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IC 8-3-1-1
Financial and business operations report
Sec. 1. (a) As used in this chapter, "department" refers to the
Indiana department of transportation.
(b) Every such carrier shall annually, before April 1, file with the
department, under the signature and oath of the department's
principal accounting officer, a detailed report, in the form prescribed
by the department, of all the carrier's financial and business
operations in Indiana for the year ending on the preceding December
31. The report shall embrace the other information and facts as shall
be prescribed by the Surface Transportation Board for reports of
interstate carriers thereto, and the reports shall be in the form
prescribed, insofar as the same is applicable. Any carrier failing to
make the report for thirty (30) days after the same is due, unless the
time therefor is extended by the department, shall forfeit and pay to
the state the sum of one hundred dollars ($100) for each day of the
default, to be collected as provided in this chapter.
(Formerly: Acts 1905, c.53, s.3; Acts 1907, c.241, s.3; Acts 1913,
c.268, s.1; Acts 1917, c.48, s.1.) As amended by P.L.62-1984, SEC.1;
P.L.384-1987(ss), SEC.11; P.L.8-1989, SEC.48; P.L.18-1990,
SEC.34; P.L.8-1993, SEC.136; P.L.50-2011, SEC.1.
IC 8-3-1-2
"Railroad" defined
Sec. 2. The term "railroad" as used in this chapter shall mean and
include any railroad whether its locomotives are powered by steam,
combustion-type fuel or electricity other than a hobby, tourist,
amusement, and non-freight-carrying railroad.
(Formerly: Acts 1905, c.53, s.3a; Acts 1963, c.182, s.1.) As amended
by Acts 1976, P.L.26, SEC.1.
IC 8-3-1-3
Repealed
(Repealed by P.L.50-2011, SEC.5.)
IC 8-3-1-4
Repealed
(Repealed by P.L.50-2011, SEC.5.)
IC 8-3-1-5
Repealed
(Repealed by P.L.50-2011, SEC.5.)
IC 8-3-1-6
business of all common carriers subject to this chapter, and shall
keep itself informed as to the manner and method in which the same
is conducted, and may obtain from such carriers full and complete
information necessary to enable the department to perform the duties
and carry out the objects for which the department was created. The
department shall enforce this chapter and all the other statutes of this
state the enforcement of which is devolved upon the department, and
such other statutes of this state as shall prescribe the duties and
obligations and regulate the conduct of the carriers subject to this
chapter in their dealings with the public and each other as common
carriers of passengers and property in this state, and, to enable the
department so to do, the department may institute and prosecute, in
its name, any appropriate action at law or suit in equity, in any circuit
or superior court of this state, against any such carrier to compel it to
observe the requirements of this chapter and all other statutes of this
state, and the orders of the department made under this chapter or
any other law of this state, and all orders and judgments of any court
in this state made under this chapter; or to restrain any such carrier
from the further continuance of any act or practice suffered or
authorized by it in violation of this chapter, the other statutes of this
state, the orders of the department or a court made under this chapter,
and the costs and expenses of such proceedings shall be audited and
approved by the auditor of state and paid as provided in this chapter.
(Formerly: Acts 1905, c.53, s.20; Acts 1907, c.241, s.17.) As
amended by P.L.62-1984, SEC.11; P.L.384-1987(ss), SEC.26.
IC 8-3-1-19
Repealed
(Repealed by P.L.50-2011, SEC.5.)
IC 8-3-1-20
Right of action for penalty or forfeiture, release, or waiver
Sec. 20. This chapter does not release or waive any right of action
by the state or any person for any right, penalty, or forfeiture which
may arise under any law of this state. All penalties accruing under
this chapter shall be cumulative of each other, and a suit for or
recovery of one (1) shall not be a bar to the recovery of any other
penalty.
(Formerly: Acts 1905, c.53, s.22.) As amended by P.L.62-1984,
SEC.12; P.L.384-1987(ss), SEC.28.
IC 8-3-1-21
Accident reports; facilities maintenance
Sec. 21. (a) Every railroad company subject to this chapter shall
report to the department as soon as possible after it has occurred,
every accident and the general cause thereof, involving loss of life or
serious injury to passenger or employee.
(b) Whenever the department shall secure reliable information, or
complaint shall have been made, or, because of reports made by its
inspectors, shall have reason to believe, that any carrier in this state
does not provide and adequately maintain sanitary drinking water
and sanitary dispensers therefor on all locomotives and cabooses in
use, or that any such carrier does not provide a room or rooms at all
terminals, for the use of the department's employees, containing
adequate wash basins, shower baths, inside toilets, sanitary drinking
water dispensed in a sanitary manner, and sufficient lockers for
checking employees' clothing, it shall be the duty of the department
to cause such investigation to be made as it may deem necessary, and
when such investigation shall have been made, the department shall
make a report to the manager or superintendent of the railroad
company. In said report and recommendations, the department shall
make an accurate statement of the time such examination was made,
of the exact location, character, and extent of such defects or
omissions, if any such shall have been found, and shall also
recommend such reasonable changes and improvements, additions,
buildings, and accommodations, as are, in the opinion of the
department, necessary to remedy such faults, neglects, requirements,
or defects. Such recommendations shall set out specifically a
reasonable time within which such improvements or changes or
additions shall be made by the railroad company, and if they are not
so made within said time so specified, then the department, if it
considers it best so to do, may commence proceedings by mandamus
or other remedy, in some circuit or superior court having jurisdiction
of the carriers, to enforce compliance with its order. All courts,
circuit, superior, appellate, or supreme, as shall obtain jurisdiction in
these cases, shall give preference to such cases, and shall hear and
determine the same speedily to the end that the employees' interests
and the public interests may not suffer.
(Formerly: Acts 1905, c.53, s.23; Acts 1907, c.241, s.19; Acts 1911,
c.76, s.1; Acts 1933, c.58, s.1; Acts 1949, c.9, s.1.) As amended by
P.L.12-1984, SEC.2; P.L.384-1987(ss), SEC.29; P.L.50-2011,
SEC.2.
IC 8-3-1-21.1
Abandonment of railroad right-of-way; notices; removal of
crossing control devices; failure to comply; cost; recreational use
Sec. 21.1. (a) Upon receiving notice of intent to abandon railroad
rights-of-way from any railroad company, the department shall, upon
receipt, notify:
(1) the county executives, county surveyors, and cities and
towns of the counties affected;
(2) the Indiana economic development corporation;
(3) the office of tourism development; and
(4) the department of natural resources;
of the notice.
(b) Within one (1) year of a final decision of the Interstate
Commerce Commission permitting an abandonment of a railroad
right-of-way, the railroad shall remove any crossing control device,
railroad insignia, and rails on that part of the right-of-way that serves
as a public highway and reconstruct that part of the highway so that
it conforms to the standards of the contiguous roadway. The Indiana
department of transportation or the county, city, or town department
of highways having jurisdiction over the highway may restore the
crossing if the unit:
(1) adopts construction specifications for the project; and
(2) enters into an agreement with the railroad concerning the
project.
The cost of removing any crossing control device, railroad insignia,
rails, or ties under this subsection must be paid by the railroad. The
cost of reconstructing the highway surface on the right-of-way must
be paid by the Indiana department of transportation or the county,
city, or town department of highways having jurisdiction over the
crossing.
(c) If a railroad fails to comply with subsection (b), the Indiana
department of transportation or the county, city, or town department
of highways having jurisdiction over the crossing may proceed with
the removal and reconstruction work. The cost of the removal and
reconstruction shall be documented by the agency performing the
work and charged to the railroad. Work by the agency may not
proceed until at least sixty (60) days after the railroad is notified in
writing of the agency's intention to undertake the work.
(d) This section does not apply to an abandoned railroad
right-of-way on which service is to be reinstated or continued.
(e) As used in this section, "crossing control device" means any
traffic control device installed by the railroad and described in the
National Railroad Association's manual, Train Operations, Control
and Signals Committee, Railroad-Highway Grade-Crossing
Protection, Bulletin No. 7, as an appropriate traffic control device.
(f) Costs not paid by a railroad under subsection (b) may be added
to the railroad's property tax statement of current and delinquent
taxes and special assessments under IC 6-1.1-22-8.1.
(g) Whenever the Indiana department of transportation notifies the
department of natural resources that a railroad intends to abandon a
railroad right-of-way under this section, the department of natural
resources shall make a study of the feasibility of converting the
right-of-way for recreational purposes. The study must be completed
within ninety (90) days after receiving the notice from the Indiana
department of transportation. If the department of natural resources
finds that recreational use is feasible, the department of natural
resources shall urge the appropriate state and local authorities to
acquire the right-of-way for recreational purposes.
(Formerly: Acts 1973, P.L.65, SEC.1.) As amended by Acts 1980,
P.L.74, SEC.39; Acts 1982, P.L.62, SEC.3; Acts 1982, P.L.75,
SEC.1; P.L.63-1984, SEC.1; P.L.84-1986, SEC.1; P.L.384-1987(ss),
SEC.30; P.L.8-1989, SEC.49; P.L.18-1990, SEC.35; P.L.4-2005,
SEC.114; P.L.229-2005, SEC.6; P.L.3-2008, SEC.73.
IC 8-3-1-21.2
Restoration; apportionment of costs
Sec. 21.2. (a) The department may order the apportionment of
costs that result from the restoration, under section 21.1(b) of this
chapter, of grade crossings with abandoned railroads among the
railroads and the public agencies. After receiving a petition from a
railroad or an affected public agency, the department shall:
(1) give notice of the pending action;
(2) provide an opportunity for the affected parties to be heard
by the commission;
(3) apportion the costs among the railroad and the public agency
according to section 21.1 of this chapter; and
(4) adopt rules under IC 4-22-2 to establish the respective
responsibilities of railroads and public agencies performing
restoration work on grade crossings with abandoned railroads.
(b) The department shall determine the reasonableness of the cost
of the restoration charged to the railroad under section 21.1(c) of this
chapter if the railroad petitions for that determination.
As added by Acts 1977, P.L.106, SEC.1. Amended by P.L.63-1984,
SEC.2; P.L.17-1985, SEC.5; P.L.384-1987(ss), SEC.31.
IC 8-3-1-21.3
Improvement of street or highway intersecting railroad
right-of-way; notice and assessment of cost to owner
Sec. 21.3. (a) When a public street or highway intersects with a
railroad right-of-way that is not owned by a railroad, the public
agency with jurisdiction over the street or highway may:
(1) remove any crossing control devices;
(2) remove railroad insignia, rails, or ties; or
(3) reconstruct the highway so that it conforms with the
standards of the intersecting street or highway.
(b) The public agency may not proceed under subsection (a) until
the owner of the railroad right-of-way is given written notice of the
agency's intention to undertake the work.
(c) The cost of the work shall be documented and charged to the
owner, and if not paid by the owner, the cost may be added to the
owner's property tax statement of current and delinquent taxes and
special assessments under IC 6-1.1-22-8.1.
As added by P.L.95-1985, SEC.1. Amended by P.L.3-2008, SEC.74.
IC 8-3-1-22
Abandoned railroad rights-of-way intersecting or crossing public
highways; resurfacing
Sec. 22. If the department determines that the right-of-way of a
railroad which intersects or crosses a public highway or street is
abandoned, any unit of government may resurface that intersection
or crossing.
As added by Acts 1982, P.L.75, SEC.2. Amended by
P.L.384-1987(ss), SEC.32.
IC 8-3-1-23
Expenses; charges and payment
Sec. 23. Any expense incurred by the department, either upon a
complaint against a railroad or upon a petition of any railroad, shall
be charged and paid in the manner provided for public utilities under
IC 8-1-6.
As added by P.L.384-1987(ss), SEC.33.
IC 8-3-1-24
Repealed
(Repealed by P.L.82-1991, SEC.1.)