Section 45IAC16-3-25. Emergency rates and other tariff provisions

   MOTOR COMMON CARRIERS OF PROPERTY; ESTABLISHMENT OF RATES, ETC., COVERING EMERGENCY MOVEMENTS OF PROPERTY. (a) Subject to the limitations herein, motor common carriers of property may establish rates and other tariff provisions covering emergency movements of property under Section 28a of the Motor Carrier Act, without further notice prior to acceptance of shipments for transportation other than posting, where required, of an individual tariff publication (not a loose-leaf page), containing such rates, and other tariff provisions, and having four copies of the publication, with a letter of transmittal, filed with the Commission.

  (b) Additional departure from the terms of PART A. Motor common carriers of property may depart from the terms of PART A to the extent necessary to permit the filing of tariff publications in the manner authorized in the foregoing paragraph hereof.

  (c) Limitations. (1) This permission does not authorize the cancellation of any rate or provision on the same commodity between the same points and may not be used to establish rates and other provisions which will result in duplicating or conflicting rates, except as authorized in subparagraph (5) of this paragraph.

  (2) Tariffs filed hereunder must be consecutively numbered in the carrier's "ET" series in the following manner:

P.S.C.I. No. ET-

  (3) Tariffs filed hereunder may contain only the rates, rules, and other provisions covering the movement of property under emergency temporary authority and then only for a period of not more than 30 days and such tariffs may not contain other rates or provisions.

  (4) All tariffs filed hereunder must bear a specific expiration date which will not be later than the date upon which the emergency temporary authority expires.

  (5) When it has been discovered that provisions of the "ET" series tariff do not conform to emergency temporary authority actually granted, another tariff, in the carrier's "ET" series, may be filed in accordance with this section to cancel the first and conform tariff provisions to the operating authority.

  (6) Supplements to "ET" series tariffs are permissible only for the purpose of changing, specifically, the expiration date of the tariff to a date not later than the date upon which the emergency temporary authority, or an extension thereof, expires.

  This permission does not modify any outstanding formal order of the Commission, nor waive any of the requirements of its published rules relative to the construction and filing of tariff publications, except as herein authorized, nor modify any of the provisions of Section 28a of the Motor Carrier Act, except as to notice. (Department of State Revenue; No. 33034: Common Carrier Freight Tariffs and Classifications PT A, Rule 23; filed Feb 15, 1973, 3:00 pm: Rules and Regs. 1974, p. 514) NOTE: Transferred from the Indiana Utility Regulatory Commission (170 IAC 2-3-25) to the Department of State Revenue (45 IAC 16-3-25) by P.L.72-1988, SECTION 12, effective July 1, 1988.