Section 105IAC5-1-39. Contract implementation date

   Transportation or service performed under a contract or amendment may begin, without specific commission authorization on or after the date the contract and contract summary or contract amendment and supplement are filed and before commission aproval [sic.] as defined at 170 IAC 3-1.1-40.1(F) [section 40(f) of this rule], subject to the following conditions:

  (a) The contract or contract amendment shall specifically state that the transportation or service may begin on the date of filing and that performance is subject to the conditions of this section. The contract summary or supplement shall separately reflect the date of commencement of service under this provision under 170 IAC 3-1.1-47.1(a)(4) [section 48(a)(4) of this rule], "duration of the contract".

  (b) If the rail equipment standards of 49 U.S.C. Sec. 10713(k) are exceeded, prior relief shall be obtained from the commission and shall be specifically identified in the contract summary.

  (c) If the commission disapproves or rejects the contract or amendment, the appropriate noncontract tariffs or the contract provisions otherwise in effect under previously approved contracts and amendments will be applicable.

  (d) Before commission approval, the contract or amendment and transportation are subject to commission jurisdiction, 49 U.S.C. Sec. 10713, and applicable regulations.

  (e) Transportation or service may not begin under a contract or an amendment to a contract before the filing date of either the contract or the amendment, respectively. (Indiana Department of Transportation; 105 IAC 5-1-39; filed Feb 27, 1985, 9:24 a.m.: 8 IR 777; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA) NOTE: Transferred from Department of Transportation (100 IAC 6-1-39) to Indiana Department of Transportation (105 IAC 5-1-39) by P.L.112-1989, SECTION 5, effective July 1, 1989.