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IC 8-2.1-17-0.1
Application of certain amendments to chapter
Sec. 0.1. (a) The following amendments to this chapter apply as
follows:
(1) The amendments made to section 2 of this chapter by
P.L.42-2007 apply to registrations and fees due after December
31, 2006.
(2) The addition of sections 7.5 and 9.1 of this chapter by
P.L.42-2007 applies 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)(1) and (a)(2), 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.189.
IC 8-2.1-17-1
Application
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
(C) as principal or agent, sells or offers to sell transportation
service subject to regulation under this article; or
(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:
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 8-2.1-17-6
"Department"
Sec. 6. "Department" refers to the department of state revenue.
As added by P.L.99-1989, SEC.8.
IC 8-2.1-17-7
"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 8-2.1-17-9
"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 8-2.1-17-12
"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 8-2.1-17-14
"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 8-2.1-17-15
Repealed
(Repealed by P.L.110-1995, SEC.35.)
IC 8-2.1-17-16
"Taxicab"
Sec. 16. "Taxicab" means a motor vehicle that:
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.