to keep informed as to the condition of railroads and
railways and the manner in which they are operated with reference to
the security and accommodation of the public, and as to the compliance
of the several corporations with their charters and the laws of the state.
(b) (a) Every railroad company subject to this chapter shall report
again to the department by telegraph or telephone as soon as possible
after it has occurred, every accident and the general cause thereof,
involving loss of life or serious injury to passenger or employee. and,
within twenty (20) days after such accident, the company shall make a
full report of the cause thereof to the department and the department
shall investigate in such manner and by such persons as it may deem
best the causes of any accident on any railroad involving loss of life,
and every corporation, at all times, shall furnish to the department, its
appointees, or its inspectors any information relative to such accidents.
Such reports and information shall not be used in the trial of any suits
for damages arising out of said accidents. After such investigation, the
department shall make a report to the railroad company of its
conclusion and recommendations regarding such accidents and the
causes thereof, and the proper steps to be taken by the railroad
company to prevent like accidents, and unless the railroad company
shall, in a reasonable time, comply with and carry out said
recommendations, said department shall make the same public, if it
shall deem best so to do, by publishing the same in any newspaper or
newspapers in the state, or in the locality where the accident took place.
(c) Whenever the department secures reliable information, or
complaint shall have been made, or, because of reports made by its
inspectors, shall have reason to believe, that any carrier in this state
does not keep its road or equipment in proper condition and repair for
the health and safety of its employees or the public, or that any carrier
as now required by law does not maintain adequate and suitable
passenger depot buildings and platforms, said depot with the
passageway to the adjacent street to be well lighted, to be kept well
heated and in approved sanitary condition, supplied with wholesome
water and closets for men and women, and kept open at least one (1)
hour before and fifteen (15) minutes after the arrival of each passenger
train stopping at said station, or that any carrier does not keep its
passenger cars well cleaned and in good sanitary condition, well lighted
and properly heated, and supplied with closets for men and women, or
that any carrier does not keep and maintain adequate and suitable
freight depots, buildings, switches, and side tracks for the receiving,
protecting, handling, forwarding, and delivery of all freight offered for
shipment or received at said stations, or that any carrier or carriers do
not so run, operate, or schedule their passenger trains as to make
reasonable and proper connections at places where they intersect each
other, or that there is a dangerous defect in connection with the
operation of any railroad or in any railroad bridge, culvert, curve,
embankment, water tank, crane, frog, railroad or wagon crossing, ties
or tracks, motive power, stations, rolling stock, machinery, or in any
roadbed or ground used in connection with the operation of any
railroad or any dangerous neglect or fault in the construction,
equipment, or management of any railroad within the state of Indiana,
it shall be the duty of the department to cause such investigation to be
made as it may deem necessary. When such investigation shall have
been made, the department shall make a report to the manager or
superintendent of the railroad company. In said report and
recommendations, the department shall make an accurate statement of
the time such examination was made, of the exact location, character,
and extent of such defects or omissions, if any such shall have been
found, and shall also recommend such reasonable changes and
improvements, additions, buildings, and accommodations, as are, in the
opinion of the department, necessary to remedy such faults, neglects,
requirements, or defects. Such recommendations shall set out
specifically a reasonable time within which such improvements or
changes or additions shall be made by the railroad company, and if they
are not so made within said time so specified, then the department, if
it deem it best so to do, may commence proceedings by mandamus or
other remedy, in some circuit or superior court having jurisdiction of
the carriers, to enforce compliance with its order. All courts, circuit,
superior, appellate, or supreme, as shall obtain jurisdiction in these
cases, shall give preference to such cases and shall hear and determine
the same speedily to the end that the public interests may not suffer.
(d) (b) Whenever the department shall secure reliable information,
or complaint shall have been made, or, because of reports made by its
inspectors, shall have reason to believe, that any carrier in this state
does not provide and adequately maintain sanitary drinking water and
sanitary dispensers therefor on all locomotives and cabooses in use, or
that any such carrier does not provide a room or rooms at all terminals,
for the use of the department's employees, containing adequate wash
basins, shower baths, inside toilets, sanitary drinking water dispensed
in a sanitary manner, and sufficient lockers for checking employees'
clothing, it shall be the duty of the department to cause such
investigation to be made as it may deem necessary, and when such
investigation shall have been made, the department shall make a report
to the manager or superintendent of the railroad company. In said
report and recommendations, the department shall make an accurate
statement of the time such examination was made, of the exact
location, character, and extent of such defects or omissions, if any such
shall have been found, and shall also recommend such reasonable
changes and improvements, additions, buildings, and accommodations,
as are, in the opinion of the department, necessary to remedy such
faults, neglects, requirements, or defects. Such recommendations shall
set out specifically a reasonable time within which such improvements
or changes or additions shall be made by the railroad company, and if
they are not so made within said time so specified, then the department,
if it considers it best so to do, may commence proceedings by
mandamus or other remedy, in some circuit or superior court having
jurisdiction of the carriers, to enforce compliance with its order. All
courts, circuit, superior, appellate, or supreme, as shall obtain
jurisdiction in these cases, shall give preference to such cases, and shall
hear and determine the same speedily to the end that the employees'
interests and the public interests may not suffer.
(e) If two (2) or more railroad corporations whose tracks cross each
other at the same level, agree to separate the grades, they may apply to
the department, which shall thereupon determine when, and in what
manner and by which corporation said work and each portion of it shall
be done, and shall apportion all charges and expenses caused by
making such alterations and all future charges for keeping the
necessary structure connected therewith in repair among said
corporations. For said purpose, the corporations may, under the
direction of the department, make all necessary changes in the location,
grade, and construction of said railroad, and, so far as may be
necessary, may take additional land therefor, and may raise, lower, or
otherwise change any and all highways. In the exercise of such powers,
said corporations, and any person who sustains any damages thereby,
shall have all rights, privileges, and remedies, and be subject to all the
duties, liabilities, and restrictions provided by law in the case of land
taken by railroad corporations.
(f) If one (1) of two (2) or more railroad corporations whose tracks
cross each other at the same level, desires to separate the grades, said
railroad corporation may file its petition with the department, with
blueprints and maps attached, setting out in detail how such crossing
can best be made. Thereupon, the department shall give notice to the
corporation or corporations complained of, as in other cases, and such
petition shall be tried, and the department shall determine whether or
not said grades shall be separated, in what manner and by which
corporation said work and each portion of it shall be done, and shall
apportion all charges and expenses caused by making such alterations,
and all future charges for keeping the necessary structure connected
therewith in repair among said corporations. For said purpose, the
corporations may, under the direction of the department, make all
necessary changes in the location, grade, and construction of said
railroads, and, so far as may be necessary, may take additional land
therefor and may raise, lower, or otherwise change any and all
highways. In the exercise of such powers, said corporations, and any
person who sustains any damage thereby, have all the rights, privileges,
and remedies and are subject to all the duties, liabilities, and
restrictions provided by law in the case of land taken by railroad
corporations.
(1) read and understand the timetables of the carrier that employs the railroad employee;
(2) read ordinary handwriting in the English language;
(3) speak, hear, and understand the English language; and
(4) see, distinguish, and understand the signals required by the book of rules of the carrier governing the operation of the locomotives and trains of the carrier.
(b) In addition to satisfying the requirements of subsection (a), the following railroad employees must pass the regular examination prescribed by the carrier concerning the rules and regulations governing their particular position:
(1) Engineers.
(2) Conductors.
(3) Flagmen.
(4) Firemen, brakemen, or yard brakemen or helpers.
(5) Yard conductors or foremen.
(b) A person who operates a vehicle shall obey the instructions of a railroad flagman to stop the vehicle before approaching a location in which a train or other on-track equipment is or may be located.
; (11)HE1124.1.5. --> SECTION 5. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2011]: IC 8-3-1-3; IC 8-3-1-4; IC 8-3-1-5; IC 8-3-1-6; IC 8-3-1-7; IC 8-3-1-8; IC 8-3-1-9; IC 8-3-1-10; IC 8-3-1-11; IC 8-3-1-12; IC 8-3-1-13; IC 8-3-1-14; IC 8-3-1-15; IC 8-3-1-16; IC 8-3-1-17; IC 8-3-1-19; IC 8-3-20; IC 8-9-2.
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned
