45 IAC 16-1-6 - Registration of interstate commerce commission operating authority; application requirements; exemptions

Authority: IC 8-2.1-18-6

Affected: IC 8-2.1-18

Sec. 6.

REGISTRATION OF INTERSTATE COMMERCE COMMISSION OPERATING AUTHORITY WITH THE COMMISSION.

(a) Forms. Application for the registration of Interstate Commerce Commission operating authority shall be on such forms as from time to time may be prescribed and approved by this Commission.

(b) Filing Requirements-Insurance; Resident Agent Designation. Each application therefor shall be filed in triplicate and each copy shall be accompanied by a true copy of the certificate or permit issued by the Interstate Commerce Commission sought to be registered. Each application must be accompanied by the necessary forms evidencing compliance with the insurance filing requirements of this commission as set out in Rule 2, unless such certification previously has been submitted. If insurance certification is not submitted with the application for registration of authority, such application shall be rejected. If the applicant is a nonresident of the State of Indiana, each application must be accompanied by the designation of resident agent for the service of process, which shall be on such form as the Commission from time to time may prescribe.

(c) Disposition of Application and Attached Exhibits. The original of the application form and one copy of the Interstate Commerce Commission operating authority attached thereto shall be retained by the Commission. One copy of the application shall be stamped (approved for filing), dated and transmitted to the motor carrier. This copy shall constitute an acknowledgment of the filing of such authority and no carrier may operate in interstate commerce within the borders of the State of Indiana until it has received from this Commission such acknowledgment of registration of operating authority. The third copy of the application shall be stamped (approved for filing) and forwarded by the Commission to the Indiana State Police.

(d) Registration of Each Subauthority; Separate Temporary Registration; Fee. Each subauthority which authorizes operation into or through the State of Indiana must be registered by the carrier before such operation may be commenced. Except as hereinafter provided, each temporary authority issued by the Interstate Commerce Commission must be registered by separate application. All applications shall be accompanied by the fee prescribed by law, except in those instances where such fee has been waived by reciprocal contract, agreement or arrangement with the State of Indiana.

(e) Exemption of Emergency or Temporary Authority-When. A motor carrier shall be required to file with the Commission only that portion of its authority permitting operation within the borders of the State of Indiana. A motor carrier shall not be required to file with the Commission an Interstate Commerce Commission emergency or temporary operating authority having a duration of thirty (30) consecutive days or less if such carrier has:

(1) Registered its other authority and identified its vehicles or driveaway operation under these Rules and Regulations; and

(2) Furnished to the Commission a telegram or other written communication in duplicate describing such emergency or temporary operating authority and stating that operation thereunder shall be in full accord with the requirements of these Rules and Regulations.

(f) Exemption of Authority Previously Registered. A motor carrier need not register under the provisions of these Rules and Regulations any authority issued by the Interstate Commerce Commission permitting operation within the borders of the State of Indiana when the same was properly registered with this Commission at the time these standards became effective.

(g) Special and Charter Service Exempt from Registration. This Rule [this section] shall not apply to the operation of special and charter bus service into or through the State of Indiana by any interstate common carrier transporting passengers over regular routes pursuant to a certificate of public convenience and necessity issued by the Interstate Commerce Commission.

(h) Registration Fee. Effective February 1, 1975, all applications for the registration of interstate authority, both temporary and permanent, to operate motor vehicles on the highways of Indiana in interstate commerce, which applications do not require a public hearing thereon, shall be accompanied by the following filing fee:

(1) Twenty-five dollars ($25) for a motor carrier which has not previously filed a currently effective application for the registration of interstate operating authority with this Commission; or

(2) Ten dollars ($10) for a motor carrier which has previously filed a currently effective application for the registration of interstate operating authority with this Commission.

For purposes of this Paragraph the registration fee shall be applicable to each certificate of public convenience and necessity or permit sought to be registered with this Commission.

Notes

45 IAC 16-1-6

Department of State Revenue; No. 32257: Motor Carrier Department Rule 6; filed Jul 22, 1970, 9:15 am: Rules and Regs. 1971, p. 255; No. 33794; filed Nov 26, 1974, 10:25 am: Rules and Regs. 1975, p. 523; No. 33612; filed Aug 5, 1974, 2:30 pm: Rules and Regs. 1975, p. 528

Changed by ICC to read "90 consecutive days or less ..." in State Registration of Emergency Temporary and Temporary Authority, Ex Parte No. MC-67, 119 MCC 327, on December 17, 1973, adopted 49 CFR Sec. 1131.7. Upheld in NARUC v. United States, 397 F Supp 591 (DCC1975), NARUC Bulletin No. 25-1975, p 22, affd. 46 L Ed(2d) 630 (1976), NARUC Bulletin No. 4-1976, p 13.

Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 2-1-6 ) to the Department of State Revenue ( 45 IAC 16-1-6 ) by P.L. 72-1988, SECTION 12, effective July 1, 1988.