Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 2 - Construction and Filing of Passenger Fare Publications and Schedules; Express Tariffs and Time Tables › Section 2-15 - Changes in fares and charges; application for special permission

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 15.
Application for Special Permission.
(a) The Motor Vehicle Act, 1941, authorizes
				the Commission in its discretion and for good cause shown to permit changes in
				fares and charges on less than statutory notice, and also to permit departure
				from the Commission's regulations. The Commission will exercise this authority
				only in cases where actual emergency and real merit are shown. Desire to meet
				the fares and charges of a competing carrier that has given statutory notice of
				change in fares and charges will not of itself be regarded as good cause for
				permitting changes in fares and charges or other provisions on less than
				statutory notice. Clerical or typographical errors in tariffs constitute good
				cause for the exercise of this authority, but every application based thereon
				must plainly specify the error, together with a full statement of the attending
				circumstances and must be presented with reasonable promptness after issuance
				of the defective tariff, supplement or revised page.
(b) When a formal order of the Commission
				requires publication on a stated number of days' notice, a request addressed to
				the Tariff Bureau for authority to file on less notice will not be granted. In
				any such instance a petition for modification of the order should be filed on
				the formal docket.
(c)
				Applications for permission to establish fares, charges, rules, or other
				provision on less than statutory notice, or for waiver of the provisions of
				this tariff circular must be made by the carrier or agent that holds authority
				to file the proposed publication. If the application requests permission to
				make changes in joint tariffs, it must state that it is filed for and on behalf
				of all carriers parties to the proposed change.
(d) Two copies of applications (including
				amendments thereto and exhibits made a part thereof) shall be addressed to the
				Public Service Commission of Indiana, Room 401, State House, Indianapolis 4,
				Indiana.
Applications shall be made on paper 8 by 10 1/2 inches, and
				  shall give all the information required by this rule together with any other
				  pertinent facts. They shall be numbered consecutively and must bear the
				  signature of the carrier or its agent or officer, specifying title.
(e) Applications shall show the
				following information:
(1) The proposed
				tariff provisions shall be set forth clearly and completely. An accompanying
				exhibit may be used if identified by letter, such as Exhibit A, and so referred
				to in the application. If the proposed provisions consist of fares or charges,
				all points of origin and destination must be shown or definitely indicated; if
				permission is sought to establish a rule, the exact wording of the proposed
				rule must be given.
(2) The
				application shall show the tariffs and PSCI No. B _____ numbers of the
				publications in which the proposed fares, charges, ratings, rules or other
				provisions will be published. If the publication is to be made in supplements
				to tariffs already referred to, this fact shall be shown.
(3) The application shall set forth the
				fares, charges, or tariff provisions which it is desired to change. Where the
				matter to be shown is voluminous or for other reasons difficult of
				presentation, it may be included in an accompanying exhibit, properly
				identified and referred to in the application. Reference shall be made by PSCI
				No. B _____ and supplement number to the tariffs or supplements in which fares,
				charges, or provisions to be superseded are published. If such provisions are
				published in numbered items or other units, reference shall be made thereto by
				number, or, if not so published, the pages of the publication on which the
				provisions appear shall be shown. The extent to which cancellation will be made
				must be definitely indicated.
(4)
				The application shall state the names of carriers known to maintain competitive
				fares, charges, classification ratings, or rules between the same points or
				points related thereto, together with the PSCI No. B _____ numbers of the
				tariffs and supplements thereto containing such provisions.
(5) The application shall state whether such
				carriers have been advised of the proposed fares, charges, classification
				ratings, or rules and whether they have been advised that it is proposed to
				establish such provisions on less than statutory notice. If competitive
				carriers have expressed their views in regard to the proposed provision, a
				brief statement of their views shall be given.
(6) The application shall state the special
				circumstances or unusual conditions which are relied upon as justifying the
				requested permission together with any related facts or circumstances which may
				aid the Commission in determining whether the statutory notice is sought, the
				petitioner shall state why the proposed provisions could not have been
				established upon 10 days' notice.