Section 45IAC16-3-19. Transfer of operations; changes in name and control; adoption notice; supplements to tariffs

   TRANSFER OF OPERATIONS; CHANGES IN NAME AND CONTROL. (a) Complete adoption notice. (1) When the name of a common carrier is changed, or when its operating control is transferred to another common carrier, the carrier which will thereafter operate the properties shall file with the Public Service Commission of Indiana and post as required in Rule 18 an adoption notice in the form of a tariff numbered in its P.S.C.I. series and containing substantially the following:

(Name, also trade name, if any, of adopting carrier) hereby adopts, ratifies, and makes its own, in every respect as if the same had been originally filed and posted by it, all tariffs, classifications, rules, notices, traffic agreements, statements of divisions, powers of attorney, concurrences, or other instruments whatsoever, including supplements or amendments thereto, filed with the Public Service Commission of Indiana by, or heretofore adopted by (name and trade name, if any, of former carrier) prior to (date).

  (2) In addition to the above adoption notice the adopting carrier shall immediately file with the Public Service Commission of Indiana and post as required in Rule 18 a consecutively numbered supplement to each of the effective tariffs issued or adopted by its predecessor, reading as follows:

Effective (here insert date shown in the adoption notice) this tariff, or as amended, became the tariff of (name and trade name, if any, of the adopting carrier) as stated in its adoption notice P.S.C.I. No. TR-_____.

  (3) Subsequent supplements to adopted tariffs shall be numbered consecutively, beginning with the number following that of the adoption supplement, and shall show in connection with the P.S.C.I. number that the number is in the series of the former carrier.

  (4) New tariffs reissuing or superseding adopted tariffs shall be numbered in the P.S.C.I. series of the adopting carrier. The adopting carrier, when cancelling any tariff issued or adopted by the old carrier, shall identify such tariff in the cancellation notice by reference to its P.S.C.I. number, by reference to the name of the carrier that issued it, and, when tariffs have been published by the old carrier in more than one series, by reference to the particular series in which that tariff was published.

  (b) Old carrier's name to be eliminated and new carrier's name added. Tariffs issued by other carriers or agents participated in by a carrier whose name is changed or that is absorbed, taken over, or operated by another carrier or of a carrier whose name is changed, shall be amended on statutory notice in the regular way (that is, by the next supplement or revised page filed) to eliminate from the list of participating carriers the name of the old carrier and to add thereto the name of the new carrier. Such supplement or revised page shall also contain the following provision:

(Name and trade name, if any, of the adopting carrier) by its adoption notice, P.S.C.I. No. TR-_____, which became effective on _____ having taken over the tariffs, etc., of (name and trade name, if any, of the former carrier), (name and trade name, if any, of the adopting carrier) is hereby substituted for (name and trade name, if any, of the old carrier) wherever it appears in this tariff.

  (c) Partial adoption notice. (1) When the operating control of a common carrier's properties is transferred in part to another common carrier, the carrier which will thereafter operate that part of the properties shall file with the Public Service Commission of Indiana and post as required in Rule 18, an adoption notice in the form of a tariff numbered in its P.S.C.I. series and containing substantially the following:

(Name and trade name, if any, of adopting carrier) hereby adopts, ratifies, and makes its own in every respect as if the same had been originally filed and posted by it, all tariffs, classifications, rules, notices, traffic agreements, statements of divisions, powers of attorney, concurrences, or other instruments whatsoever, including supplements or amendments thereto, filed with the Public Service Commission of Indiana by, or heretofore adopted by (name and trade name, if any, of the original carrier) prior to (date) insofar as said instruments apply (here describe the operations transferred).

  (2) In addition to the above adoption notice, the old carrier shall immediately file with the Public Service Commission of Indiana and post as required in Rule 18, under proper concurrence from the adopting carrier, a supplement to each of its effective tariffs covered by the adoption notice reading as follows:

Effective (here insert date shown in adoption notice) this tariff or as amended, insofar as it contains rates, rules, and other provisions applying (here describe the operations transferred), became the tariff of (name and trade name, if any, of the adopting carrier) as stated in its adoption notice, P.S.C.I. No._____.

  (d) Tariffs to be amended. (1) Tariffs issued by other carriers or agents applicable in connection with that part of the line taken over or operated in part by another carrier shall be amended on statutory notice in the regular way, that is, by the next supplement or revised page filed, to incorporate necessary changes. Such supplement or revised page shall also contain a provision in the following form:

(Name and trade name, if any, of the adopting carrier) by its adoption notice P.S.C.I. No._____, having taken over tariffs, etc., of (name and trade name, if any, of the old carrier) insofar as they contain rates, charges, rules, and other provisions applying (here describe the operations transferred), (name and trade name, if any, of the adopting carrier) is hereby substituted for (name and trade name, if any, of the old carrier) whereby the latter appears in this tariff in connection with said points, routes, or territory.

  (2) Rates, rules, and other provisions applying locally between points on the transferred portion shall be transferred as quickly as possible to tariffs of the adopting carrier. The former carrier shall cancel such rates, rules, and other provisions from its tariffs on statutory notice and shall refer by P.S.C.I. number to the tariffs of the adopting carrier for rates to apply thereafter. The adopting carrier shall publish, file and post corresponding rates, rules, and other provisions on statutory notice to become effective upon the date upon which the cancellation of the former carrier's rates, rules, and other provisions become effective.

  (3) If, after the transfer of operations, any point will be served by both the former carrier and by the adopting carrier, a statement shall be shown in connection with the name of that point reading substantially as follows:

This adoption notice does not have the effect of eliminating_____ as a point served by (name and trade name, if any, of the original carrier), but has the effect of establishing service at said point by (name and trade name, if any, of the adopting carrier).

  (e) Receiver, etc., must file adoption notice and supplement. Adoption notices and supplements similar to those prescribed in paragraphs (a) and (c) of this rule [this section], but numbered consecutively in the series of the old carrier, shall immediately be filed and posted by a receiver, trustee, executor, administrator, assignee, or lessee when he assumes possession and operating control of a carrier's lines, either in whole or in part, and shall show the names of the receivers, trustees, executors, administrators, assignees, or lessees on the title page in connection with the former carrier's name. When such possession and operating control are terminated, the carrier taking over the properties shall file an adoption notice and if a change in the name of the carrier has been made, shall also file supplements as prescribed in paragraphs (a) and (c) of this rule [this section].

  (f) Adoption notice effective date. (1) Notices of adoption shall be filed and posted immediately and if possible on or before the date shown therein. Copies shall be sent to each agent or carrier to which power of attorney or concurrence has been given by the adopted carrier. The effective date shall be the date (as shown in the body of the notice) on which the change in name or operation occurs, except that if prior approval of such change by the Commission is required, the effective date shown shall not antedate that approval.

  (2) Concurrences and powers of attorney adopted by a carrier, receiver, trustee, executor, administrator, assignee, or lessee shall, within 120 days, be replaced and superseded by new concurrences and powers of attorney issued by and numbered in the series of the adopting carrier, receiver, trustee, executor, administrator, assignee, or lessee, except that receivers, trustees, executors, administrators, assignees, or lessees may continue concurrences and powers of attorney in the same series of numbers. The cancellation references to the former concurrence or power of attorney shall include the name of the former issuing carrier. Powers of attorney and concurrences which will not be replaced by new issues shall be regularly revoked on the notice and in the manner prescribed by Rule 20(n) and Rule 21(d).

  (3) Adoption notices and special supplements issued under the authority of this rule shall contain no other matter.

  (g) Temporary control. (1) When temporary authority to take over the operating control of all or a portion of the operations of a carrier is granted by the Public Service Commission of Indiana, the new carrier that assumes temporary control of the operations of the old carrier shall comply with the provisions of paragraphs (a), (b), (c), (d), and (f) of this rule except that the new carrier is not required to reissue the adopted concurrences and powers of attorney during the period of temporary control of the operations of the old carrier. New concurrences and powers of attorney granting authority to publish rates from or to points included in the temporarily controlled operations, shall be in the series of the old carrier; for example:

P.S.C.I. No._____ (Roe's Trucking Series)

JOHN DOE TRANSPORT, INC.

Operator of

Richard Roe

d/b/a

Roe's Trucking

(Post Office Address)

  (2) The new carrier, when it publishes in a tariff issued in its name, rates, charges, and other provisions relating thereto, from, to, or between points included in the temporarily controlled operations, shall file such publication in the name of the new carrier as operator of the old carrier under consecutive P.S.C.I. numbers and in the series of the old carrier. For example, if John Doe Transport, Inc., assumes temporary control of the operation of Richard Roe, d/b/a Roe's Trucking, the title page of tariffs or supplements thereto, must show the P.S.C.I. number and name of the carrier in substantially the following manner:

P.S.C.I. No. TR-17 (Roe's Trucking Series)

JOHN DOE TRANSPORT, INC.

Operator of

Richard Roe

d/b/a

Roe's Trucking

(Department of State Revenue; Common Carrier Freight Tariffs and Classifications PT A,Rule 17; filed Feb 15, 1973, 3:00 pm: Rules and Regs. 1974, p. 495) NOTE: Transferred from the Indiana Utility Regulatory Commission (170 IAC 2-3-19) to the Department of State Revenue (45 IAC 16-3-19) by P.L.72-1988, SECTION 12, effective July 1, 1988.