Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
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.
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.
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,
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.
Applications shall show the
(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.
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.
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.
(f) If the authority granted by special
permission is used, it must be used in its entirety and in the manner set forth
in the order of special permission. If it is not desired to use all of the
authority granted and less or more extensive or different authority is desired,
a new application complying with the provisions of this rule in all respects
and referring to the previous permission must be filed.