45 Ind. Admin. Code 16-3-14

Current through November 6, 2024
Section 45 IAC 16-3-14 - Distance or mileage rates

Authority: IC 8-2.1-18-6

Affected: IC 8-2.1-18

Sec. 14.

DISTANCE RATES.

(a) Distance rates may be used when no other rates provided.
(1) A carrier or an agent acting for a carrier or carriers, may file tariffs containing distance or mileage class or commodity rates, or both. Except as otherwise provided in these rules, distance or mileage class rates may be used only when no through class rates (other than distance class rates) are published to apply from and to the same points over the same route, and distance or mileage commodity rates may be used only when no through commodity rates (other than distance commodity rates) are published to apply from and to the same points over the same route. Except as otherwise provided in these rules, distance or mileage commodity rates will apply even though through class rates are published to apply from and to the same points over the same route.
(2) Tariffs containing distance or mileage rates shall clearly and definitely show the application of the rates. Distance tariffs of regular route carriers shall contain an alphabetical list of points between which the rates apply and shall also show in proper arrangement the distances between such points, or shall make reference by P.S.C.I. number to a separate tariff, constructed in accordance with one of the plans set forth in paragraph (c) of this rule, for such list of points and distances. Tariffs of irregular route carriers naming mileage rates may either contain a list of points served together with distances or may refer by P.S.C.I. number to a distance guide or guides issued by such carriers or their duly authorized agents clearly and accurately indicating distances between all points served.
(b) Notation on distance class rate tariff.
(1) Each tariff that contains only distance or mileage class rates must bear on its title page the following rule:

Distance or mileage class rates shown herein may be used only when no commodity rates or class rates (other than distance class rates) have been published to apply from and to the same points over the same route.

(2) Each tariff that contains only distance or mileage commodity rates must bear on its title page the following rule: Distance or mileage commodity rates shown herein may be used only when no commodity rates (other than distance commodity rates) have been published to apply from and to the same points over the same route.
(3) Each tariff that contains only distance or mileage class and commodity rates must bear on its title page the following rule: Distance or mileage class rates shown herein may be used only when no commodity rates or class rates (other than distance class rates) have been published to apply from and to the same points over the same route, and distance or mileage commodity rates shown herein may be used only when no commodity rates (other than distance commodity rates) have been published to apply from and to the same points over the same route.
(4) If distance or mileage rates without alternative application are published in a tariff which also contains rates other than distance rates, the notations for class, or commodity, or both class and commodity rates, as the case may be, prescribed by this section shall be shown immediately in connection with such distance or mileage rates.
(c) Local distance table must be filed.
(1) Each regular route carrier that maintains local distance or mileage rates published in a tariff which does not contain a list of points between which such rates apply together with distance between such points shall publish, post, and file, individually or through an agent, a tariff containing a list of points served and the distances over its line between such points, arranged in one of the following four ways:
(i) Showing the distance from each point to each point.
(ii) Showing the distance from each point to each transfer point with another carrier or with a branch of the same carrier.
(iii) Showing the distance from each transfer point with another carrier or with a branch of its own line to each other such transfer point, and the distance from each local point to the nearest transfer point in each direction.
(iv) Until further notice, carriers may comply with this rule by including in each tariff naming distance rates a map, specially prepared and made an integral part of the tariff, indicating clearly and accurately the distances between all points between which rates are published. Instead of including separate maps in rate tariffs, reference may be made in the rate tariff to a separate distance guide constructed on the principle of maps, or combination of tables and maps, definitely and clearly indicating distance between the points covered by the rate tariff making reference thereto. All carriers parties to rate tariffs making reference to separate distance guides must be parties also to the distance guide referred to in the rate tariff.
(2) Each of such tariffs shall clearly indicate the transfer points at which the carrier interchanges traffic and shall name the connecting carrier with which transfer is made at each such transfer point.
(d) Joint distance or mileage tables.
(1) Carriers, operating over regular or irregular routes, that participate in joint distance or mileage rates must either (i) publish in the tariff containing such joint distance or mileage rates or in a separate duly authorized publication an alphabetical list of all points between which such distance or mileage rates apply and the distances from each of such points to every other point, indicating in an appropriate manner which of such points are transfer points at which it is possible to interchange traffic and naming the connecting carriers at each such transfer point with which such transfer is possible; or (ii) file through an agent, duly authorized, a separate joint publication which shall contain an alphabetical list of all the transfer points on their respective lines at which it is possible to interchange traffic in the area embraced by the application of such joint distance or mileage rates, together with the names of the connecting carriers at each transfer point with which transfer is possible, and the distance from each such transfer point to each other transfer point; and they shall, in the tariffs containing such joint distance or mileage rates, give reference by P.S.C.I. number to such separate joint publication. The latter shall also contain the distance from each local station to the nearest transfer point in each direction over the line of the same carrier, or the tariff containing the joint distance or mileage rates shall refer by P.S.C.I. number to the tariff or tariffs of each carrier containing the distances between points on its line and such junction points.
(2) Until further notice, a method of publication of distances similar to that authorized in paragraph (c) (1) (iv) of this rule [this section] may be used instead of the methods of publication specified in paragraph (1) (i) and (ii) of this paragraph.

NOTE: It is not intended by the two preceding paragraphs to require carriers to have a separate publication for each rate tariff containing joint distances or mileage rates but all the distances over which joint rates in which such carrier participates may be included in one publication.

45 IAC 16-3-14

Department of State Revenue; No. 33034: Common Carrier Freight Tariffs and Classifications PT A, Rule 12; filed Feb 15, 1973, 3:00 pm: Rules and Regs. 1974, p. 488

Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 2-3-14) to the Department of State Revenue ( 45 IAC 16-3-14) by P.L. 72-1988, SECTION 12, effective July 1, 1988.