Sec. 23. (a) Every 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;
(2) on the route of any other common carrier; or
(3) on the route of any common carrier by railroad;
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.
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