45 Ind. Admin. Code 16-3-29

Current through November 6, 2024

Section 45 IAC 16-3-29 - Publication, notice of filing and posting of schedules

Authority: IC 8-2.1-18-6

Affected: IC 8-2.1-18

Sec. 29.

PUBLICATION, FILING AND POSTING OF SCHEDULES.

(a) Contract carriers must file schedules. Except as otherwise provided in these regulations and except to the extent that the Commission grants relief from the requirements of the Act for filing schedules every contract carrier shall publish and file in its own name schedules clearly and explicitly stating minimum rates and charges (see Note A) covering the services which it performs, together with rules, regulations and practices affecting those rates and charges or the value of the service thereunder.

NOTE A-Rates shall be stated in cents or in dollars per 100 pounds, per mile, per hour, per ton of 2,000 pounds, per ton of 2,240 pounds, per truckload of specified amount or per other defined unit.

(b) Agency or joint schedules prohibited. A contract carrier may not participate in a tariff or schedule issued by another carrier or by an agent except that it may participate under power of attorney in an agency publication containing highway distances, in an agency publication containing rate basis numbers, and in an agency publication containing the Hazardous Materials Regulations promulgated by the Department of Transportation to govern the transportation of explosives or other dangerous articles. (See Rule 3.)

(c) Number of copies filed. Issuing carriers shall file with the Commission three (3) copies of each schedule, supplement, or revised page of a schedule, and for the Commission's confidential file, one copy of each contract. All copies shall be included in one package accompanied by a letter of transmittal (in duplicate if a receipt is desired) listing the publications enclosed, which shall be addressed to the Public Service Commission of Indiana, Transportation Tariff Bureau, 901 State Office Building, Indianapolis, Indiana 46204. Such letter of transmittal must give a full and detailed explanation of the reason or reasons for such changes of rates or rules. All postage and other charges must be Prepaid. The Commission may decline to accept for filing any publication which is not accompanied by a letter of transmittal.

(d) Letters of Transmittal.

(1) Each letter of transmittal shall be on paper either 8 x 10 1/2 inches or 8 1/2 x 11 inches in size and in form substantially as follows:

___________________ (Correct Name of Carrier)

___________________ (Permit or Docket No.)

___________________ (Complete Address)

___________________ (Date)

Transmittal No. __________

The accompanying contract carrier schedule is sent to you for filing in compliance with the requirements of the Motor

Carrier Act, issued by _____ , and bearing P.S.C.I. No. _____ ; or Supplement No. _____ to P.S.C.I. No. _____ effective

_____ .

The following contracts or amendments to contracts with shippers for the transportation of property are sent to you for filing in compliance with the Regulations of the Commission. ________________________ ______________________

Name and address of shipper (Effective date of contract)

________________________ ______________________

Name and address of shipper (Effective date of contract)

________________________ ______________________

Name and address of shipper (Effective date of contract)

Signed ___________________________

Title _________________________

(2) Each letter of transmittal shall bear the signature of the person issuing the schedule, except that it may bear the signature of the carrier's representative authorized to file schedules with the Commission, provided that a letter of authorization in the form set forth in this subparagraph accompanies the letter of transmittal or has been previously submitted and is effective in the Commission's files. A carrier may have in effect in the Commission's files at any time, one, and only one, such letter of authorization. The Commission may decline to accept for filing any schedule not accompanied by a properly signed letter of transmittal.

LETTER OF AUTHORIZATION TO FILE SCHEDULES OF CONTRACT CARRIERS

__________________________

(Complete name of carrier)

Permit or Docket No. _____

__________________________

__________________________

(Complete Address)

Date ________________

TO THE PUBLIC SERVICE COMMISSION OF INDIANA

901 STATE OFFICE BUILDING INDIANAPOLIS, INDIANA 46204 This is to certify that

(Name and address of individual authorized to act) is hereby authorized to sign letters of transmittal and transmit to the Commission thereunder for filing in compliance with the Motor Carrier Act, as amended, schedules and supplements thereto issued in the name and P.S.C.I. series of the carrier named herein, and contracts or amendments to contracts.

All such schedules and supplements are to be considered the official filings of the carrier named herein when tendered for filing by the individual named in the first paragraph hereof.

Name of Carrier ____________________

By ____________________

Verification:

The above statement was subscribed and sworn to before me this _____ day of _____ , 19 _____ .

___________________

Notary Public

(3) A separate letter of transmittal may accompany each schedule and each contract or the form may be modified to provide for filing with one letter as many schedules, supplements to schedules and contracts or amendments to contracts as can be conveniently listed. If receipt for the schedules or contracts is desired, letters of transmittal must be sent in duplicate and one copy showing the date of receipt by the Commission will be returned to the sender.

(e) Notice of filing.

(1) Each new rate or charge and each reduced rate or charge, also each new or changed rule, regulation or practice which effects a reduction in rates or charges or which increases the value of the service shall be published in a schedule which shall be posted and filed with the Commission at its office, at least 30 days prior to the effective date of such rate, charge, rule, regulation or practice.

(2) Increased rates or charges and changes in rules, regulations, or practices which effect a decrease in the value of service or increase in a rate or charge, and rates, charges, rules, regulations or practices republished without change, shall be published in a schedule which shall be posted and filed with the Commission at least one day prior to the effective date of such rates, charges, rules, regulations, or practices. See Rule 3(g) and Rule 4.

(f) Schedules must be supported by a true copy of each related contract. A schedule shall not be published and filed to apply on any commodity or from or to any point or for any service not covered by contract filed with this Commission; unless it is accompanied and supported by a true copy of a contract or an amendment to a previously filed contract.

(g) Posting of schedules. At its headquarters or general offices every contract carrier shall keep available for public inspection a complete file of all its effective schedules. Upon request assistance shall be furnished to anyone seeking information from those schedules.

45 IAC 16-3-29

Department of State Revenue; No. 33034: Schedules of Rates by Motor Vehicles In Intrastate Commerce PT B,Rule 2; filed Feb 15, 1973, 3:00 pm: Rules and Regs. 1974, p. 515

Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 2-3-29) to the Department of State Revenue ( 45 IAC 16-3-29) by P.L. 72-1988, SECTION 12, effective July 1, 1988.