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 department 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.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 2.1. Motor Carrier Regulation
Chapter 22. Transportation of Passengers and Household Goods
8-2.1-22-3. Powers and Duties of Department
8-2.1-22-5. Witnesses; Hearings; Orders
8-2.1-22-6. Reconsideration or Rehearing
8-2.1-22-8. Cooperation With Other State Agencies
8-2.1-22-9. Additional Powers of Department; Employment and Compensation of Staff
8-2.1-22-10. Establishment of Competing Transportation System by County, City, or Town
8-2.1-22-11. Certificate Required; Public Hearing
8-2.1-22-12.5. Issuance of Certificate for Transportation of Household Goods for Compensation
8-2.1-22-13. Public Hearing; Time and Place; Notice; Burden of Proof; Considerations
8-2.1-22-15. Ownership of Certificate or Permit; Sale or Transfer
8-2.1-22-16. Contract Carriers; Permit Required
8-2.1-22-17. Contract Carrier Permit; Public Hearing; Considerations; Contents
8-2.1-22-18. Agreements With Other Common Carriers; Routes and Rates; Discrimination
8-2.1-22-19. Complaints; Fixing of Routes or Rates
8-2.1-22-20. Filing of Schedule Stating New Rate or Charge; Hearing; Burden of Proof; Suspension
8-2.1-22-21. Reasonableness of Rates and Charges; Considerations
8-2.1-22-22. Actions for Recovery of Charges or Overcharges; Limitations
8-2.1-22-25. Contract Carriers; New Service or Reduced Charge; Hearing; Suspension
8-2.1-22-27. Brokerage License Requirements
8-2.1-22-28. Certificate Requirement Exemptions
8-2.1-22-29. Operation and Impoundment of Motor Vehicle for Hire; Operating Authority Required
8-2.1-22-30. Amendment, Change, Suspension, or Revocation of Certificate or Permit
8-2.1-22-31. Broker's License; Duration; Fee; Suspension or Revocation
8-2.1-22-32. Application of Chapter
8-2.1-22-33. Registration of Vehicles
8-2.1-22-34. Nonresident Carriers; Service of Process
8-2.1-22-35. Highway Designation to Prevent Congestion; Enforcement and Notice of Orders
8-2.1-22-36. Temporary Authority or Emergency Temporary Authority for One Trip or Occasional Trips
8-2.1-22-37. War or National Emergency; Suspension of Certificate or Permit
8-2.1-22-39. Expiration of Vehicle Registrations
8-2.1-22-42. Intrastate Carriers; Identification to Be Displayed on Each Vehicle
8-2.1-22-44. Deposit of Fees Into Motor Carrier Regulation Fund
8-2.1-22-45. Augmenting, Interchanging, or Leasing Equipment
8-2.1-22-46. Proof of Financial Responsibility; Surety Bond or Insurance; Violations and Penalties