§ 8-3-2-9 — Coal cars; duty to furnish

At the request of a carrier, coal mine operator, or
other interested party, the Indiana department of transportation, after
five (5) days notice to the interested carrier and the coal mine operators
on the carrier's line and a full hearing, shall adopt rules for the
distribution by the carrier of empty coal cars to the coal mines on the
line of the carrier. The rules adopted by the department may not
conflict with the provisions of section 5 of this chapter. The department
shall prescribe the manner in which the cars shall be applied for, the
manner in which the capacity and output of the mines shall be
ascertained, and the manner in which empty cars shall be distributed
and delivered. The department shall adopt other rules concerning the
subject as are necessary to secure a fair and equitable distribution of
cars without discrimination, so that each mine, in case of car shortage,
shall be secured the maximum amount of working time to which it is
entitled, after taking into consideration the capacity and output and the
shipping orders of all the mines and the available equipment on the line
for use in their operation. If conditions are the same, the department
may adopt the same rules for all carriers having coal mines on their
lines, or different rules for different lines, as the differing conditions
may require. The rules shall go into effect upon the date fixed by the
department and shall be observed by the carriers and all other persons
until set aside or modified by the department. The department may, at
any time, upon application by an interested party, modify or set aside
the rules and adopt other rules as required. Any party interested in such
rules may file a civil suit against the department in any court of
competent jurisdiction to set aside or annul a rule adopted by the
department.
Formerly: Acts 1907, c.231, s.9. As amended by P.L.62-1984,
SEC.20; P.L.384-1987(ss), SEC.37; P.L.18-1990, SEC.45.