Indiana § 8-2-21-1 - Limitation of actions

Full text of Indiana Indiana Code § 8-2-21-1 — Limitation of actions, with citation guidance and answers to common questions.

§ 8-2-21-1. Limitation of actions

Sec. 1. (a) All actions at law by carriers for recovery of their charges or any part thereof must begin within three (3) years from the time the cause of action accrues and not after.

(b) For recovery of overcharges, actions at law must begin, or complaint must be filed with the Indiana department of transportation, against carriers subject to this chapter within three (3) years from the time the cause of action accrues and not after, subject to subsection (c), except that if claim for the overcharge is presented in writing to the carrier within the three (3) year period of limitation, the period shall be extended to include six (6) months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim or any part or parts thereof specified in the notice.

(c) If on or before the expiration of the three (3) year period of limitation in subsection (a) or (b), a carrier subject to this chapter begins 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 from the time such action is begun or charges are collected by the carrier.

(d) The cause of action in respect of a shipment of property for the purposes of this section accrues upon delivery or tender of delivery thereof by the carrier and not after.

(e) The term "overcharges", as used in this section, means charges for the transportation services in excess of those applicable thereto under the tariffs lawfully on file with the Indiana department of transportation.

Formerly: Acts 1941, c.151, s.1; Acts 1961, c.110, s.1. As amended by P.L.59-1984, SEC.118; P.L.89-1985, SEC.11; P.L.18-1990, SEC.33.

IC 8-2-22Chapter 22. RepealedRepealed by Acts 1975, P.L.28, SEC.1.

IC 8-2-23Chapter 23. RepealedRepealed by Acts 1975, P.L.28, SEC.1.

IC 8-2-24Chapter 24. RepealedRepealed by Acts 1975, P.L.28, SEC.1.

IC 8-2-25Chapter 25. RepealedRepealed by Acts 1975, P.L.28, SEC.1.

IC 8-2-26Chapter 26. RepealedRepealed by Acts 1975, P.L.28, SEC.1.

IC 8-2-27Chapter 27. RepealedRepealed by Acts 1975, P.L.28, SEC.1.

IC 8-2-28Chapter 28. RepealedRepealed by Acts 1978, P.L.2, SEC.867.

IC 8-2-29Chapter 29. RepealedRepealed by Acts 1975, P.L.28, SEC.1.

IC 8-2-30Chapter 30. RepealedRepealed by Acts 1975, P.L.28, SEC.1.

IC 8-2-31Chapter 31. RepealedRepealed by Acts 1975, P.L.28, SEC.1.

IC 8-2-32Chapter 32. RepealedRepealed by P.L.72-1988, SEC.10.

IC 8-2.1ARTICLE 2.1. MOTOR CARRIER REGULATION

Ch. 1.Repealed Ch. 2.Repealed Ch. 3.Repealed Ch. 4.Repealed Ch. 5.Repealed Ch. 6.Repealed Ch. 7.Repealed Ch. 8.Repealed Ch. 9.Repealed Ch. 10.Repealed Ch. 11.Repealed Ch. 12.Repealed Ch. 13.Repealed Ch. 14.Repealed Ch. 15.Repealed Ch. 16.Repealed Ch. 17.Definitions Ch. 18.Repealed Ch. 18.5.Charges by Motor Carriers That No Longer Provide Service in Indiana or Have Filed Bankruptcy Petition Ch. 19.For-Hire Vehicle Registration Ch. 19.1.Transportation Network Companies Ch. 19.3.Delivery Network Companies Ch. 20.Interstate Motor Carriers Ch. 21.Repealed Ch. 22.Transportation of Passengers and Household Goods Ch. 23.Motor Carrier Regulation Fund Ch. 24.Intrastate Motor Carrier Safety and Insurance Certification Ch. 25.Inspection of Commercial Buses Used in Organizational Activities Ch. 26.Invalidity of Indemnity Agreements in Motor Carrier Transportation Contracts Ch. 27.Transportation of Food Ch. 28.Weigh-in-Motion Pilot Program

IC 8-2.1-1Chapter 1. RepealedRepealed by P.L.99-1989, SEC.37.

IC 8-2.1-2Chapter 2. RepealedRepealed by P.L.99-1989, SEC.37.

IC 8-2.1-3Chapter 3. RepealedRepealed by P.L.99-1989, SEC.37.

IC 8-2.1-4Chapter 4. RepealedRepealed by P.L.99-1989, SEC.37.

IC 8-2.1-5Chapter 5. RepealedRepealed by P.L.99-1989, SEC.37.

IC 8-2.1-6Chapter 6. RepealedRepealed by P.L.99-1989, SEC.37.

IC 8-2.1-7Chapter 7. RepealedRepealed by P.L.99-1989, SEC.37.

IC 8-2.1-8Chapter 8. RepealedRepealed by P.L.99-1989, SEC.37.

IC 8-2.1-9Chapter 9. RepealedRepealed by P.L.99-1989, SEC.37.

IC 8-2.1-10Chapter 10. RepealedRepealed by P.L.99-1989, SEC.37.

IC 8-2.1-11Chapter 11. RepealedRepealed by P.L.99-1989, SEC.37.

IC 8-2.1-12Chapter 12. RepealedRepealed by P.L.99-1989, SEC.37.

IC 8-2.1-13Chapter 13. RepealedRepealed by P.L.99-1989, SEC.37.

IC 8-2.1-14Chapter 14. RepealedRepealed by P.L.99-1989, SEC.37.

IC 8-2.1-15Chapter 15. RepealedRepealed by P.L.99-1989, SEC.37.

IC 8-2.1-16Chapter 16. RepealedRepealed by P.L.99-1989, SEC.37.

IC 8-2.1-17Chapter 17. Definitions

8-2.1-17-0.1Repealed 8-2.1-17-1Application 8-2.1-17-2"Broker" 8-2.1-17-3"Certificate" 8-2.1-17-4"Common carrier" 8-2.1-17-5"Contract carrier" 8-2.1-17-5.2"Delivery available period" 8-2.1-17-5.3"Delivery network company" 8-2.1-17-5.4"Delivery service period" 8-2.1-17-5.5"Delivery services" 8-2.1-17-5.6"DNC customer" 8-2.1-17-5.7"DNC driver" 8-2.1-17-6"Department" 8-2.1-17-6.5"Digital network" 8-2.1-17-7"Emergency temporary authority" 8-2.1-17-7.5"Freight forwarder" 8-2.1-17-8"Household mover" 8-2.1-17-9"Household goods" 8-2.1-17-9.1"Leasing company" 8-2.1-17-9.3"Limousine" 8-2.1-17-10"Motor carrier" 8-2.1-17-11"Motor vehicle" 8-2.1-17-11.2"Motor vehicle insurance" 8-2.1-17-12"Permit" 8-2.1-17-13"Person" 8-2.1-17-13.2"Personal vehicle" 8-2.1-17-13.5"Prearranged ride" 8-2.1-17-14"Public highway" 8-2.1-17-15Repealed 8-2.1-17-16"Taxicab" 8-2.1-17-17"Temporary authority" 8-2.1-17-18"Transportation network company" or "TNC" 8-2.1-17-19"TNC driver" 8-2.1-17-20"TNC rider"

IC 8-2.1-17-0.1RepealedAs added by P.L.220-2011, SEC.189. Repealed by P.L.7-2015, SEC.17.

IC 8-2.1-17-1Application Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.99-1989, SEC.8.

IC 8-2.1-17-2"Broker" Sec. 2. "Broker" means:

(1) a person who:

(A) is not a common carrier or contract carrier;

(B) is not a bona fide employee or agent of a common or contract carrier; and

(2) a person who negotiates for, or professes to be, by solicitation, advertisement, or otherwise, a person who sells, provides, furnishes, contracts, or arranges for transportation service subject to regulation under this article.

As added by P.L.99-1989, SEC.8. Amended by P.L.110-1995, SEC.1; P.L.42-2007, SEC.1.

IC 8-2.1-17-3"Certificate" Sec. 3. "Certificate" means:

(1) the certificate issued by the department to an intrastate motor carrier; or

(2) the acknowledgment issued by the department to an interstate common carrier or a contract carrier.

As added by P.L.99-1989, SEC.8. Amended by P.L.110-1995, SEC.2.

IC 8-2.1-17-4"Common carrier" Sec. 4. "Common carrier" means a person that is regulated as a common carrier under this article.

As added by P.L.99-1989, SEC.8.

IC 8-2.1-17-5"Contract carrier" Sec. 5. "Contract carrier" means a person that is regulated as a contract carrier under this article.

As added by P.L.99-1989, SEC.8.

IC 8-2.1-17-5.2"Delivery available period" Sec. 5.2. "Delivery available period" means the period of time when a DNC driver is:

(1) logged on to a digital network;

(2) available to receive requests to provide delivery services from a DNC;

(3) operating a personal vehicle; and

(4) not providing delivery services or operating in the delivery service period.

As added by P.L.215-2023, SEC.1.

IC 8-2.1-17-5.3"Delivery network company" Sec. 5.3. "Delivery network company" or "DNC" means an entity that:

(1) does business in Indiana; and

(2) uses a digital network to connect DNC customers to DNC drivers to request the delivery of goods.

As added by P.L.215-2023, SEC.2.

IC 8-2.1-17-5.4"Delivery service period" Sec. 5.4. "Delivery service period" means the period of time that:

(1) begins when a DNC driver operates a personal vehicle en route to pick up at least one (1) good for a delivery or series of deliveries as documented by a digital network, regardless of when the DNC driver accepts the request from a DNC to provide delivery services;

(2) continues while the DNC driver transports the requested good or goods; and

(3) ends upon:

(A) delivery of the requested good or goods at the direction of the DNC customer or the last DNC customer in a series of deliveries; or

(B) delivery or return of the requested good or goods to a location designated by the DNC.

As added by P.L.215-2023, SEC.3.

IC 8-2.1-17-5.5"Delivery services" Sec. 5.5. "Delivery services" means the fulfillment of a delivery request made by a DNC customer through a digital network, including the:

(1) pickup of a good; and

(2) delivery of the good at the direction of a DNC customer by a DNC driver.

The term may include a series of deliveries at the direction of different DNC customers.

As added by P.L.215-2023, SEC.4.

IC 8-2.1-17-5.6"DNC customer" Sec. 5.6. "DNC customer" means an individual who uses a digital network to order the delivery of a good to be delivered by a DNC driver at the direction of the individual.

As added by P.L.215-2023, SEC.5.

IC 8-2.1-17-5.7"DNC driver" Sec. 5.7. "DNC driver" means an individual who provides delivery services using a personal vehicle through a digital network.

As added by P.L.215-2023, SEC.6.

IC 8-2.1-17-6"Department" Sec. 6. "Department" refers to the department of state revenue.

As added by P.L.99-1989, SEC.8.

IC 8-2.1-17-6.5"Digital network" Sec. 6.5. (a) "Digital network", for purposes of IC 8-2.1-19.1, means an online enabled application, software, website, or system offered or used by a TNC to enable the prearrangement of rides with TNC drivers.

(b) "Digital network", for purposes of this chapter and IC 8-2.1-19.3, means an online enabled application, software, website, or system offered or used by a DNC to enable deliveries with DNC drivers.

As added by P.L.175-2015, SEC.1. Amended by P.L.215-2023, SEC.7; P.L.205-2025, SEC.25; P.L.227-2025, SEC.2.

IC 8-2.1-17-7"Emergency temporary authority" Sec. 7. "Emergency temporary authority" means limited term motor carrier operating authority issued for periods of thirty (30) days or less to meet an immediate and urgent need for service due to emergencies, in which time or circumstances do not reasonably permit the filing and processing of an application for temporary authority.

As added by P.L.99-1989, SEC.8.

IC 8-2.1-17-7.5"Freight forwarder" Sec. 7.5. "Freight forwarder" means any person that:

(1) holds itself out to the general public (other than as a pipeline, rail, motor, air, or water carrier) as a provider of transportation of property for compensation; and

(2) in the ordinary course of its business:

(A) assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for breakbulk and distribution operations of the shipments;

(B) assumes responsibility for the transportation from the place of receipt to the place of destination; and

(C) uses a carrier subject to this article for any part of the transportation from the place of receipt to the place of destination.

As added by P.L.42-2007, SEC.2.

IC 8-2.1-17-8"Household mover" Sec. 8. "Household mover" means any person who undertakes, whether directly or by a lease or other arrangement, to transport household goods by motor vehicle for compensation on any public highway between two (2) or more points in Indiana, whether over regular or irregular routes, in excess of one thousand (1,000) pounds per shipment for a single shipper regardless of the number of trips or movements made for the same shipper.

As added by P.L.99-1989, SEC.8.

IC 8-2.1-17-9"Household goods" Sec. 9. (a) "Household goods" means:

(1) personal effects and property used or to be used in a dwelling when the effects and property are parts of the equipment or supply of that dwelling;

(2) furniture, fixtures, equipment and the property of stores, offices, museums, institutions, hospitals, or other establishments when these items are parts of the stock, equipment, or supply of those stores, offices, museums, institutions, hospitals, or other establishments; and

(3) articles including objects of art, displays, and exhibits that because of their unusual nature or value require the specialized handling and equipment usually employed in moving household goods.

(b) Subsection (a)(1) does not include property moving from a factory or store, except property that the householder has purchased with intent to use in the dwelling and that is transported at the request of, and the transportation charges paid to the carrier by, the householder. Subsection (a)(2) does not include the stock-in-trade of any establishment, whether consignor or consignee, other than used furniture and used fixtures, except when transported as an incident to the removal of the establishment, or a portion thereof, from one (1) location to another. Subsection (a)(3) does not include any article, whether crated or uncrated, that does not, because of its unusual nature or value, require the specialized handling and equipment usually employed in moving household goods.

As added by P.L.99-1989, SEC.8.

IC 8-2.1-17-9.1"Leasing company" Sec. 9.1. "Leasing company" means a lessor that is engaged in the business of leasing or renting for compensation motor vehicles without drivers to a motor carrier, motor private carrier, or freight forwarder.

As added by P.L.42-2007, SEC.3.

IC 8-2.1-17-9.3"Limousine" Sec. 9.3. "Limousine" means a motor vehicle that:

(1) is a passenger vehicle; and

(2) is designed and constructed to accommodate and transport not more than fifteen (15) passengers, including the driver.

As added by P.L.70-1990, SEC.1.

IC 8-2.1-17-10"Motor carrier" Sec. 10. "Motor carrier" means a common carrier, contract carrier, or carrier certified in accordance with rules adopted by the department under IC 4-22-2.

As added by P.L.99-1989, SEC.8. Amended by P.L.110-1995, SEC.3.

IC 8-2.1-17-11"Motor vehicle" Sec. 11. "Motor vehicle" means a truck, a tractor, a trailer, a semitrailer, a motor bus or another self-propelled or motor driven vehicle that is operated upon a public highway for the purpose of transporting persons or property for hire.

As added by P.L.99-1989, SEC.8.

IC 8-2.1-17-11.2"Motor vehicle insurance" Sec. 11.2. "Motor vehicle insurance" means any type of insurance described in IC 27-1-5-1, Class 2(f).

As added by P.L.175-2015, SEC.2.

IC 8-2.1-17-12"Permit" Sec. 12. "Permit" means:

(1) the permit issued by the department to an intrastate contract carrier; and

(2) the acknowledgment issued by the department to an interstate contract carrier as evidence of the registration of the contract carrier's interstate contract authority.

As added by P.L.99-1989, SEC.8.

IC 8-2.1-17-13"Person" Sec. 13. "Person" means an individual, corporation, firm, or partnership.

As added by P.L.99-1989, SEC.8.

IC 8-2.1-17-13.2"Personal vehicle" Sec. 13.2. (a) "Personal vehicle", for purposes of sections 13.5, 16, 19, and 20 of this chapter, IC 8-2.1-19, and IC 8-2.1-19.1, means a vehicle that is:

(1) used by a TNC driver to provide a prearranged ride;

(2) owned, leased, or otherwise authorized for use by the TNC driver; and

(3) not a taxicab, limousine, or other for hire vehicle.

(b) "Personal vehicle", for purposes of sections 5.2, 5.4, and 5.7 of this chapter and IC 8-2.1-19.3, means a vehicle that is:

(1) used by a DNC driver to provide delivery services through a digital network; and

(2) owned, leased, or otherwise authorized for use by a DNC driver.

As added by P.L.175-2015, SEC.3. Amended by P.L.215-2023, SEC.8.

IC 8-2.1-17-13.5"Prearranged ride" Sec. 13.5. (a) "Prearranged ride" means the provision of transportation by a TNC driver to a TNC rider:

(1) beginning when the TNC driver accepts a TNC rider's request for a ride through a digital network controlled by a TNC;

(2) continuing while the TNC driver transports the requesting TNC rider; and

(3) ending when the last requesting TNC rider departs from the personal vehicle.

(b) The term "prearranged ride" does not include transportation provided through any of the following:

(1) A shared expense carpool or vanpool arrangement.

(2) Use of a taxicab, limousine, or other for hire vehicle.

(3) A regional transportation authority established under IC 36-9-3.

As added by P.L.175-2015, SEC.4.

IC 8-2.1-17-14"Public highway" Sec. 14. "Public highway" means a street, alley, road, highway, or thoroughfare in Indiana used by the traveling public.

As added by P.L.99-1989, SEC.8.

IC 8-2.1-17-15RepealedAs added by P.L.99-1989, SEC.8. Repealed by P.L.110-1995, SEC.35.

IC 8-2.1-17-16"Taxicab" Sec. 16. "Taxicab" means a motor vehicle that:

(1) is designed and constructed to accommodate and transport not more than six (6) passengers in addition to the driver;

(2) does not operate over any definite and designated routes within the corporate boundaries of a city or town and the suburban territory of a city or town; and

(3) transports passengers to the destination designated by the passengers at the time of their transportation.

The term does not include a personal vehicle operated by a TNC driver.

As added by P.L.99-1989, SEC.8. Amended by P.L.175-2015, SEC.5.

IC 8-2.1-17-17"Temporary authority" Sec. 17. "Temporary authority" means limited term motor carrier operating authority issued for periods up to one hundred eighty (180) days by the department to authorize transportation service for which there is an immediate and urgent need and that cannot be met by other motor carrier service. The term includes emergency temporary authority.

As added by P.L.99-1989, SEC.8.

IC 8-2.1-17-18"Transportation network company" or "TNC" Sec. 18. "Transportation network company" or "TNC" means an entity that:

(1) does business in Indiana; and

(2) uses a digital network to connect TNC riders to TNC drivers to request prearranged rides.

As added by P.L.175-2015, SEC.6.

IC 8-2.1-17-19"TNC driver" Sec. 19. "TNC driver" means an individual who:

(1) receives:

(A) connections to potential TNC riders; and

(B) related services;

from a TNC in exchange for payment of a fee to the TNC; and

(2) uses a personal vehicle to offer or provide prearranged rides to TNC riders:

(A) upon connection through a digital network controlled by the TNC; and

(B) in exchange for compensation or payment of a fee.

As added by P.L.175-2015, SEC.7.

IC 8-2.1-17-20"TNC rider" Sec. 20. "TNC rider" means an individual who uses a TNC's digital network to connect with a TNC driver who provides to the individual a prearranged ride:

(1) in the TNC driver's personal vehicle; and

(2) between points chosen by the individual.

As added by P.L.175-2015, SEC.8.

IC 8-2.1-18Chapter 18. RepealedRepealed by P.L.110-1995, SEC.35.

IC 8-2.1-18.5Chapter 18.5. Charges by Motor Carriers That No Longer Provide Service in Indiana or Have Filed Bankruptcy Petition

8-2.1-18.5-1Application of chapter 8-2.1-18.5-2Additional charges for transportation service previously provided

IC 8-2.1-18.5-1Application of chapter Sec. 1. This chapter applies to a motor carrier if the motor carrier:

(1) shipped goods intrastate within Indiana under a tariff or permit issued by a governmental body that is or was authorized by a statute to regulate the shipment; and

(2) is no longer providing service within Indiana or has filed a petition for bankruptcy.

As added by P.L.111-1995, SEC.1.

IC 8-2.1-18.5-2Additional charges for transportation service previously provided Sec. 2. A motor carrier or a party representing a motor carrier may not add to a charge or attempt to add to a charge for a transportation service previously provided, the difference between:

(1) an applicable rate, fare, or charge that was lawfully in effect under a tariff filed for the motor carrier and applicable to the transportation service on the date the transportation service was provided; and

(2) the rate, fare, or charge paid for the transportation service;

if payment for the transportation service was received by the motor carrier or its representative at least ninety (90) days before the motor carrier's attempt to add to the rate, fare, or charge.

As added by P.L.111-1995, SEC.1.

IC 8-2.1-19Chapter 19. For-Hire Vehicle Registration

8-2.1-19-1Instrument required 8-2.1-19-2Contents of instrument 8-2.1-19-3Application of chapter

IC 8-2.1-19-1Instrument required 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 department until the department furnishes the bureau of motor vehicles with an instrument.

As added by P.L.99-1989, SEC.10.

IC 8-2.1-19-2Contents of instrument 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.99-1989, SEC.10.

IC 8-2.1-19-3Application of chapter 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.

IC 8-2.1-19.1Chapter 19.1. Transportation Network Companies

8-2.1-19.1-1Permit required 8-2.1-19.1-2Distinguished from carriers 8-2.1-19.1-3Permit requirements 8-2.1-19.1-4TNC driver is independent contractor; TNC does not control 8-2.1-19.1-5TNC driver requirements before acting as a TNC driver 8-2.1-19.1-6Drug and alcohol policy 8-2.1-19.1-7Vehicle equipment compliance 8-2.1-19.1-8Motor vehicle insurance requirements; proof of coverage; payment for repairs 8-2.1-19.1-9Disclosures concerning motor vehicle insurance coverage 8-2.1-19.1-10Exclusions of coverage permitted 8-2.1-19.1-11Coverage exclusion; duty to defend, indemnify; right of contribution 8-2.1-19.1-12Claim coverage investigation 8-2.1-19.1-13Fare guidelines; payment 8-2.1-19.1-14Privacy policy 8-2.1-19.1-15Nondiscrimination and accessibility 8-2.1-19.1-16Record maintenance requirements 8-2.1-19.1-17Display of TNC driver's photograph and license plate number 8-2.1-19.1-18Electronic receipt 8-2.1-19.1-19Street hail prohibition 8-2.1-19.1-20Violation

IC 8-2.1-19.1-1Permit required Sec. 1. (a) A transportation network company may not operate in Indiana without a permit issued under section 3 of this chapter.

(b) A permit is valid for one (1) year after the date of issuance.

As added by P.L.175-2015, SEC.10.

IC 8-2.1-19.1-2Distinguished from carriers Sec. 2. A TNC or a TNC driver is not:

(1) a common carrier;

(2) a contract carrier; or

(3) a motor carrier.

As added by P.L.175-2015, SEC.10.

IC 8-2.1-19.1-3Permit requirements Sec. 3. The department shall issue a permit to a TNC that satisfies the following requirements:

(1) Establishes a zero tolerance policy for drug and alcohol use under section 6 of this chapter.

(2) Requires compliance with applicable vehicle requirements under section 7 of this chapter.

(3) Imposes motor vehicle insurance requirements that meet or exceed the requirements under section 8 of this chapter.

(4) Establishes fare guidelines under section 13 of this chapter.

(5) Establishes a privacy policy under section 14 of this chapter.

(6) Adopts nondiscrimination and accessibility policies under section 15 of this chapter.

(7) Establishes record maintenance guidelines under section 16 of this chapter.

As added by P.L.175-2015, SEC.10.

IC 8-2.1-19.1-4TNC driver is independent contractor; TNC does not control Sec. 4. Except as otherwise provided in a written contract:

(1) a TNC driver who connects to a TNC's digital network is an independent contractor of the TNC; and

(2) a TNC is not considered to do either of the following:

(A) Control, direct, or manage a TNC driver who connects to the TNC's digital network.

(B) Own, control, operate, or manage a personal vehicle used by a TNC driver to provide prearranged rides.

As added by P.L.175-2015, SEC.10.

IC 8-2.1-19.1-5TNC driver requirements before acting as a TNC driver Sec. 5. (a) Before a TNC allows an individual to act as a TNC driver on the TNC's digital network, the TNC shall:

(1) require the individual to submit to the TNC an application that includes:

(A) the individual's name, address, and age;

(B) a copy of the individual's driver's license;

(C) a copy of the certificate of registration for the personal vehicle that the individual will use to provide prearranged rides;

(D) proof of financial responsibility for the personal vehicle described in clause (C) of a type and in the amounts required by the TNC; and

(E) any other information required by the TNC;

(2) with respect to the individual, conduct, or contract with a third party to conduct:

(A) a local and national criminal background check; and

(B) a search of the national sex offender registry; and

(3) obtain a copy of the individual's driving record maintained under IC 9-14-12-3.

(b) A TNC may not knowingly allow to act as a TNC driver on the TNC's digital network an individual:

(1) who has received judgments for:

(A) more than three (3) moving traffic violations; or

(B) at least one (1) violation involving reckless driving or driving on a suspended or revoked license;

in the preceding three (3) years;

(2) who has been convicted of a:

(A) felony; or

(B) misdemeanor involving:

(i) resisting law enforcement;

(ii) dishonesty;

(iii) injury to a person;

(iv) operating while intoxicated;

(v) operating a vehicle in a manner that endangers a person;

(vi) operating a vehicle with a suspended or revoked license; or

(vii) damage to the property of another person;

in the preceding seven (7) years;

(3) who is a match in the national sex offender registry;

(4) who is unable to provide information required under subsection (a); or

(5) who is less than nineteen (19) years of age.

As added by P.L.175-2015, SEC.10. Amended by P.L.198-2016, SEC.60.

IC 8-2.1-19.1-6Drug and alcohol policy Sec. 6. (a) A TNC shall establish and enforce a zero tolerance policy for drug and alcohol use by TNC drivers during any period when a TNC driver is engaged in, or is logged into the TNC's digital network but is not engaged in, a prearranged ride. The policy must include provisions for:

(1) investigations of alleged policy violations; and

(2) suspensions of TNC drivers under investigation.

(b) A TNC shall publish on the TNC's digital network:

(1) the policy established under subsection (a); and

(2) the procedure by which a TNC rider may report a violation of the policy by a TNC driver.

As added by P.L.175-2015, SEC.10.

IC 8-2.1-19.1-7Vehicle equipment compliance Sec. 7. A TNC must require that a personal vehicle used to provide prearranged rides must comply with all applicable laws and regulations concerning vehicle equipment.

As added by P.L.175-2015, SEC.10.

IC 8-2.1-19.1-8Motor vehicle insurance requirements; proof of coverage; payment for repairs Sec. 8. (a) Not later than July 15, 2015, a TNC driver, or a TNC on the TNC driver's behalf, shall maintain primary motor vehicle insurance that meets the following requirements:

(1) The motor vehicle insurance is issued:

(A) by an insurance company that holds a certificate of authority to do insurance business in Indiana under IC 27-1-3-20; or

(B) through a surplus lines producer licensed under IC 27-1-15.8.

(2) The language of the motor vehicle insurance policy:

(A) recognizes that the driver is a TNC driver or otherwise uses the personal vehicle to transport passengers for compensation; and

(B) covers the driver while the driver is:

(i) logged on to the TNC's digital network; or

(ii) engaged in a prearranged ride.

(3) The motor vehicle insurance must meet the following coverage requirements while a TNC driver is logged on to the TNC's digital network, but is not engaged in a prearranged ride:

(A) Primary motor vehicle liability insurance in an amount equal to at least:

(i) fifty thousand dollars ($50,000) per person for death and bodily injury;

(ii) one hundred thousand dollars ($100,000) per incident for death and bodily injury;

(iii) before July 1, 2024, twenty-five thousand dollars ($25,000) per incident for property damage; and

(iv) after June 30, 2024, fifty thousand dollars ($50,000) per incident for property damage.

(B) The insurance required by clause (A) may be provided by any of the following:

(i) Motor vehicle insurance maintained by the TNC driver.

(ii) Motor vehicle insurance maintained by the TNC.

(iii) Motor vehicle insurance maintained by any combination of persons or entities under items (i) and (ii).

(4) The motor vehicle insurance must meet the following coverage requirements while a TNC driver is engaged in a prearranged ride:

(A) Primary motor vehicle liability insurance in an amount equal to at least one million dollars ($1,000,000) per incident for death, bodily injury, and property damage.

(B) The insurance required by clause (A) may be provided by any of the following:

(i) Motor vehicle insurance maintained by the TNC driver.

(ii) Motor vehicle insurance maintained by the TNC.

(iii) Motor vehicle insurance maintained by any combination of persons or entities under items (i) and (ii).

(b) If motor vehicle insurance maintained by a TNC driver as described in subsection (a) lapses or does not provide the required coverage:

(1) motor vehicle insurance maintained by the TNC must provide the required coverage beginning with the first dollar of a claim; and

(2) the insurance company that issues the motor vehicle insurance described in subdivision (1) has a duty to defend the claim described in subdivision (1).

(c) Coverage under motor vehicle insurance maintained by a TNC may not be dependent on a personal motor vehicle insurance company's first denying a claim for coverage under a personal motor vehicle insurance policy, nor may a personal motor vehicle insurance company be required to first deny a claim.

(d) A motor vehicle insurance policy that meets the coverage requirements of subsection (a) satisfies the financial responsibility requirement of IC 9-25 while the driver of the personal vehicle is:

(1) logged on to the TNC's digital network; or

(2) engaged in a prearranged ride.

(e) A TNC driver shall do the following:

(1) At all times during which the TNC driver uses a personal vehicle in connection with a TNC's digital network, carry proof of the coverage required by subsection (a).

(2) In the event of an accident, upon request, provide to directly interested parties, motor vehicle insurance companies, and investigating law enforcement officers:

(A) the proof described in subdivision (1); and

(B) a disclosure of whether the TNC driver was:

(i) logged on to the TNC's digital network; or

(ii) engaged in a prearranged ride;

at the time of the accident.

Information provided under this subdivision may be provided in electronic form under IC 27-1-43-3, as applicable.

(f) If a TNC's motor vehicle insurance provides comprehensive coverage or collision coverage for a claim for repair to a personal vehicle, the TNC shall direct the insurance company to make the claim payment:

(1) directly to the person that repairs the personal vehicle as payment in full for the completed repairs; or

(2) jointly to:

(A) the owner of; and

(B) any primary lienholder on;

the personal vehicle.

As added by P.L.175-2015, SEC.10. Amended by P.L.85-2017, SEC.38; P.L.215-2023, SEC.9.

IC 8-2.1-19.1-9Disclosures concerning motor vehicle insurance coverage Sec. 9. A TNC shall, before the TNC allows a TNC driver to accept a request for a prearranged ride on the TNC's digital network, disclose in writing to the TNC 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 TNC provides while the TNC driver uses a personal vehicle in connection with a TNC's digital network.

(2) That the terms of the TNC driver's own motor vehicle insurance policy may not provide coverage while the TNC driver is:

(A) logged on to the TNC's digital network; or

(B) engaged in a prearranged ride.

As added by P.L.175-2015, SEC.10.

IC 8-2.1-19.1-10Exclusions of coverage permitted Sec. 10. (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 while the driver is:

(1) logged on to a TNC's digital network; or

(2) engaged in a prearranged ride.

(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.

(d) This chapter does not do either of the following:

(1) Require a personal motor vehicle insurance policy to provide coverage while the driver is:

(A) logged on to a TNC's digital network;

(B) engaged in a prearranged ride; or

(2) Preclude an insurance company from providing the coverage described in subdivision (1) under a contract or an endorsement.

As added by P.L.175-2015, SEC.10.

IC 8-2.1-19.1-11Coverage exclusion; duty to defend, indemnify; right of contribution Sec. 11. (a) An insurance company that excludes coverage described in section 10 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:

(A) used to carry an individual or property for a charge; or

(B) available for hire by the public; 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, 2015.

(c) An insurance company that defends or indemnifies a claim against a TNC 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 TNC driver:

(1) in satisfaction of the requirements of section 8 of this chapter; and

(2) in effect at the time the loss occurs.

As added by P.L.175-2015, SEC.10.

IC 8-2.1-19.1-12Claim coverage investigation Sec. 12. In a claim coverage investigation, a TNC and an insurance company that issues a motor vehicle insurance policy potentially providing the coverage required by section 8 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 TNC driver, including:

(1) the precise time that a TNC driver logs on to and off of the TNC's digital network 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 8 of this chapter.

As added by P.L.175-2015, SEC.10.

IC 8-2.1-19.1-13Fare guidelines; payment Sec. 13. (a) A TNC shall establish guidelines under which a TNC may charge a fare for prearranged rides. The guidelines must require the following:

(1) Disclosure of the fare calculation method on the TNC's digital network.

(2) Publication to TNC riders of applicable rates at the time of service.

(3) Providing a TNC rider the option to receive an estimated fare before the TNC rider enters a personal vehicle operated by a TNC driver.

(4) Payment of a fare only by electronic means using the TNC's digital network.

(b) A TNC driver may not solicit or accept cash payments from TNC riders.

As added by P.L.175-2015, SEC.10.

IC 8-2.1-19.1-14Privacy policy Sec. 14. (a) A TNC shall establish a privacy policy to protect the personal identifying information of a TNC rider.

(b) A policy established under subsection (a) shall prohibit the disclosure of a TNC rider's personal identifying information unless:

(1) the TNC rider consents in writing to the disclosure;

(2) the disclosure is required under law; or

(3) the disclosure is necessary to:

(A) protect or defend; or

(B) investigate violations of;

the terms of use of prearranged rides.

(c) A policy established under subsection (a) may authorize the disclosure of a TNC rider's name and telephone number by a TNC to a TNC driver to facilitate the provision of prearranged rides by the TNC driver to the TNC rider.

As added by P.L.175-2015, SEC.10.

IC 8-2.1-19.1-15Nondiscrimination and accessibility Sec. 15. (a) A TNC shall adopt policies concerning nondiscrimination and accessibility that comply with state and federal law.

(b) A TNC may not impose an additional charge on or a different fare schedule for a TNC rider who is an individual with a disability.

(c) At the time a TNC rider requests a prearranged ride through a TNC's digital network, the TNC shall provide the TNC rider an opportunity to indicate whether the TNC rider requires a vehicle that is wheelchair accessible. If the TNC is unable to make available a vehicle that is wheelchair accessible, the TNC shall inform the TNC rider of an alternative service that is wheelchair accessible.

As added by P.L.175-2015, SEC.10.

IC 8-2.1-19.1-16Record 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.

IC 8-2.1-19.1-17Display 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.

IC 8-2.1-19.1-18Electronic 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.

IC 8-2.1-19.1-19Street hail prohibition Sec. 19. A TNC or a TNC driver may not solicit or accept street hails.

As added by P.L.175-2015, SEC.10.

IC 8-2.1-19.1-20Violation Sec. 20. A person that violates this chapter commits a Class A infraction.

As added by P.L.175-2015, SEC.10.

IC 8-2.1-19.3Chapter 19.3. Delivery Network Companies

8-2.1-19.3-1Application of chapter 8-2.1-19.3-2DNC driver is independent contractor; DNC does not control 8-2.1-19.3-3Motor vehicle insurance requirements; proof of coverage 8-2.1-19.3-4Disclosures concerning motor vehicle insurance coverage 8-2.1-19.3-5Exclusions of coverage permitted 8-2.1-19.3-6Coverage exclusions; duty to defend; indemnify; right of contribution 8-2.1-19.3-7Claim coverage investigation 8-2.1-19.3-8Construction of chapter

IC 8-2.1-19.3-1Application of chapter Sec. 1. This chapter applies after June 30, 2024.

As added by P.L.215-2023, SEC.10.

IC 8-2.1-19.3-2DNC 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.

IC 8-2.1-19.3-3Motor vehicle insurance requirements; proof of coverage Sec. 3. (a) A DNC driver, or a DNC on the DNC driver's behalf, shall maintain primary motor vehicle insurance that meets the following requirements:

(1) The motor vehicle insurance is issued:

(A) by an insurance company that holds a certificate of authority to do insurance business in Indiana under IC 27-1-3-20; or

(B) through a surplus lines producer licensed under IC 27-1-15.8.

(2) The language of the motor vehicle insurance policy:

(A) recognizes that the driver is a DNC driver or otherwise uses the personal vehicle to provide delivery services; and

(B) covers the driver during the delivery available period and the delivery service period.

(3) The motor vehicle insurance must meet the following coverage requirements during the delivery available period:

(A) Primary motor vehicle liability insurance in an amount equal to at least:

(i) fifty thousand dollars ($50,000) per person for death and bodily injury;

(ii) one hundred thousand dollars ($100,000) per incident for death and bodily injury; and

(iii) fifty thousand dollars ($50,000) per incident for property damage.

(B) The insurance required by clause (A) may be provided by any of the following:

(i) Motor vehicle insurance maintained by the DNC driver.

(ii) Motor vehicle insurance maintained by the DNC.

(iii) Motor vehicle insurance maintained by any combination of persons or entities under items (i) and (ii).

(4) The motor vehicle insurance must meet the following coverage during the delivery service period:

(A) Primary motor vehicle liability insurance in an amount equal to at least one million dollars ($1,000,000) per incident for death, bodily injury, and property damage.

(B) The insurance required by clause (A) may be provided by any of the following:

(i) Motor vehicle insurance maintained by the DNC driver.

(ii) Motor vehicle insurance maintained by the DNC.

(iii) Motor vehicle insurance maintained by any combination of persons or entities under items (i) and (ii).

(b) If motor vehicle insurance maintained by a DNC driver as described in subsection (a) lapses or does not provide the required coverage:

(1) motor vehicle insurance maintained by the DNC must provide the required coverage beginning with the first dollar of a claim; and

(2) the insurance company that issues the motor vehicle insurance described in subdivision (1) has a duty to defend the claim described in subdivision (1).

(c) Coverage under motor vehicle insurance maintained by a DNC may not be dependent on a personal motor vehicle insurance company's first denying a claim for coverage under a personal motor vehicle insurance policy, nor may a personal motor vehicle insurance company be required to first deny a claim.

(d) A motor vehicle insurance policy that meets the coverage requirements of subsection (a) satisfies the financial responsibility requirement of IC 9-25 during the delivery available period and delivery service period.

(e) A DNC driver shall do the following:

(1) At all times during which the DNC driver uses a personal vehicle in connection with a DNC's digital network, carry proof of the coverage required by subsection (a).

(2) In the event of an accident, upon request, provide to directly interested parties, motor vehicle insurance companies, and investigating law enforcement officers:

(A) the proof described in subdivision (1); and

(B) a disclosure of whether the DNC driver was operating during the:

(i) delivery available period; or

(ii) delivery service period;

at the time of the accident.

Information provided under this subdivision may be provided in electronic form under IC 27-1-43-3, as applicable.

As added by P.L.215-2023, SEC.10.

IC 8-2.1-19.3-4Disclosures 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.

IC 8-2.1-19.3-5Exclusions 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.

(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.

IC 8-2.1-19.3-6Coverage 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.

IC 8-2.1-19.3-7Claim 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

(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

the information required by subsection (a).

As added by P.L.215-2023, SEC.10.

IC 8-2.1-19.3-8Construction 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.

IC 8-2.1-20Chapter 20. Interstate Motor Carriers

8-2.1-20-0.1Application of certain amendments to chapter; delay of repeal of single state registration system by Congress; termination of application of amendments in Indiana 8-2.1-20-1Repealed 8-2.1-20-2Repealed 8-2.1-20-3Repealed 8-2.1-20-4Applicability of chapter 8-2.1-20-5Registration of certificate or permit; issuance of acknowledgment 8-2.1-20-7Unified carrier registration system 8-2.1-20-8Fees 8-2.1-20-9Effect on reciprocity; conflict with federal law and regulations 8-2.1-20-10Violation

IC 8-2.1-20-0.1Application 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.

IC 8-2.1-20-1RepealedAs added by P.L.99-1989, SEC.11. Amended by P.L.1-1990, SEC.116. Repealed by P.L.110-1995, SEC.35.

IC 8-2.1-20-2RepealedAs added by P.L.99-1989, SEC.11. Repealed by P.L.110-1995, SEC.35.

IC 8-2.1-20-3RepealedAs added by P.L.99-1989, SEC.11. Repealed by P.L.110-1995, SEC.35.

IC 8-2.1-20-4Applicability 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.

IC 8-2.1-20-5Registration 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.

IC 8-2.1-20-7Unified 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.

IC 8-2.1-20-8Fees 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.

IC 8-2.1-20-9Effect 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.

IC 8-2.1-20-10Violation Sec. 10. A person who violates this chapter commits a Class C infraction.

As added by P.L.110-1995, SEC.9.

IC 8-2.1-21Chapter 21. RepealedRepealed by P.L.42-2007, SEC.20.

IC 8-2.1-22Chapter 22. Transportation of Passengers and Household Goods

8-2.1-22-0.1Application of certain amendments to chapter; delay of repeal of single state registration system by Congress; termination of application of amendments in Indiana 8-2.1-22-1Application 8-2.1-22-2Repealed 8-2.1-22-2.1Exemptions 8-2.1-22-3Powers and duties of department 8-2.1-22-4Inspection of books, equipment, and premises; examination of officers, agents, or employees; rules for vehicle inspection; complaints 8-2.1-22-5Witnesses; hearings; orders 8-2.1-22-6Reconsideration or rehearing 8-2.1-22-7Agreements with agencies of federal government or of another state; adoption of rules or orders of other agencies 8-2.1-22-8Cooperation with other state agencies 8-2.1-22-9Additional powers of department; employment and compensation of staff 8-2.1-22-10Establishment of competing transportation system by county, city, or town 8-2.1-22-11Repealed 8-2.1-22-12Repealed 8-2.1-22-12.5Issuance of certificate for transportation of household goods for compensation; considerations 8-2.1-22-12.8Annual registration; effect of failure to satisfy annual registration requirement 8-2.1-22-13Repealed 8-2.1-22-14Route deviation 8-2.1-22-15Ownership of certificate; sale or transfer 8-2.1-22-16Repealed 8-2.1-22-17Repealed 8-2.1-22-18Agreements with other common carriers; routes and rates; discrimination 8-2.1-22-19Complaints; fixing of routes or rates 8-2.1-22-20Filing of schedule stating new rate or charge; hearing; burden of proof; suspension 8-2.1-22-21Reasonableness of rates and charges; considerations 8-2.1-22-22Actions for recovery of charges or overcharges; limitations 8-2.1-22-22.5Violation involving consumer transaction 8-2.1-22-23Tariffs showing rates and services; filing and publication; compliance; change in fare or practice 8-2.1-22-24Contract carriers; reasonable minimum rates, fares, and charges; filing and publication; change 8-2.1-22-25Contract carriers; new service or reduced charge; hearing; suspension 8-2.1-22-26Contract carriers; filing of contract copies; examination for conformity to published schedule 8-2.1-22-27Repealed 8-2.1-22-27.5Brokerage license requirements 8-2.1-22-28Repealed 8-2.1-22-29Operation and impoundment of motor vehicle for hire; operating authority required 8-2.1-22-30Amendment, change, suspension, or revocation of certificate 8-2.1-22-31Broker's license; duration; fee; suspension or revocation 8-2.1-22-32Application of chapter 8-2.1-22-33Registration of vehicles 8-2.1-22-34Nonresident carriers; service of process 8-2.1-22-35Highway designation to prevent congestion; enforcement and notice of orders 8-2.1-22-36Temporary authority or emergency temporary authority for one trip or occasional trips 8-2.1-22-37War or national emergency; suspension of certificate 8-2.1-22-38Rebates, consideration, or discrimination in violation of chapter; assisting or permitting transportation at less than approved rate; fraudulent activity; operator of vehicle for hire not to operate until owner or lessor secures required authority 8-2.1-22-39Expiration of vehicle registrations 8-2.1-22-40Application forms for certificates to operate motor vehicles; fees 8-2.1-22-41Repealed 8-2.1-22-42Intrastate carriers; identification to be displayed on each vehicle 8-2.1-22-43Repealed 8-2.1-22-44Deposit of fees into motor carrier regulation fund 8-2.1-22-45Augmenting, interchanging, or leasing equipment 8-2.1-22-46Proof of financial responsibility; surety bond or insurance; violations and penalties

IC 8-2.1-22-0.1Application 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.

(2) January 1, 2008.

As added by P.L.220-2011, SEC.191.

IC 8-2.1-22-1Application 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.

IC 8-2.1-22-2RepealedAs 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.

IC 8-2.1-22-2.1Exemptions Sec. 2.1. (a) This chapter does not apply to the following:

(1) Motor vehicles used as school buses while engaged in the transportation of students, under the supervision, control, and direction of school authorities.

(2) Motor vehicles used exclusively as taxicabs.

(3) Motor vehicles while being used or operated under the control, direction, and supervision of:

(A) the United States government, the state, or a political subdivision; or

(B) the board of trustees of any state institution.

(4) Motor vehicles that are used to provide limited transportation services in conjunction with the operation of a hotel, campground, or food service facility but are not used as a common carrier. For the purpose of this subdivision, compensation for housing, camping, or food combined with transportation is not transportation by motor vehicle for compensation. However, transportation may not be performed for any person if, at the point of origin or within twenty-five (25) miles of that point, there is an equipment point as shown by a proper tariff of a carrier of passengers in Indiana that operates special or charter bus service under the jurisdiction of the department. Exemption from this chapter is not available under this subdivision unless the motor vehicles in question are provided with proof of financial responsibility of the type and in amounts as required of common carriers under IC 8-2.1-22-46.

(5) Motor vehicles that are used to provide regular route intercity passenger service.

(6) Motor vehicles that are used primarily for van pooling or other ride-sharing programs on a nonprofit basis.

(7) Motor vehicles that are used to provide transportation of passengers by a nonprofit corporation if that corporation receives revenue for the transportation service from federal, state, or local governments.

(8) A motor vehicle that:

(A) has a capacity of not less than seven (7) or more than forty (40) persons;

(B) is used to transport employees, including the driver, exclusively between their homes and their employer's place of business, or termini near those places, in a single daily round trip; and

(C) is owned or leased by an employer providing commuter van service, which means any person who provides or operates at least one (1) of those vehicles on a nonprofit basis, and whose service does not infringe upon or compete with any service that is provided by any common carrier regulated by the department.

(9) Motor vehicles certified as ambulances by the Indiana emergency medical services commission under IC 16-31.

(10) The casual, occasional, or reciprocal transportation of household effects or furniture for compensation, not including the transportation for hire of new household effects or furniture to or from a factory, warehouse, or store, by a person who:

(A) does not otherwise engage in the described transportation for compensation;

(B) is not required under this chapter to hold a certificate to engage in transportation or operation for hire; or

(b) This chapter does not apply to a limousine while the limousine is being used to transport at least one (1) person:

(1) from a place of departure; and

(2) to a destination;

within the corporate boundaries of a city or town if the legislative body of the city or town has adopted an ordinance under IC 36-9-2-4 that takes effect after July 1, 1991, and that regulates limousines within the corporate boundaries of the city or town.

As added by P.L.1-1991, SEC.78. Amended by P.L.2-1993, SEC.63; P.L.2-1995, SEC.40; P.L.110-1995, SEC.11; P.L.205-2025, SEC.26.

IC 8-2.1-22-3Powers 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.

IC 8-2.1-22-4Inspection 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 any person subject to this chapter has failed to comply with this chapter or with any requirement established under this chapter. If the department finds, upon the investigation, that the person has failed to comply with any provision or requirement, the department shall notify the common or contract carrier, in a manner prescribed by the department, to compel compliance.

As added by P.L.99-1989, SEC.13. Amended by P.L.205-2025, SEC.27.

IC 8-2.1-22-5Witnesses; 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.

IC 8-2.1-22-6Reconsideration 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.

IC 8-2.1-22-7Agreements 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.

IC 8-2.1-22-8Cooperation 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.

IC 8-2.1-22-9Additional 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.

IC 8-2.1-22-10Establishment 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 section 12.5 of this chapter.

As added by P.L.99-1989, SEC.13. Amended by P.L.205-2025, SEC.28.

IC 8-2.1-22-11RepealedAs added by P.L.99-1989, SEC.13. Repealed by P.L.205-2025, SEC.29.

IC 8-2.1-22-12RepealedAs added by P.L.99-1989, SEC.13. Repealed by P.L.110-1995, SEC.35.

IC 8-2.1-22-12.5Issuance of certificate for transportation of household goods for compensation; considerations Sec. 12.5. (a) Except as provided in this chapter, a person may not operate a motor vehicle as an intrastate carrier upon an Indiana public highway to transport household goods or passengers for compensation until the person has obtained a certificate from the department.

(b) In order to apply for a certificate to operate as an intrastate carrier of household goods or passengers, a person must submit the following to the department:

(1) Completed application forms prescribed by the department.

(2) A certificate of existence from the secretary of state.

(3) Proof of insurance in a format prescribed by the department.

(4) The tariff amount that the carrier intends to charge pursuant to section 23 of this chapter.

(5) In the case of a contract carrier, the contracts under which the carrier will be operating pursuant to section 26 of this chapter.

(d) In determining whether a certificate shall be granted, the department may, among other things, consider the following:

(1) Whether the applicant has any tax liabilities and has filed all appropriate tax returns with the department.

(2) Whether the applicant is up to date on all unified carrier registration payments.

(3) Whether the applicant has any current out of service orders issued by Federal Motor Carrier Safety Administration.

(4) Whether the applicant is properly insured.

(5) Whether the operations will threaten the safety of the public or be detrimental to the public welfare.

(e) Once the department approves an application, the department will issue a receipt of registration to the carrier in addition to issuing a certificate. The carrier must keep a copy of the receipt in each of its vehicles at all times.

As added by P.L.110-1995, SEC.12. Amended by P.L.205-2025, SEC.30.

IC 8-2.1-22-12.8Annual registration; effect of failure to satisfy annual registration requirement Sec. 12.8. A carrier that has been issued a certificate to transport household goods or passengers for compensation will be subject to the annual registration receipt requirements under IC 8-2.1-24-20. A carrier that fails to meet the requirements under that provision may have their certificate denied by the department.

As added by P.L.205-2025, SEC.31.

IC 8-2.1-22-13RepealedAs added by P.L.99-1989, SEC.13. Repealed by P.L.205-2025, SEC.32.

IC 8-2.1-22-14Route 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.

IC 8-2.1-22-15Ownership of certificate; sale or transfer Sec. 15. Any certificate 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 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, 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 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 part may not be sold, assigned, leased, bequeathed, or transferred.

As added by P.L.99-1989, SEC.13. Amended by P.L.205-2025, SEC.33.

IC 8-2.1-22-16RepealedAs added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.13. Repealed by P.L.205-2025, SEC.34.

IC 8-2.1-22-17RepealedAs added by P.L.99-1989, SEC.13. Repealed by P.L.205-2025, SEC.35.

IC 8-2.1-22-18Agreements 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.

IC 8-2.1-22-19Complaints; 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.

IC 8-2.1-22-20Filing 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.

IC 8-2.1-22-21Reasonableness 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.

IC 8-2.1-22-22Actions 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 office of the attorney general 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. Amended by P.L.205-2025, SEC.36.

IC 8-2.1-22-22.5Violation involving consumer transaction Sec. 22.5. A person who violates a provision of this chapter involving a consumer transaction (as defined in IC 24-5-0.5-2(a)(1)) entailing the transportation of passengers or household goods commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5 and is subject to the remedies and penalties under IC 24-5-0.5, in addition to all other remedies and penalties under this chapter.

As added by P.L.205-2025, SEC.37.

IC 8-2.1-22-23Tariffs showing rates and services; filing and publication; compliance; change in fare or practice Sec. 23. (a) Every intrastate 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; or

(2) on the route of any other common carrier;

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; P.L.205-2025, SEC.38.

IC 8-2.1-22-24Contract carriers; reasonable minimum rates, fares, and charges; filing and publication; change Sec. 24. (a) Every contract carrier by motor vehicle shall:

(1) establish and observe reasonable minimum rates, fares, and charges for any service rendered or to be rendered in the transportation of passengers or household goods or in connection with the transportation of passengers or household goods;

(2) establish and observe reasonable regulations and practices to be applied in connection with those reasonable minimum rates, fares, and charges; and

(3) file with the department, publish, and keep open for public inspection, in the form and manner prescribed by the department, schedules, or, by consent of contracting parties in lieu of schedules, copies of contracts, containing the minimum rates, fares, or charges of the carrier for the transportation of passengers or household goods in intrastate commerce, and any rule or practice affecting the rates, fares, or charges and the value of the service under the rates, fares, or charges.

(b) A contract carrier may not, unless otherwise provided by this chapter, engage in the transportation of passengers or household goods in intrastate commerce unless the minimum charges for the transportation by the carrier have been published, filed, and posted in accordance with this chapter. A reduction may not be made in the charge either directly or by means of any change in any rule or practice affecting the charge or the value of service under the charge, except after thirty (30) days notice of the proposed change filed in the required form and manner the department may, for good cause shown, allow a change upon less notice. However, the notice must plainly state the change proposed to be made and the time when the change will take effect.

(c) A carrier shall not demand, charge, or collect less compensation for the transportation than the charges filed in accordance with this section, as affected by any rule or practice so filed, or as may be prescribed by the department. It is unlawful for the carrier, by the furnishing of special service, facilities, or privileges, or by any other device, to charge, accept, or receive less than the minimum charges so filed or prescribed.

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.19; P.L.205-2025, SEC.39.

IC 8-2.1-22-25Contract 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.

IC 8-2.1-22-26Contract carriers; filing of contract copies; examination for conformity to published schedule Sec. 26. (a) The department may require any contract motor carrier to file with it a true copy of any contract, agreement, or arrangement between the carrier and any person in relation to any traffic affected by this chapter. The department shall not, however, make public the contract, agreement, or arrangement between a contract carrier by motor vehicle and a shipper, or any of the terms or conditions of the contract except as a part of the record in a formal proceeding where it considers that action consistent with the public interest.

(b) If it appears from an examination of the contract that it fails to conform to the published schedule of the contract carrier by motor vehicle as required by this chapter, the department may make public such of the provisions of the contract as the department considers necessary to disclose the failure and the extent of the failure.

As added by P.L.99-1989, SEC.13.

IC 8-2.1-22-27RepealedAs added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.21; P.L.136-2018, SEC.80. Repealed by P.L.205-2025, SEC.40.

IC 8-2.1-22-27.5Brokerage license requirements Sec. 27.5. (a) A person may not engage in any of the following activities unless the person has obtained a brokerage license from the department:

(1) Sell or offer for sale transportation subject to this chapter for compensation.

(2) Make any contract, agreement, or arrangement to provide, procure, furnish, or arrange for the transportation of passengers.

(3) Profess by advertisement, solicitation, or otherwise as one who sells, provides, procures, contracts, or arranges for the transportation of passengers.

In the execution of any contract, agreement, or arrangement to sell, provide, procure, furnish, or arrange for the transportation of passengers, a person may not employ any common or contract carrier who is not the lawful holder of an effective certificate issued as provided in this chapter.

(b) A person is not required to obtain a brokerage license from the department if the person holds a certificate under this chapter, or if the person is an employee or agent of the motor carrier, when that person furnishes transportation wholly by the carrier or jointly with other motor carriers holding like certificates.

(1) A completed application form prescribed by the department.

(2) A certificate of existence from the secretary of state.

(3) A surety bond.

(d) In determining whether a brokerage license shall be issued, the department may, among other things, consider the following:

(1) Whether the person has any tax liabilities and has filed all appropriate tax returns with the department.

(2) Whether the person is up to date on all unified carrier registration payments.

(3) Whether the person is properly insured.

(e) The department and its special agents and examiners have the same authority as to accounts, reports, and records, including inspection and preservation of the accounts, reports, and records of any person holding a brokerage license issued under this section, that the department and the department's special agents and examiners have under this chapter with respect to motor carriers subject to this chapter.

(f) The department shall charge an application fee under section 40 of this chapter.

(g) A person who violates this section commits a Class C infraction.

(h) A person that has been issued a brokerage license must renew the license with the department on an annual basis. The department shall charge an annual renewal fee.

As added by P.L.205-2025, SEC.41. Amended by P.L.23-2026, SEC.55.

IC 8-2.1-22-28RepealedAs added by P.L.99-1989, SEC.13. Repealed by P.L.205-2025, SEC.42.

IC 8-2.1-22-29Operation and impoundment of motor vehicle for hire; operating authority required Sec. 29. (a) A person may not operate any motor vehicle over the public highways for hire, unless the operations are specifically exempt under this chapter, without first having obtained appropriate operating authority from the department to do so, and having otherwise complied with all other applicable provisions of this chapter.

(b) The department or the state police department may apply to an administrative law judge of the department or a court with jurisdiction for an order to impound a motor vehicle that is offered by a motor carrier to the general public for the transportation of passengers for hire if:

(1) the motor carrier has not obtained the required authority from the department to operate the motor vehicle for hire; and

(2) there is probable cause to believe that the motor vehicle has been operated on an Indiana highway to transport passengers for hire.

A hearing on an application to impound a motor vehicle under this subsection may not be held sooner than three (3) days after the date on which a notice of hearing on the application is served on the motor carrier. The motor carrier may contest the application to impound the motor vehicle at the hearing.

(c) A motor carrier that operated a motor vehicle impounded under this section may not obtain possession of the impounded motor vehicle unless the motor carrier obtains the required authority to operate the motor vehicle for hire.

As added by P.L.99-1989, SEC.13. Amended by P.L.176-2006, SEC.8.

IC 8-2.1-22-30Amendment, change, suspension, or revocation of certificate Sec. 30. Any certificate, upon application of the holder of the certificate, in the discretion of the department, may be amended or revoked in whole or in part. In addition, the department may, after notice is provided, suspend, change, or revoke a certificate in whole or in part for the holder's willful failure to comply with any provision of this chapter, or with any lawful order or rule prescribed by the department, or with any term, condition, or limitation of the certificate.

As added by P.L.99-1989, SEC.13. Amended by P.L.205-2025, SEC.43.

IC 8-2.1-22-31Broker's license; duration; fee; suspension or revocation Sec. 31. The department may suspend or revoke the license of any broker for any violation of this chapter or any rule issued under this chapter by the department. The fee for a broker's license is one hundred dollars ($100), which shall be paid at the time the application is made and shall be disposed of in the manner as other fees which are collected by the department. Any license so issued to any broker remains valid until surrendered or revoked.

As added by P.L.99-1989, SEC.13. Amended by P.L.136-2018, SEC.81.

IC 8-2.1-22-32Application of chapter Sec. 32. This chapter applies to persons engaged in the transportation of passengers or household goods over the public highways regardless of whether that transportation is interstate or intrastate, except to the extent this chapter contravenes the Constitution or the laws of the United States.

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.22.

IC 8-2.1-22-33Registration of vehicles Sec. 33. A person who is engaged in the intrastate transportation of passengers or household goods must register under the unified carrier registration system in accordance with rules adopted by the department under IC 4-22-2 before operating a motor vehicle upon a public highway located in Indiana.

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.23; P.L.42-2007, SEC.10.

IC 8-2.1-22-34Nonresident carriers; service of process Sec. 34. (a) Every nonresident common carrier and contract carrier regulated under this chapter shall file, and keep on file, with the department a designation in writing of the name and postoffice 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 the authority of any court having jurisdiction of the subject matter may be served in any proceeding at law or equity brought against such the carrier.

(b) Service of notices or orders in proceedings under this chapter may be made upon the carrier by personal service upon it, or upon the citizen so designated by it, or by registered mail addressed to it at the last address shown by the records of the department.

(c) In default of that designation, in case of vacancy, or if for any other reason personal service cannot be had upon the carrier, service of the notice or order may be made by serving two (2) copies upon the department. When service is had upon the department as provided in this subsection, the department shall promptly mail one (1) copy of the notice or order served upon him to the carrier by registered mail at the last address shown by the records of the department, and the date of mailing shall be considered as the time when notice is served.

(d) When notice is given by mail as provided in this section, the date of mailing shall be considered the time when notice is served.

As added by P.L.99-1989, SEC.13.

IC 8-2.1-22-35Highway designation to prevent congestion; enforcement and notice of orders Sec. 35. In addition to the other powers conferred in this chapter upon the department, it may designate from time to time the public highways, as routes, over which carriers subject to this chapter may or may not operate, and may designate the time that the vehicles may or may not be operated public highways, so as to prevent congestion that may affect the safety of persons or property upon the public highways. The department may also provide for the enforcement of its orders and the notice of the orders, if any, that shall be given to such carriers.

As added by P.L.99-1989, SEC.13.

IC 8-2.1-22-36Temporary authority or emergency temporary authority for one trip or occasional trips Sec. 36. (a) As used in this section, "eligible event" has the meaning set forth in IC 6-8-12-2.

(b) In addition to all other powers granted to the department under this chapter, the department may issue, in accordance with its rules, temporary authority or emergency temporary authority to the following:

(1) Persons to whom permanent certificates have been issued.

(2) Persons who have filed new applications for permanent certificates.

(3) Persons when there appears a necessity to make one (1) trip or occasional trips, including during an eligible event.

The department may grant temporary authority or emergency temporary authority under subdivision (3) during an eligible event for a period not greater than fifteen (15) consecutive days.

(c) An application for temporary authority or emergency temporary authority during an eligible event is not subject to section 12.5 of this chapter.

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.24; P.L.45-2011, SEC.4; P.L.205-2025, SEC.44.

IC 8-2.1-22-37War or national emergency; suspension of certificate Sec. 37. In addition to all other powers granted to the department under this chapter, the department may suspend, in whole or in part, any certificate upon the application of the holder thereof, without notice, for the duration of a declared war or a declared national emergency and for a period of six (6) months thereafter, or for any lesser period of time.

As added by P.L.99-1989, SEC.13. Amended by P.L.205-2025, SEC.45.

IC 8-2.1-22-38Rebates, consideration, or discrimination in violation of chapter; assisting or permitting transportation at less than approved rate; fraudulent activity; operator of vehicle for hire not to operate until owner or lessor secures required authority Sec. 38. (a) A person, whether carrier, shipper, or officer, employee, agent, or representative thereof, shall not knowingly offer, grant, give, solicit, accept, or receive any rebate, consideration, or discrimination in violation of this chapter. A person shall not, by means of any false or fictitious bill, bill of lading, receipt, voucher, account, claim, certificate, affidavit, deposition, lease, or bill of sale, or by any other means or device, knowingly assist or permit any person to obtain transportation of passengers or household goods subject to this chapter for less than the rate, fare, or charge approved by the department. A person shall not knowingly, by any such means or otherwise, fraudulently seek to evade or defeat regulations as in this chapter provided for motor carriers.

(b) An operator of a motor vehicle for hire, which vehicle belongs to or is leased by an intrastate or interstate common or contract carrier for hire, who transports persons or household goods over the highways without required authority issued by the department, shall not operate the motor vehicle until the owner or lessor has secured the required authority from the department, but the offender shall be given an opportunity to secure the services of a certificated carrier, having the required authority, to transport the lading on the offender's motor vehicle to its intended destination.

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.25.

IC 8-2.1-22-39Expiration of vehicle registrations Sec. 39. All registrations of motor vehicles required in this chapter expire on December 31 of each year, and each motor vehicle continued in service shall be registered for each such year.

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.26.

IC 8-2.1-22-40Application forms for certificates to operate motor vehicles; fees Sec. 40. (a) All applications under this chapter for a certificate to operate motor vehicles, intrastate or interstate, shall be made on forms prescribed by the department.

(b) All applications for a certificate to operate motor vehicles intrastate on the public highways shall be accompanied by a filing fee of one hundred dollars ($100). Each petition for reinstatement of a certificate to operate motor vehicles intrastate, on the highways of this state, shall be accompanied by a filing fee of fifty dollars ($50). A common carrier reinstatement shall only occur within two (2) years of the voluntarily ceased operations date provided to the department by the carrier.

(c) All applications for an emergency temporary certificate to operate motor vehicles on the highways of this state in intrastate commerce, shall be accompanied by a filing fee of one hundred dollars ($100).

(d) All applications for a change in the name of the holder of a certificate, which change of name does not involve a change in the ownership of the operating rights of the certificate holder, shall be made by verified petition to the department, and the applications shall be accompanied by a filing fee of twenty-five dollars ($25).

(e) Each application for alteration or change of a certificate to operate motor vehicles intrastate, on the public highways, shall be accompanied by a filing fee of fifty dollars ($50).

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.27; P.L.176-2006, SEC.9; P.L.205-2025, SEC.46.

IC 8-2.1-22-41RepealedAs added by P.L.99-1989, SEC.13. Repealed by P.L.110-1995, SEC.35.

IC 8-2.1-22-42Intrastate carriers; identification to be displayed on each vehicle Sec. 42. (a) An intrastate motor carrier regulated under this chapter shall display identification, in the method prescribed by rules of the department, on each motor vehicle it operates.

(b) A person who violates this section commits a Class C misdemeanor.

As added by P.L.99-1989, SEC.13. Amended by P.L.205-2025, SEC.47.

IC 8-2.1-22-43RepealedAs added by P.L.99-1989, SEC.13. Repealed by P.L.110-1995, SEC.35.

IC 8-2.1-22-44Deposit of fees into motor carrier regulation fund Sec. 44. All fees prescribed in this chapter shall be paid to the treasurer of state through the department and deposited in the motor carrier regulation fund established by IC 8-2.1-23-1.

As added by P.L.99-1989, SEC.13. Amended by P.L.205-2025, SEC.48.

IC 8-2.1-22-45Augmenting, interchanging, or leasing equipment Sec. 45. (a) A motor carrier regulated under this chapter that augments equipment, interchanges equipment, or leases equipment, with or without drivers, shall comply with the rules of the department governing lease and interchange of vehicles.

(b) A person who violates this section commits a Class C misdemeanor.

As added by P.L.99-1989, SEC.13. Amended by P.L.205-2025, SEC.49.

IC 8-2.1-22-46Proof of financial responsibility; surety bond or insurance; violations and penalties Sec. 46. (a) Notwithstanding any other provision of this chapter, common and contract carriers and other carriers engaged in the transportation of passengers or household goods for hire, over regular or irregular routes, whether operating pursuant to a certificate or as an exempt carrier under section 2.1(5) of this chapter, shall file with the department proof of financial responsibility in the form of surety bonds or policies of insurance or shall qualify as a self-insured. The minimum level of financial responsibility required shall be the minimum level established under 49 U.S.C. 13906(a)(1).

(b) A person who violates this section commits a Class C infraction. However, the offense is a Class A misdemeanor if the person has a prior unrelated judgment for violating this section.

(c) In addition to any other penalty imposed upon a person for a conviction of a Class A misdemeanor under subsection (b), the law enforcement agency may impound the vehicles owned by the person. Unless the vehicle is impounded or forfeited under a law other than this section, the vehicle shall be released to the carrier when the carrier complies with this section.

As added by P.L.99-1989, SEC.13. Amended by P.L.1-1991, SEC.79; P.L.79-1991, SEC.2; P.L.110-1995, SEC.28; P.L.1-2006, SEC.152; P.L.208-2018, SEC.2; P.L.205-2025, SEC.50.

IC 8-2.1-23Chapter 23. Motor Carrier Regulation Fund

8-2.1-23-1Establishment; purpose 8-2.1-23-2Deposit of fees 8-2.1-23-3Investments 8-2.1-23-4Money not to revert to state general fund

IC 8-2.1-23-1Establishment; purpose Sec. 1. The motor carrier regulation fund is established for the purpose of funding:

(1) the administration and enforcement of this article; and

(2) the administration and enforcement of IC 6-6-4.1 and IC 6-8.1-4-4.

As added by P.L.99-1989, SEC.14. Amended by P.L.73-1990, SEC.1; P.L.277-1993(ss), SEC.54; P.L.119-1998, SEC.26.

IC 8-2.1-23-2Deposit of fees Sec. 2. The treasurer of state shall deposit fees collected by the department under this article, IC 6-6-4.1-13, IC 9-17-2, IC 9-17-3, IC 9-18.1-5, IC 9-18.1-6-4, IC 9-18.1-11, IC 9-18.1-13, IC 9-20-5-7(b), IC 9-20-5-7(c), and IC 9-20-18-14.5 in the motor carrier regulation fund to the extent designated in the aforementioned statutes.

As added by P.L.99-1989, SEC.14. Amended by P.L.129-2001, SEC.28; P.L.198-2016, SEC.61; P.L.205-2025, SEC.51.

IC 8-2.1-23-3Investments Sec. 3. The treasurer of state shall invest the money in the motor carrier regulation fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

As added by P.L.99-1989, SEC.14.

IC 8-2.1-23-4Money not to revert to state general fund Sec. 4. Money in the motor carrier regulation fund does not revert to the state general fund.

As added by P.L.99-1989, SEC.14. Amended by P.L.146-2020, SEC.50.

IC 8-2.1-24Chapter 24. Intrastate Motor Carrier Safety and Insurance Certification

8-2.1-24-0.1Application of certain amendments to chapter 8-2.1-24-1Applicability of chapter 8-2.1-24-2Repealed 8-2.1-24-3Exemptions 8-2.1-24-4Powers of department 8-2.1-24-5Inspection of records; examination of officers, agents, and employees; adoption of motor vehicle inspection rules 8-2.1-24-6Investigation 8-2.1-24-7Duty of department to compel compliance 8-2.1-24-8Compulsory process; swearing of witnesses; record of testimony; administrative order 8-2.1-24-9Hearing; report of findings of fact and decision; exceptions 8-2.1-24-10Reconsideration or rehearing 8-2.1-24-11Agreements with federal or state agencies for supervision of transportation of property and passengers 8-2.1-24-12Rules affecting motor carriers 8-2.1-24-13Uniform procedures and forms 8-2.1-24-14Powers of department; employment of administrative law judges and other necessary employees 8-2.1-24-15Acknowledgment by department required for operation; term of acknowledgment 8-2.1-24-16Renewal procedure; term of renewal certification 8-2.1-24-17Surety bond, insurance, or other security required 8-2.1-24-18Compliance with federal motor carrier safety regulations 8-2.1-24-19Service of process on nonresident motor carrier 8-2.1-24-20Unified carrier registration system 8-2.1-24-21Display of identification on or in vehicle 8-2.1-24-22Augmenting, interchanging, or leasing equipment; lease of equipment and driver to shipper by noncarrier lessor 8-2.1-24-23"Bill of lading" defined; documentation to be presented upon request 8-2.1-24-24Violation 8-2.1-24-25Impoundment of vehicles and cargo; release 8-2.1-24-26Civil penalty 8-2.1-24-27Inspections 8-2.1-24-28Denial of registration or titling; revocation and confiscation of registrations, license plates, or cab cards

IC 8-2.1-24-0.1Application of certain amendments to chapter 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, 2005.

As added by P.L.220-2011, SEC.192. Amended by P.L.7-2015, SEC.19.

IC 8-2.1-24-1Applicability of chapter 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 described in subsection (a).

(2) Except as provided in section 18(j) of this chapter, a private carrier of persons or property, or both.

As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007, SEC.11; P.L.9-2010, SEC.1.

IC 8-2.1-24-2RepealedAs added by P.L.110-1995, SEC.29. Repealed by P.L.9-2010, SEC.16.

IC 8-2.1-24-3Exemptions 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 United States government, the state, or a political subdivision; or

(B) the board of trustees of a state institution.

(3) Motor vehicles while transporting supplies, livestock feed ingredients, fertilizer, or fertilizing materials that are in transit to or from farms.

(4) Motor vehicles:

(A) controlled and operated by a farmer when used in the transportation of the farmer's agricultural commodities and products of those commodities or in the transportation of supplies to the farm;

(B) controlled and operated by a nonprofit agricultural cooperative association (or by a federation of agricultural cooperative associations if the federation does not possess greater powers or purposes than the cooperative associations);

(C) used in carrying property consisting of livestock or agricultural commodities (not including manufactured products) if the motor vehicles are not used in carrying:

(i) other property;

(ii) agricultural commodities; or

(iii) passengers;

for compensation; or

(D) used in carrying livestock feed or feed ingredients, if those products are transported to a site of agricultural productions or to a business enterprise engaged in the sale of agricultural goods to a person engaged in agricultural production.

This chapter shall not be construed to apply to motor vehicles owned, leased, controlled, or operated by a nonprofit cooperative association, either incorporated or unincorporated, that was in existence on July 6, 1961.

(5) Motor vehicles, commonly known as armored cars, used exclusively to transport, under written bilateral contract, coin, currency, bullion, securities, precious metals, jewelry, precious stones, money, legal tender, stocks and bonds, negotiable and nonnegotiable instruments and securities, postage and revenue stamps, and other valuable documents and rare objects.

(6) Motor vehicles operating exclusively in intrastate commerce that have a gross vehicle weight, gross vehicle weight rating, gross combination weight, or gross combination weight rating equal to or less than twenty-six thousand (26,000) pounds. However, the motor vehicle may not be:

(A) used to provide for-hire transport;

(B) designed or used to transport sixteen (16) or more passengers, including the driver; or

As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007, SEC.12; P.L.9-2010, SEC.2.

IC 8-2.1-24-4Powers of department 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 added by P.L.110-1995, SEC.29. Amended by P.L.42-2007, SEC.13.

IC 8-2.1-24-5Inspection of records; examination of officers, agents, and 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, a member of the department, or an authorized representative of the department, may:

(1) upon demand, inspect the books, accounts, papers, records, memoranda, equipment, and premises of a motor carrier;

(2) examine, under oath, any officer, agent, or employee of a motor carrier in relation to the motor carrier's business affairs; and

(3) prescribe rules for inspection of motor vehicles used by the motor carrier.

As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-6Investigation 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.

IC 8-2.1-24-7Duty of department to compel compliance 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.

IC 8-2.1-24-8Compulsory process; swearing of witnesses; record of testimony; administrative order 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 of the department, an administrative law judge, or an authorized representative of the department, the department may make an appropriate order upon the record.

As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-9Hearing; report of findings of fact and decision; exceptions 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 under IC 4-22-2.

(b) An administrative law judge shall promptly report to the department the facts established by evidence and submit a suggested order, showing the findings and a decision to the department.

(c) An order recommended by an administrative law judge may not be held for less than ten (10) days during which an interested party may file a written exception. If an exception is not filed, the finding of facts and decision in form of the order suggested by the administrative law judge shall be the order of the department, unless the department directs otherwise.

As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-10Reconsideration or rehearing 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 reconsideration or rehearing if sufficient reason is found.

(b) Applications for reconsideration or rehearing shall be governed by rules adopted by the department under IC 4-22-2. If after reconsideration or rehearing it appears that the original decision, order, or requirement is unjust or unwarranted, the department may change or modify the decision, order, or requirement.

(c) A decision, an order, or a requirement made after reconsideration or rehearing is subject to the same provisions as the original decision, order, or requirement.

As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-11Agreements with federal or state agencies for supervision of transportation of property and passengers 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 another state for the purpose of more effective supervision of safety and responsible transportation of property and passengers, intrastate.

As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007, SEC.14.

IC 8-2.1-24-12Rules affecting motor carriers 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 carriers, whether or not specifically referred to under this chapter.

As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007, SEC.15.

IC 8-2.1-24-13Uniform procedures and forms 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.

IC 8-2.1-24-14Powers of department; employment of administrative law judges and other necessary employees 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 judges, investigators, clerks, and other employees as necessary or advisable for the effective administration of this chapter.

As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-15Acknowledgment by department required for operation; term of acknowledgment 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 acknowledgment by the department.

An acknowledgment issued under subdivision (2) remains in effect until December 31 of the year in which the acknowledgment is issued.

As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-16Renewal procedure; term of renewal certification 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 September 30 of the year preceding the year of certification and must be received before November 30 of the year preceding the certification year.

(3) A certification expires December 31 of each year. The department may extend the term of a certification for cause.

As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-17Surety bond, insurance, or other security required 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, policies of insurance, qualifications of a self-insurer, or other securities or agreements.

(b) A surety bond, policy of insurance, self-insurance, or security or other agreement approved under this section must be of a reasonable amount and conditioned to pay, within the amount of the surety bond, policy of insurance, self-insurance, or security or other agreement, a final judgment recovered against the motor carrier for bodily injuries to or the death of any person resulting from the negligent operation, maintenance, or use of the motor carrier's registered motor vehicle, or for loss or damage to property of others.

As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-18Compliance with federal motor carrier safety regulations 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 persons or property throughout Indiana. Intrastate motor carriers subject to compliance reviews under 49 CFR 385 shall be selected according to criteria determined by the superintendent which must include but are not limited to factors such as previous history of violations found in roadside compliance checks and other recorded violations. However, the provisions of 49 CFR 395 that regulate the hours of service of drivers, including requirements for the maintenance of logs, do not apply to a driver of a truck that is registered by the bureau of motor vehicles and used as a farm truck under IC 9-18 (before its expiration) or IC 9-18.1-7 or a vehicle operated in intrastate construction or construction related service, or the restoration of public utility services interrupted by an emergency. Except as provided in subsection (i) and (j):

(1) intrastate motor carriers not operating under authority issued by the United States Department of Transportation shall comply with the requirements of 49 CFR 390.21(b)(3) by registering with the department of state revenue as an intrastate motor carrier and displaying the certification number issued by the department of state revenue preceded by the letters "IN"; and

(2) all other requirements of 49 CFR 390.21 apply equally to interstate and intrastate motor carriers.

(b) 49 CFR 107 subpart (F) and subpart (G), 171 through 173, 177 through 178, and 180, are incorporated into Indiana law by reference, and every:

(1) private carrier;

(2) common carrier;

(3) contract carrier;

(4) motor carrier of property, intrastate;

(5) hazardous material shipper; and

(6) carrier otherwise exempt under section 3 of this chapter;

must comply with the federal regulations incorporated under this subsection, whether engaged in interstate or intrastate commerce.

(c) Notwithstanding subsection (b), nonspecification bulk and nonbulk packaging, including cargo tank motor vehicles, may be used only if all the following conditions exist:

(1) The maximum capacity of the vehicle is less than three thousand five hundred (3,500) gallons.

(2) The shipment of goods is limited to intrastate commerce.

(3) The vehicle is used only for the purpose of transporting fuel oil, kerosene, diesel fuel, gasoline, gasohol, or any combination of these substances.

Maintenance, inspection, and marking requirements of 49 CFR 173.8 and Part 180 are applicable. In accordance with federal hazardous materials regulations, new or additional nonspecification cargo tank motor vehicles may not be placed in service under this subsection.

(d) For the purpose of enforcing this section, only:

(1) a state police officer or state police motor carrier inspector who:

(A) has successfully completed a course of instruction approved by the United States Department of Transportation; and

(B) maintains an acceptable competency level as established by the state police department; or

(2) an employee of a law enforcement agency who:

(A) before January 1, 1991, has successfully completed a course of instruction approved by the United States Department of Transportation; and

(B) maintains an acceptable competency level as established by the state police department;

on the enforcement of 49 CFR, may, upon demand, inspect the books, accounts, papers, records, memoranda, equipment, and premises of any carrier, including a carrier exempt under section 3 of this chapter.

(e) A person hired before September 1, 1985, who operates a motor vehicle intrastate incidentally to the person's normal employment duties and who is not employed to operate a motor vehicle for hire is exempt from 49 CFR 391 as incorporated by this section.

(f) Notwithstanding any provision of 49 CFR 391 to the contrary, a person at least eighteen (18) years of age and less than twenty-one (21) years of age may be employed as a driver to operate a commercial motor vehicle intrastate. However, a person employed under this subsection is not exempt from any other provision of 49 CFR 391.

(g) Notwithstanding subsection (a) or (b), the following provisions of 49 CFR do not apply to private carriers of property operated only in intrastate commerce or any carriers of property operated only in intrastate commerce while employed in construction or construction related service:

(1) Subpart 391.41(b)(3) as it applies to physical qualifications of a driver who has been diagnosed as an insulin dependent diabetic, if the driver has applied for and been granted an intrastate medical waiver by the bureau of motor vehicles pursuant to this subsection. The same standards and the following procedures shall apply for this waiver whether or not the driver is required to hold a commercial driver's license. An application for the waiver shall be submitted by the driver and completed and signed by a certified endocrinologist, the driver's treating physician, or the driver's treating advanced practice registered nurse attesting that the driver:

(A) is not otherwise physically disqualified under Subpart 391.41 to operate a motor vehicle, whether or not any additional disqualifying condition results from the diabetic condition, and is not likely to suffer any diminution in driving ability due to the driver's diabetic condition;

(B) is free of severe hypoglycemia or hypoglycemia unawareness and has had less than one (1) documented, symptomatic hypoglycemic reaction per month;

(D) has agreed to and, to the endocrinologist's, treating physician's, or treating advanced practice registered nurse's knowledge, has carried a source of rapidly absorbable glucose at all times while driving a motor vehicle, has self monitored blood glucose levels one (1) hour before driving and at least once every four (4) hours while driving or on duty before driving using a portable glucose monitoring device equipped with a computerized memory; and

(E) has submitted the blood glucose logs from the monitoring device to the endocrinologist, treating physician, or treating advanced practice registered nurse at the time of the annual medical examination.

A copy of the blood glucose logs shall be filed along with the annual statement from the endocrinologist, treating physician, or treating advanced practice registered nurse with the bureau of motor vehicles for review by the driver licensing medical advisory board established under IC 9-14-11. A copy of the annual statement shall also be provided to the driver's employer for retention in the driver's qualification file, and a copy shall be retained and held by the driver while driving for presentation to an authorized federal, state, or local law enforcement official. Notwithstanding the requirements of this subdivision, the endocrinologist, the treating physician, the treating advanced practice registered nurse, the advisory board of the bureau of motor vehicles, or the bureau of motor vehicles may, where medical indications warrant, establish a short period for the medical examinations required under this subdivision.

(2) Subpart 396.9 as it applies to inspection of vehicles carrying or loaded with a perishable product. However, this exemption does not prohibit a law enforcement officer from stopping these vehicles for an obvious violation that poses an imminent threat of an accident or incident. The exemption is not intended to include refrigerated vehicles loaded with perishables when the refrigeration unit is working.

(3) Subpart 396.11 as it applies to driver vehicle inspection reports.

(4) Subpart 396.13 as it applies to driver inspection.

(h) For purposes of 49 CFR 395.1(k)(2), "planting and harvesting season" refers to the period between January 1 and December 31 of each year. The intrastate commerce exception set forth in 49 CFR 395.1(k), as it applies to the transportation of agricultural commodities and farm supplies, is restricted to single vehicles and cargo tank motor vehicles with a capacity of not more than five thousand four hundred (5,400) gallons.

(i) The requirements of 49 CFR 390.21 do not apply to an intrastate motor carrier or a guest operator not engaged in interstate commerce and operating a motor vehicle as a farm vehicle in connection with agricultural pursuits usual and normal to the user's farming operation or for personal purposes unless the vehicle is operated either part time or incidentally in the conduct of a commercial enterprise.

(j) This section does not apply to private carriers that operate using only the type of motor vehicles specified in IC 8-2.1-24-3(6).

(k) The superintendent of state police may adopt rules under IC 4-22-2 governing the parts and subparts of 49 CFR incorporated by reference under this section.

As added by P.L.110-1995, SEC.29. Amended by P.L.61-1996, SEC.10; P.L.84-1997, SEC.1; P.L.85-1997, SEC.1; P.L.98-1999, SEC.1; P.L.92-2000, SEC.1; P.L.75-2003, SEC.1; P.L.219-2003, SEC.1; P.L.208-2003, SEC.2; P.L.210-2005, SEC.4; P.L.21-2007, SEC.1; P.L.1-2010, SEC.44; P.L.9-2010, SEC.3; P.L.215-2013, SEC.1; P.L.198-2016, SEC.62; P.L.118-2022, SEC.3.

IC 8-2.1-24-19Service of process on nonresident motor carrier 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 the authority of a court having jurisdiction of the subject matter may be served. Service of process in a proceeding under this chapter may be made upon the motor carrier by personal service, upon the citizen designated by the motor carrier, or by registered mail addressed to the motor carrier or designee at the last address shown by the records of the department.

(b) In default of a designation under this section, in case of vacancy, or if for any other reason the motor carrier may not be served with process, service of the notice or order may be made by serving two (2) copies of the notice or order upon the department. When service is made upon the department under this subsection, the department shall promptly mail one (1) copy of the notice or order served to the motor carrier by registered mail at the last address shown by the records of the department.

(c) When notice is given by mail under this section, the date of mailing shall be considered as the time when notice is served.

As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-20Unified carrier registration system 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 registration system in accordance with rules adopted by the department under IC 4-22-2. This section does not apply to a person exclusively engaged in the private transportation of nonhazardous property.

As added by P.L.110-1995, SEC.29. Amended by P.L.176-2006, SEC.10; P.L.42-2007, SEC.16.

IC 8-2.1-24-21Display of identification on or in vehicle 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.

IC 8-2.1-24-22Augmenting, interchanging, or leasing equipment; lease of equipment and driver to shipper by noncarrier lessor 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 and driver to a shipper, the arrangement is presumed to result in private carriage by the shipper, subject to the conditions of this subsection. A lease agreement under this subsection must:

(1) be reduced to writing;

(2) be for a term of at least thirty (30) days;

(3) provide that the leased equipment is exclusively committed to the lessee's use for the term of the lease;

(4) provide that during the term of the lease, the lessee accepts, possesses, and exercises exclusive dominion and control over the leased equipment and assumes complete responsibility for the operation of the equipment;

(5) require that the lessee maintain public liability insurance and accept responsibility to the public for any injury caused in the course of performing the transportation service conducted by the lessee with the equipment during the term of the lease; and

(6) require that the lessee display appropriate identification on all equipment leased by it, showing operation by the lessee during the performance of the transportation.

(c) A presumption under subsection (b) may be rebutted if actual operations under the lease agreement weaken the control and responsibility required of a shipper when conducting transportation operations with equipment and drivers leased from a single source.

As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-23"Bill of lading" defined; documentation to be presented upon request 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 motor carrier shall present, at the request of the state police department or an authorized representative of the department, the following:

(1) Documentation that identifies the shipper or the motor carrier.

(2) A bill of lading or similar document that:

(A) identifies the origin and destination of the shipment;

(B) describes the goods being transported;

(D) states the date when the goods were shipped.

As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-24Violation Sec. 24. A person who violates this chapter commits a Class B infraction.

As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-25Impoundment of vehicles and cargo; release 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 obtain possession of a motor vehicle impounded under subsection (a), the motor carrier that operates the motor vehicle must either:

(1) obtain the required certification from the department; or

(2) remove from the vehicle all cargo for which the required certification has not been obtained.

(c) If the motor carrier that operates a motor vehicle impounded under subsection (a) is not the owner of the vehicle, the department or the state police department shall release the motor vehicle to the owner unless the owner was aware that the motor vehicle was being operated without the required certification.

(d) Cargo held in a motor vehicle impounded under subsection (a) must be released if the cargo is loaded into a motor vehicle operated in compliance with this chapter.

As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-26Civil penalty 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 administrative hearing under IC 6-8.1-5-1 has been conducted at which the person has an opportunity to present information as to why a civil penalty should not be assessed.

(c) Money collected by the department under subsection (b) shall be deposited in the motor carrier regulation fund established under IC 8-2.1-23.

As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-27Inspections 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 by the department. Agents of the department have the same power and authority under this section as is provided to authorized personnel under IC 16-44-2-11 and IC 16-44-2-12.

As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-28Denial of registration or titling; revocation and confiscation of registrations, license plates, or cab cards 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 confiscate any registrations, license plates, or cab cards issued under IC 9-18 (before January 1, 2017) or IC 9-18.1 (after December 31, 2016).

(b) The department of state revenue may not register or title a motor carrier:

(1) if the motor carrier fails to comply with federal regulations under 49 CFR 386;

(2) under an operations out of service order issued by a federal agency; or

(3) if the motor carrier's ability to operate has been terminated or denied by a federal agency.

As added by P.L.98-1999, SEC.2. Amended by P.L.176-2006, SEC.11; P.L.257-2017, SEC.16.

IC 8-2.1-25Chapter 25. Inspection of Commercial Buses Used in Organizational Activities

8-2.1-25-1"Motor bus" defined 8-2.1-25-2"Motor carrier" defined 8-2.1-25-3"Organization" defined 8-2.1-25-4"Organizational activity" defined 8-2.1-25-5Operation of motor bus; prohibitions 8-2.1-25-6Inspections and safety standards; impoundment of motor bus; notice to contractor 8-2.1-25-7Violations 8-2.1-25-8Adoption of rules

IC 8-2.1-25-1"Motor bus" defined Sec. 1. As used in this chapter, "motor bus" means any motor vehicle:

(1) weighing more than eleven thousand (11,000) pounds; and

(2) being operated in furtherance of a commercial enterprise.

As added by P.L.86-1997, SEC.1.

IC 8-2.1-25-2"Motor carrier" defined Sec. 2. As used in this chapter, "motor carrier" has the meaning set forth in IC 8-2.1-17-10.

As added by P.L.86-1997, SEC.1.

IC 8-2.1-25-3"Organization" defined Sec. 3. As used in this chapter, "organization" means an entity that is not an individual. The term includes a public or private school, a business firm or corporation, a labor organization, a religious organization, a political club, or any other type of association or group of individuals.

As added by P.L.86-1997, SEC.1.

IC 8-2.1-25-4"Organizational activity" defined Sec. 4. As used in this chapter, "organizational activity" means any activity:

(1) that is sponsored, controlled, or supervised by an Indiana public or private organization; and

(2) to, for, or from which a motor carrier will provide transportation to the organization but not to the general public.

As added by P.L.86-1997, SEC.1.

IC 8-2.1-25-5Operation of motor bus; prohibitions Sec. 5. A motor carrier may not operate or permit the operation of a motor bus to transport a person to or from an organizational activity for compensation unless the motor bus has been inspected and meets the safety standards of this chapter within the twelve (12) months preceding the date of the organizational activity.

As added by P.L.86-1997, SEC.1.

IC 8-2.1-25-6Inspections and safety standards; impoundment of motor bus; notice to contractor Sec. 6. (a) A motor bus has not been inspected and does not meet the safety standards of this chapter unless the motor carrier certifies to the state police department that the motor bus has:

(1) been inspected by:

(A) an employee of the motor carrier;

(B) an employee of the department;

(D) another individual;

who meets the requirements of 49 CFR 396.19, is certified by the Commercial Vehicle Safety Alliance, or is certified as a commercial motor vehicle technician by Automotive Service Excellence; and

(2) met the inspection requirements of the federal motor carrier safety regulations and this chapter.

(b) If the department determines that a motor carrier is not capable of carrying out an inspection under subsection (a), the state police department may:

(1) inspect a motor bus of the motor carrier; or

(2) request a compliance review of the safety management of the motor carrier by the Federal Highway Administration, if the carrier is an interstate carrier, or the motor carrier division of the state police department, if the carrier is an intrastate carrier.

(c) Before a motor bus that has been out of service due to safety violations may return to service, the state police department may require a motor carrier to present the bus for inspection if the safety violations were so severe as to call into question the maintenance capability of the carrier. Upon notification by the carrier to the state police department that the motor bus is ready to return to service, the state police department may inspect the bus not more than two (2) business days following the notification by the carrier. If the state police department does not inspect the bus within two (2) business days following the notification by the carrier, the carrier must have the bus inspected by:

(1) an employee of the motor carrier;

(2) an employee of the department;

(3) an employee of a certified third party inspector; or

(4) another individual;

who meets the requirements of 49 CFR 396.19, is certified by the Commercial Vehicle Safety Alliance, or is certified as a commercial motor vehicle technician by Automotive Service Excellence.

(d) If a motor bus is found in operation without correction of the safety violations that caused it to be placed out of service, the state police department shall immediately impound the bus and the state police department may request a compliance review of the safety management of the motor carrier by the Federal Highway Administration, if the carrier is an interstate carrier, or the motor carrier division of the state police department, if the carrier is an intrastate carrier.

(e) A motor carrier must notify a contractor for the use of a motor bus for an organizational activity of the following:

(1) That the carrier will provide a motor bus that has been inspected and meets federal safety inspection standards.

(2) The method by which the motor bus was inspected, whether the method was self-inspection, state police department inspection, or third-party inspection.

(3) That the contractor may call a toll free number to notify the Indiana state police if the contractor has concerns about operational safety problems during the trip or has reason to believe that the motor bus is being operated in need of repair in violation of federal motor safety regulations.

(f) The department must establish or maintain a toll free number that a contractor described under subsection (e) may call to notify the state police department about concerns regarding motor bus safety.

As added by P.L.86-1997, SEC.1. Amended by P.L.94-1998, SEC.1.

IC 8-2.1-25-7Violations Sec. 7. A motor carrier or bus driver who knowingly or intentionally operates or permits to be operated a motor bus in violation of this chapter commits a Class B misdemeanor.

As added by P.L.86-1997, SEC.1.

IC 8-2.1-25-8Adoption of rules Sec. 8. The state police department may adopt rules under IC 4-22-2 to establish a certification program for third party inspection of motor buses.

As added by P.L.94-1998, SEC.2.

IC 8-2.1-26Chapter 26. Invalidity of Indemnity Agreements in Motor Carrier Transportation Contracts

8-2.1-26-1Application of chapter 8-2.1-26-2"Indemnity provision" 8-2.1-26-3"Motor carrier transportation contract" 8-2.1-26-4"Promisee" 8-2.1-26-5Indemnity provisions; exceptions; enforcement

IC 8-2.1-26-1Application of chapter Sec. 1. This chapter applies to an indemnity provision entered into or renewed after June 30, 2006.

As added by P.L.31-2006, SEC.1.

IC 8-2.1-26-2"Indemnity provision" Sec. 2. As used in this chapter, "indemnity provision" means a provision, a clause, a covenant, or an agreement that:

(1) is contained in, collateral to, or affecting a motor carrier transportation contract; and

(2) purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, a promisee against liability for loss or damage resulting from:

(A) negligence;

(B) intentional acts; or

of the promisee or an agent, employee, servant, or independent contractor that is directly responsible to the promisee.

As added by P.L.31-2006, SEC.1.

IC 8-2.1-26-3"Motor carrier transportation contract" Sec. 3. As used in this chapter, "motor carrier transportation contract" means a contract, an agreement, or an understanding covering:

(1) the transportation of property for compensation or hire by a motor carrier as defined under this article or by 49 U.S.C. 13102(14);

(2) the entrance on real property by a motor carrier to:

(A) load;

(B) unload; or

(3) a service incidental to an activity described in subdivision (1) or (2), including storage of property.

As added by P.L.31-2006, SEC.1. Amended by P.L.7-2015, SEC.20.

IC 8-2.1-26-4"Promisee" Sec. 4. As used in this chapter, "promisee" means a person that an indemnity provision:

(1) purports to indemnify, defend, or hold harmless; or

(2) has the effect of indemnifying, defending, or holding harmless.

As added by P.L.31-2006, SEC.1.

IC 8-2.1-26-5Indemnity provisions; exceptions; enforcement Sec. 5. (a) This section does not apply to any of the following:

(1) An indemnity provision in which a motor carrier indemnifies a promisee for and only to the extent of loss or damage that results directly from the negligence, omission, or intentional act of the motor carrier or an agent, employee, servant, or independent contractor that is directly responsible to the motor carrier.

(2) An indemnity provision contained in, collateral to, or affecting a motor carrier transportation contract with a regulated public utility, including an energy utility (as defined in IC 8-1-2.5-2) or an affiliate of an energy utility, if the contract relates to a utility product, service, or business operation. For purposes of this subdivision, a contract relates to a utility product, service, or business operation if it involves an activity necessary for or ancillary to the production or delivery of heat, power and light, or a product or service under the jurisdiction of the Indiana utility regulatory commission (as described by IC 8-1-1).

(3) The Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America.

(b) Notwithstanding any other law, an indemnity provision under this chapter is:

(1) against public policy; and

(2) void and unenforceable.

As added by P.L.31-2006, SEC.1.

IC 8-2.1-27Chapter 27. Transportation of Food

8-2.1-27-1"Acceptable temperature" 8-2.1-27-2"Health inspector" 8-2.1-27-3"Law enforcement officer" 8-2.1-27-4"Local health department" 8-2.1-27-5"Motor vehicle for the transportation of food" 8-2.1-27-6Compliance with applicable rules concerning transportation of food 8-2.1-27-7Inspection to determine compliance; noncompliance; Class A infraction; inspection by law enforcement officer or health inspector; transporting food ordered disposed; Class A misdemeanor; impoundment 8-2.1-27-8Immunity from civil liability

IC 8-2.1-27-1"Acceptable temperature" Sec. 1. As used in this chapter, "acceptable temperature" means a temperature established in a rule or regulation adopted by the Indiana department of health with respect to the storage and transportation of a particular food and enforced by the Indiana department of health or a local health department.

As added by P.L.108-2012, SEC.1. Amended by P.L.56-2023, SEC.55.

IC 8-2.1-27-2"Health inspector" Sec. 2. As used in this chapter, "health inspector" refers to an agent or employee of the Indiana department of health or a local health department.

As added by P.L.108-2012, SEC.1. Amended by P.L.56-2023, SEC.56.

IC 8-2.1-27-3"Law enforcement officer" Sec. 3. As used in this chapter, "law enforcement officer" means:

(1) a state police officer; or

(2) a state police motor carrier inspector;

with authority to enforce this article.

As added by P.L.108-2012, SEC.1.

IC 8-2.1-27-4"Local health department" Sec. 4. As used in this chapter, "local health department" refers to a local health department established under IC 16-20 or the health and hospital corporation created under IC 16-22-8.

As added by P.L.108-2012, SEC.1.

IC 8-2.1-27-5"Motor vehicle for the transportation of food" Sec. 5. As used in this chapter, "motor vehicle for the transportation of food" means a motor vehicle that is:

(1) subject to inspection under IC 8-2.1-24, including under rules prescribed under IC 8-2.1-24; and

(2) engaged in the transportation of food.

As added by P.L.108-2012, SEC.1.

IC 8-2.1-27-6Compliance with applicable rules concerning transportation of food Sec. 6. A person may not operate a motor vehicle for the transportation of food upon a public highway unless the motor vehicle is in compliance with applicable rules adopted by the Indiana department of health concerning the transportation of food.

As added by P.L.108-2012, SEC.1. Amended by P.L.56-2023, SEC.57.

IC 8-2.1-27-7Inspection to determine compliance; noncompliance; Class A infraction; inspection by law enforcement officer or health inspector; transporting food ordered disposed; Class A misdemeanor; impoundment Sec. 7. (a) A law enforcement officer may inspect a motor vehicle used to transport food to determine compliance with section 6 of this chapter.

(b) This subsection applies if, during the course of an inspection under subsection (a), a law enforcement officer determines that:

(1) the temperature of the food is more than two (2) degrees above the acceptable temperature;

(2) the food exhibits outward signs of contamination, spoilage, deterioration, putrefaction, or infestation; or

(3) the food is improperly loaded in a manner that increases the risk of cross-contamination.

A person who operates a motor vehicle described in this subsection commits a Class A infraction.

(c) If, during the course of an inspection under subsection (a), a law enforcement officer determines that the motor vehicle is not in compliance with applicable rules and regulations adopted by the Indiana department of health concerning the transportation of food, the law enforcement officer:

(1) may contact a health inspector to inspect the motor vehicle; and

(2) may detain the motor vehicle and its operator for purposes of the inspection.

(d) If a health inspector is present to inspect a motor vehicle and finds a violation of section 6 of this chapter, the health inspector may order either or both of the following:

(1) Disposal of part or all of the food.

(2) Impoundment of the vehicle.

(e) The penalty under this subsection is in addition to any penalties provided in IC 9, IC 16, or rules or regulations adopted by the Indiana department of health. This subsection applies if a health inspector, after inspection of a motor vehicle under subsection (d), finds a violation of section 6 of this chapter. A person who operates a motor vehicle described in this subsection commits a Class A infraction.

(f) A person who recklessly, knowingly, or intentionally transports food that a health inspector ordered to be disposed under subsection (d)(1), other than for the purpose of disposal, commits a Class A misdemeanor.

(g) A person who operated a motor vehicle impounded under subsection (d)(2) may not obtain possession of the motor vehicle until the person complies with the requirements of this chapter, including paying any costs associated with the disposal of food under subsection (d)(1).

As added by P.L.108-2012, SEC.1. Amended by P.L.56-2023, SEC.58.

IC 8-2.1-27-8Immunity from civil liability Sec. 8. The following are not liable in a civil action for an official act done or omitted in connection with the performance of duties under this chapter:

(1) An agent or employee of the department.

(2) An agent or employee of the state police department.

(3) An agent or employee of the Indiana department of health.

(4) An agent or employee of a local health department.

(5) Any other individual charged with enforcing:

(A) this article; or

(B) rules or regulations adopted by the Indiana department of health concerning the transportation of food.

As added by P.L.108-2012, SEC.1. Amended by P.L.56-2023, SEC.59.

IC 8-2.1-28Chapter 28. Weigh-in-Motion Pilot Program

8-2.1-28-1"Department" 8-2.1-28-2Weigh-in-motion equipment 8-2.1-28-3Contracting 8-2.1-28-4Rules 8-2.1-28-5Repealed

IC 8-2.1-28-1"Department" Sec. 1. As used in this chapter, "department" means the department of transportation.

As added by P.L.218-2017, SEC.60.

IC 8-2.1-28-2Weigh-in-motion equipment Sec. 2. The department may:

(1) plan;

(2) develop;

(3) install;

(4) maintain;

(5) monitor; and

(6) finance;

electronic weigh-in-motion equipment to facilitate the enforcement of size and weight restrictions under IC 9-20.

As added by P.L.218-2017, SEC.60.

IC 8-2.1-28-3Contracting Sec. 3. The department may enter into any contracts and agreements necessary to carry out this chapter.

As added by P.L.218-2017, SEC.60.

IC 8-2.1-28-4Rules Sec. 4. The department may adopt rules under IC 4-22-2 to carry out this chapter. If the department adopts rules under this section, the rules must establish the following:

(1) Technical standards for the installation of electronic weigh-in-motion stations, including:

(A) roadway sensors;

(B) cameras;

(D) roadway pressure sensors;

(E) speed sensors; and

(F) all other equipment necessary to establish electronic weigh-in-motion stations.

(2) Weight tolerances for electronic weigh-in-motion stations, frequency of testing of weight tolerances, and certification programs for weight tolerances.

(3) Smoothness standards for approach and departure pavement, and a program to monitor roadway smoothness affecting electronic weigh-in-motion stations.

As added by P.L.218-2017, SEC.60.

IC 8-2.1-28-5RepealedAs added by P.L.218-2017, SEC.60. Amended by P.L.93-2024, SEC.78. Repealed by P.L.1-2025, SEC.125.

IC 8-3ARTICLE 3. RAILROADS GENERALLY

Ch. 1.Railroad Regulation─Department of Transportation Ch. 1.5.State Rail Preservation Law Ch. 1.7.Industrial Rail Service Fund Ch. 2.Operation of Freight Railroads Ch. 3.Railroad Operation of Motor Carriers Ch. 4.Repealed Ch. 5.Railroad─Application of Eminent Domain Ch. 6.Repealed Ch. 7.Railroad Rights-of-Way─Weed Control Ch. 8.Railroad Rights-of-Way─Recording Deeds Ch. 9.Repealed Ch. 10.Repealed Ch. 11.Repealed Ch. 12.Repealed Ch. 13.Rail Branch Lines Ch. 14.Altering Routes of Railroads Ch. 15.Public Use of Railroad Land Ch. 16.Repealed Ch. 17.Railroad Police Ch. 18.Conductor's Police Power Ch. 19.Expired Ch. 20.Repealed Ch. 21.Interstate Rail Passenger Network Compact Ch. 22.Midwest Interstate Passenger Rail Compact

IC 8-3-1Chapter 1. Railroad Regulation─Department of Transportation

8-3-1-1Financial and business operations report 8-3-1-2"Railroad" defined 8-3-1-3Repealed 8-3-1-4Repealed 8-3-1-5Repealed 8-3-1-6Repealed 8-3-1-7Repealed 8-3-1-8Repealed 8-3-1-9Repealed 8-3-1-10Repealed 8-3-1-11Repealed 8-3-1-12Repealed 8-3-1-13Repealed 8-3-1-14Repealed 8-3-1-15Repealed 8-3-1-16Repealed 8-3-1-17Repealed 8-3-1-18Information to department; enforcement powers of department 8-3-1-19Repealed 8-3-1-20Right of action for penalty or forfeiture, release, or waiver 8-3-1-20.5Personally identifying information of railroad crew members; confidentiality; unredacted report access 8-3-1-21Accident reports; facilities maintenance 8-3-1-21.1Abandonment of railroad right-of-way; notices; removal of crossing control devices; failure to comply; cost; recreational use 8-3-1-21.2Restoration; apportionment of costs 8-3-1-21.3Improvement of street or highway intersecting railroad right-of-way; notice and assessment of cost to owner 8-3-1-22Abandoned railroad rights-of-way intersecting or crossing public highways; resurfacing 8-3-1-23Expenses; charges and payment 8-3-1-24Repealed

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 8-2-21-1

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Section 8-2-21-1 ("Limitation of actions") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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Indiana § 8-2-21-1 - Limitation of actions

§ 8-2-21-1. Limitation of actions

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Frequently Asked Questions About Indiana § 8-2-21-1

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