Section 45 IAC 16-3-20 - Filing of tariffs; posting; rejectionAuthority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 20.
FILING AND POSTING TARIFFS.
(a) Filing tariffs. Tariffs and supplements thereto shall be filed by the proper officer or duly authorized agent of the carrier. When filed by an officer, the concurrence, and when filed by an agent, the power of attorney of every carrier participating therein shall be on file with the Commission or accompany the tariff or supplement. Tariffs shall be filed by the issuing carrier or agent, and such filing will constitute filing for all carriers parties thereto. An agent duly authorized to act for carriers shall file tariffs under his own P.S.C.I. serial numbers. (b) Avoid conflict between tariffs. A carrier that grants authority to an agent or to another carrier to publish and file certain of its rates shall not in its own issues publish rates which duplicate or conflict with those which are published by such authorized agent or other carrier. (c) Numerical order, or explanation of missing numbers required. Each carrier and agent shall file tariffs and supplements under consecutive P.S.C.I. or supplement numbers. If, for any reason, this is not done, the tariff or supplement which is not numbered consecutively with the publication last filed must be accompanied by a memorandum explaining why consecutive numbers were not used. (d) Letter of transmittal. (1) All tariffs and supplements filed with the Commission shall be accompanied by a letter of transmittal of one sheet either 8 x 10 1/2 or 8 1/2 x 11 inches in size, in form substantially as follows: ______________________________________
(Name of carrier or agent in full)
_______________________________________
(Post office address)
__________ , 19 _____ .
Transmittal ________________
To the Public Service Commission of Indiana, Indianapolis, Indiana 46204:
Accompanying publication is sent you for filing in compliance with the requirements of The Motor Carrier Act issued by __________ and bearing P.S.C.I. No. _____ ; or Supp. No. _____ to P.S.C.I. No. _____ ; or revised page to P.S.C.I. No. _____ ;
effective _____ , 19 _____ ; and is concurred in by all carriers named therein as participants under continuing concurrences or powers of attorney now on file with the Public Service Commission, except the following-named carriers, whose authorities are attached hereto:
____________________________
(Signature)
___________________________
(Title)
(2) A separate letter may accompany each publication or the form may be modified to provide for filing with one letter as many publications as can be conveniently listed. (3) If receipt for the accompanying publications 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) Number of copies. (1) Carriers and agents shall transmit to the Commission three copies of each tariff, supplement, revised page, classification, or other publication to be filed, all copies to be included in one package and under one letter of transmittal. A separate letter of transmittal shall be included for each joint agent. (2) No tariff, revised page, or supplement will be received by the Commission unless it is delivered to it free from all charges, including claims for postage. (3) Tariffs sent for filing shall be addressed: Public Service Commission of Indiana Transportation-Tariff Dept., 901 State Office Bldg. Indianapolis, Indiana 46204 (4) Tariff publications received for filing will not be returned unless rejected because of failure to give lawful notice of changes, or for other valid reason. (f) Statutory notice must be shown unless otherwise authorized. (1) Section 17 of the Motor Carrier Act requires that all changes in rates or charges, or in rules or other provisions that affect rates, shall be filed with the Commission at least 30 days before the date upon which they are to become effective unless otherwise authorized by the Commission. Manifestly it is impossible for the Commission to check the items in tariffs to determine whether or not statutory notice has been given. Therefore, except as otherwise authorized by the Commission, 30 days' notice to the public and to the Commission must be given as to every tariff publication filed with the Commission, regardless of whether or not changes are effected thereby. (2) Rates, charges, rules, or other provisions which have been filed with the Commission must be allowed to become effective and remain in effect for a period of at least 30 days before being changed, cancelled, or withdrawn, unless otherwise authorized by the Commission. (g) Filing of tariffs with Commission does not relieve carriers from liability for violation of act or regulations thereunder. (1) The law affirmatively imposes upon each carrier the duty of filing with the Commission and posting for public inspection all of its tariffs and amendments thereto in the manner prescribed in the law and in regulations promulgated by the Commission. A penalty is provided for failure to do so, or for using any rate which is not contained in its lawfully published and filed tariffs. The receipt and acceptance for filing of a tariff or supplement by the Commission does not relieve carriers from liability for violation of the act or of regulations issued thereunder. (h) Posting of Tariffs. (1) Except as provided herein, each carrier by motor vehicle subject to the provisions of Section 17 of the Motor Carrier Act, and as amended, shall post and file at each of its stations or offices which is in charge of a person employed exclusively by the carrier or by it jointly with another carrier and at which freight is received for transportation all of the tariffs containing rates, charges, classifications, and rules or other provisions applying from, or at, such station or office. (2) Except as provided herein each of such carriers shall also maintain at its principal or general office a complete file of all tariffs issued by it or by its agents, including those tariffs in which it concurs. (3) Carriers operating only as pick-up carriers within the pick-up area at point of origin and carriers operating only as delivery carriers within the delivery area at point of destination who are shown as participating carriers in the tariffs naming rates from, to, or between such points will not be required to post such tariffs, provided the line-haul carrier with whom they interchange traffic maintains a terminal at the pick-up or delivery point, as the case may be, and posts such tariffs in accordance with this rule. (4) The granting of authority to issue tariffs under powers of attorney or concurrences does not relieve the carriers conferring the authority from the necessity of complying with the Commission's regulations with regard to posting tariffs. Tariffs issued under such authority must be posted as required by the regulations in this paragraph. (5) Each file of tariffs shall be kept in complete and accessible form. Employees of the carrier shall be required to give any desired information contained in such tariffs, to lend assistance to seekers of information therefrom, and to afford inquirers opportunity to examine any of such tariffs without requiring the inquirer to assign any reason for such desire. (i) Rejection of tariffs and notices of revocation. (1) Any tariff tendered for filing, which fails to give lawful notice of changes in rates, charges or other provisions which it proposes to establish, or which fails to meet the requirements of the regulations contained in these rules, or violates any order of the Commission or of a court, is subject to rejection by the Commission. When a tariff is rejected, the Commission, acting through a designated administrative officer, will inform the carrier or the agent who tendered it for filing, in writing, of the reasons for rejection, and will return the rejected tariff to such carrier or agent. (2) The number assigned to a tariff which has been rejected may not again be used. The rejected tariff may not be referred to in any subsequent tariff as having been cancelled, amended or withdrawn, but the tariff which is published in its stead must bear the following notation: "Issued in lieu of (here identify the rejected tariff), rejected by the Commission." (3) A notice of the revocation, complete or partial or a concurrence or power of attorney which, if it were to become effective, would require the establishment of rates or charges in violation of an order of the Commission or of a court, or of the regulations in these rules, may be rejected in the same manner as a tariff, and any such notice of revocation which would require the establishment of rates or charges of doubtful lawfulness may be suspended. Department of State Revenue; No. 33034: Common Carrier Freight Tariffs and Classifications PT A, Rule 18; filed Feb 15, 1973, 3:00 pm: Rules and Regs. 1974, p. 498Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 2-3-20) to the Department of State Revenue ( 45 IAC 16-3-20) by P.L. 72-1988, SECTION 12, effective July 1, 1988.