Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart C - POWERS OF ATTORNEY, CONCURRENCES, AND TRANSFER OF AGENT FOR MOTOR CARRIERS OF PROPERTY › Section 1225.255 - Take-over Publications - Motor Carriers

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a new agent is appointed for a reason
				set forth in Section
				1225.250
				or when an alternate agent assumes the duties of the principal agent, the new
				agent, immediately upon receipt of necessary authority, or the alternate agent,
				upon death or disability of the principal, shall issue a supplement to each of
				the effective tariffs (bound or loose-leaf) issued by or which had been taken
				over by the agent superseded. The supplement shall bear on its title page no
				effective date, but shall contain a statement reading substantially as follows:
On and after (show here, in the case of a new agent, the date
				  on which authorities are filed with this Commission; or in the case of an
				  alternate agent, the date on which the principal ceased to act) this
				  publication shall be considered as the issue of (show here name of new agent or
				  the alternate acting as such).
b) In the case of a new agent and a bound
				tariff, such supplement shall also contain a list of participating carriers,
				giving reference to the new authorities.
c) In the case of a new agent and a
				loose-leaf tariff, the supplement shall not name the participating carriers,
				but instead, one or more loose-leaf pages canceling the previous page or pages
				shall be issued containing the new list of participating carriers. Such a page
				shall identify the new authorities and refer to the take-over supplement, shall
				show the date of the take-over as the effective date, and may be filed without
				notice.
d) If the agent whose
				tariffs are being taken over maintains a participating carrier tariff, the
				take-over publications to the agent's other tariffs shall not list participants
				if the tariff that is being amended does not specifically list them. The
				take-over publication to the participating carrier tariff shall, however,
				provide a complete list of all participants therein and in tariffs governed
				thereby on the date of take-over.
e) An agent only has authority to act for a
				carrier that has issued a power of attorney in its favor or issued an
				appropriate concurrence to such a carrier. Therefore, only the names of
				participating carrier that have issued such instruments may be shown in the
				take-over publication. Any updating, corrections, or deletions of the names of
				participating carriers must be made by the former agent (or alternate agent if
				authorized to act) and must become effective on lawful notice before the date
				of take-over.
f) The take-over
				supplement must remain in effect for the life of the tariff and shall be
				considered exempt from the provisions of Section
				1225.920
				limiting the number and the volume of supplements, but the participating
				carrier list therein, if any, may be amended.
g) An agent may not take over less than all
				of another agent's tariffs.
h)
				Where joint-agent publications are involved in a take-over there are four major
				situations. In each situation the supplement must be one containing no other
				matter than that necessary to effect and explain the action. In every case the
				agent who issues the take-over supplement shall also amend the list of
				participating carriers, where ever it is shown, in an appropriate fashion.
1) The principal agent is taken over by other
				than one of the joint agents. The new agent issues the take-over
				supplement.
2) A joint agent is
				taken over by other than the principal agent. The principal agent issues a
				supplement which indicates that the take-over took place and substitutes the
				name of the new agent for the one taken over.
3) A joint agent is taken over by the
				principal agent shown on the publication. The principal agent issues the
				take-over supplement and drops the name of the former agent and its ILLCC
				designation.
4) The principal agent
				is taken over by a joint agent shown on the publication. The joint agent
				automatically becomes the principal or sole agent, as the case may be, and
				issues the take-over supplement and drops the name of the former agent and its
				ILLCC designation.
5) In situations
				not identified in this subsection, the parties should consult with this
				Commission to arrive at an acceptable form for the publications effecting the
				take-over action.