Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1 - Motor Carrier Department › Section 1-3 - Intrastate temporary or emergency temporary authority; application; issuance or denial

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 3.
INTRASTATE TEMPORARY OR EMERGENCY TEMPORARY AUTHORITY.
(a) Application for Temporary
				Authority.
(1) Granted Ex Parte-Time
				Limitation. To enable a carrier to render service for which there is an
				immediate need to a point or points within a territory having no adequate
				carrier service capable of meeting such need the Commission may, in its
				discretion and without hearing, grant temporary authority for such service by a
				common or contract carrier by motor vehicle, which authority, unless suspended
				or revoked for good cause, shall be valid for such time as the Commission shall
				specify, not exceeding 180 days, unless extended by further order of the
				Commission.
(2) Forms-Procedure.
				All applications for temporary authority shall be on such forms as from time to
				time may be prescribed and approved by the Commission. All such applications
				shall be subject to the procedure hereinafter set out.
(3) Immediate Necessity-Filing Coextensive
				Permanent Application. Temporary authority shall be granted only upon proof to
				the satisfaction of the Commission that the necessity for immediate service is
				such that it must be rendered before sufficient time for a determination on the
				merits of an application for permanent authority. No application for temporary
				authority shall be accepted unless there is filed therewith a coextensive
				application for permanent authority. The granting of an application for
				temporary authority shall create no presumption that corresponding permanent
				authority will be granted thereafter.
Applications for temporary authority must be accompanied by
				  the necessary forms evidencing compliance with the insurance and tariff filing
				  requirements of this Commission as set out in Subparagraph (a) (5) of this Rule
[this section]
.
(4) Contents of Affidavits Supporting
				Immediate Necessity. Applications for temporary authority must be verified and
				accompanied by affidavits sufficient to prove to the satisfaction of the
				Commission the immediate necessity for transportation services. Such affidavits
				must include at least the following information:
(A) Name, address and business of the affiant
				and his interest in supporting the temporary application;
(B) Description of the specific points or
				territory in which transportation is required;
(C) Description of the specific commodity or
				commodities to be transported;
(D)
				Volume of anticipated traffic, frequency of movement and how transportation has
				been accomplished in the past year;
(E) How soon the service must be provided,
				the reasons for the time limit and the anticipated duration of the
				transportation necessity;
(F)
				Recital of the consequences if the authority requested is not granted;
(G) The circumstances which
				created the immediate need for the authority requested; and (H) Recital of the
				efforts made to obtain services of existing certificated carriers.
(5) Compliance with Tariff and
				Insurance Filing Requirements Prior to Action Upon Temporary Authority. The
				Commission shall not consider or act upon any application for temporary
				authority unless and until the applicant has complied with the applicable
				provisions of the Act and the Rules and Regulations of the Commission governing
				the filing of proposed tariffs, schedules and contracts, the filing of
				acceptable insurance certification and, if a nonresident applicant, the
				designation of a resident agent for the service of process. Failure of the
				applicant to effect compliance with the aforesaid filing requirements at the
				time of the filing of its application for temporary authority shall result in
				the rejection of such application for filing with the Commission.