§ 8-3-2-5 — Freight and coal cars; duty to provide; shipment of livestock and perishable property; preference

Every carrier subject to this chapter shall furnish
to all parties who apply therefor, as provided in this chapter, suitable
cars for the transportation of all kinds of freight in carload lots. If the
car equipment of the carrier is not adequate to supply the whole
number of cars demanded by applicants for immediate use, then the
carrier shall distribute its available equipment between the applicants
in proportion to their respective requirements for immediate use, and
the distribution shall be made without discrimination between shippers
or between competitive and noncompetitive points, subject to the rules
of the Indiana department of transportation. Preference shall be given
to the shipment of livestock and perishable property, and in all cases
where any coal mine or mines are under contract to furnish all or any
part of their product to the state for the use of all or any of the buildings
or public institutions of the state, the department may, by order, require
any carrier serving the mine or mines to supply empty coal cars to the
mine or mines for delivery only of coal within Indiana up to one
hundred percent (100%) of the cars necessary to fill the daily order
contracted by the mine with the state for the use of state buildings or
institutions. A carrier serving a coal mine or mines shall comply with
the order. Reconsignment of shipments of coal are unlawful unless
authorized by the Indiana department of transportation.
Formerly: Acts 1907, c.231, s.5; Acts 1920(2ss), c.15, s.1. As
amended by P.L.62-1984, SEC.17; P.L.384-1987(ss), SEC.35;
P.L.18-1990, SEC.43.