Section 45 IAC 16-3-37 - Temporary control of operationsAuthority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 37.
TEMPORARY OPERATION OF CONTRACT CARRIER PROPERTIES.
(a) New carrier assuming temporary control. When temporary authority to take over the operating control of all or a portion of the operations of a contract carrier is granted pursuant to the provisions of Section 28a of the Act, the new carrier that assumes temporary control of the operations of the old carrier shall, except as provided in Paragraph (b) of this rule, comply with the provisions of Rule 6, Rule 7, and Rule 9. (b) New powers of attorney to be in series of old carrier. The new carrier is not required to reissue the adopted powers of attorney during the period of temporary control of the operations of the old carrier. New powers of attorney relating to the temporarily controlled operations shall be in the series of the old carrier; for example: P.S.C.I. MI No. 6 (Roe's Trucking Series) JOHN DOE TRANSPORT, INC.
Operator of
Richard Roe, d/b/a Roe's Trucking
(Post Office Address)
(c) Publications of the new carrier to be in its name as operator of the old carrier. Changes in schedules of rates, minimum rates, charges or provisions relating thereto, applying from, to, or between points in the temporarily controlled operations shall be published and filed in the name of the new carrier as operator of the old carrier and numbered in the series of the old carrier. For example, if John Doe Transport, Inc., assumes temporary control of the operations of Richard Roe, d/b/a Roe's Trucking, the title page of schedules must show the P.S.C.I. number and name of the carrier in substantially the following manner: P.S.C.I. No. 17 (Roe's Trucking Series) JOHN DOE TRANSPORT, INC.
Operator of Richard Roe d/b/a Roe's Trucking
(d) Adoption notice to be filed when permanent authority is granted to take over temporarily controlled operations. When permanent authority to take over the temporarily controlled operation is granted pursuant to the provisions of Section 28a of the Act, the new carrier shall file an adoption notice and otherwise comply with the provisions of Rule 6, Rule 7, and Rule 9. (e) Adoption notice to be filed when temporary authority ends. If the temporary authority to assume operating control of the old carrier is discontinued or vacated, the old carrier must file an adoption notice and otherwise comply with Rule 6, Rule 7, and Rule 9. The effective date to be shown in the adoption notice and adoption supplements is the date on which the new carrier's temporary authority to operate the properties of the old carrier expires or is vacated. Department of State Revenue; No. 33034: Schedules of Rates by Motor Vehicles In Intrastate Commerce PT B,Rule 10; filed Feb 15, 1973, 3:00 pm: Rules and Regs. 1974, p. 529Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 2-3-37) to the Department of State Revenue ( 45 IAC 16-3-37) by P.L. 72-1988, SECTION 12, effective July 1, 1988.