Section 45 IAC 16-1-11 - Annual vehicle registration identification stamps; feeAuthority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 11.
(a) Pursuant to IC 8-2-7-50[Repealed by P.L. 72-1988, SECTION 10, effective March 1, 1990.], and except as provided by paragraphs (e) and (g) of this section, no motor vehicles, except vehicles operated in driveaway or towaway service, or any motor bus carrier operating a foreign licensed vehicle in interstate commerce in special or chartered service under the provisions of IC 8-2-7-29(b)[Repealed by P.L. 108-1983, SECTION 13, effective September 1, 1983.], shall be operated under any certificate of public convenience and necessity, permit or acknowledgement of registration of interstate authority without the operating carrier having first obtained a valid annual vehicle registration identification stamp issued by the commission for the motor vehicle. A motor carrier may apply for such number of stamps as it anticipates will be sufficient to cover its motor vehicles that will be placed in operation during the period for which such identification stamps are effective by completion of such application form as from time to time may be prescribed by law. A motor carrier may, from time to time, apply for the purchase of additional stamps and cab cards as needed. (b) Upon receipt of an annual vehicle registration identification stamp for a motor vehicle, the carrier shall complete and execute a uniform identification cab card for such vehicle, which uniform identification cab card for motor vehicles operated solely in intrastate commerce shall be in such form as from time to time may be prescribed and approved by the commission. The uniform identification cab card for motor vehicles, including a motor vehicle providing the motive power for vehicles operated in driveaway and towaway service, operated in interstate or interstate-intrastate commerce shall be in such form as from time to time may be prescribed and approved by the interstate commerce commission. Each uniform identification cab card shall be typed or printed in indelible ink and maintained in the cab of the motor vehicle for which prepared whenever the vehicle is operated under the authority of the carrier identified on the cab card. Such cab card shall not be used for any vehicle except the vehicle for which it was originally prepared, unless as otherwise authorized by the commission under paragraph (f) of this section; i.e., a cab card shall terminate at the termination of the lease of the vehicle for which it is prepared, or on January 31 of the following year, whichever occurs first. Any erasure, alteration or unauthorized use of a cab card other than provided for in paragraph (f) of this section shall render it void. If a motor carrier permanently discontinues the use of a vehicle for which a cab card has been prepared, it shall nullify the cab card at the time of such discontinuance, unless such cab card is transferred to a replacement motor vehicle pursuant to paragraph (f) of this section. (c) Upon execution of a uniform identification cab card for a motor vehicle, the carrier executing said cab card shall affix permanently thereon by use of the glue on the back of the identification stamp the proper annual vehicle registration identification stamp, which stamp may not thereafter be removed from said cab card or used on any other cab card. Any attempt to remove said identification stamp shall nullify both the identification stamp and the uniform cab card to which it is affixed. (d) When a mailing or shipment of identification stamp(s) and/or cab card(s) by the commission is not received due to the failure of the U.S. Post Office or other carrier used by the commission to deliver such stamp(s) and/or cab card(s), the same will be replaced, provided the motor carrier advises the director of the motor carrier department of the nondelivery within thirty (30) days of the date of shipment by the commission; and further provided that an officer of said motor carrier, within three (3) days thereafter, executes a verified affidavit setting forth the circumstances of order and nondelivery of the stamp(s) and/or cab card(s) and forwards the same to the director of the motor carrier department. In no other instance shall lost vehicle registration identification stamps be replaced by the commission.
(e) Any motor vehicle operated by any common or contract motor carrier under proper acknowledgement of registration of interstate authority issued by this commission may traverse the highways of the state of Indiana in interstate commerce without a registration stamp issued by this commission, provided that said vehicle so operated is properly licensed in the state where fully qualified and registered; and further provided that the state in which the vehicle is registered has entered into a contract, agreement or arrangement with the state of Indiana pursuant to which like reciprocal privileges are extended by that state to motor carriers of the state of Indiana. (f)(1) Each authorized common or contract motor carrier (hereinafter referred to as "authorized carrier") shall destroy a cab card immediately upon its expiration, except as otherwise provided in (2) of this paragraph. (2) An authorized carrier permanently discontinuing the use of a vehicle, for which a Uniform Form D (interstate) Cab Card or Uniform Form D-1 (intrastate) Cab Card has been prepared, shall nullify said Cab Card at the time of such discontinuance; provided, however, that if such discontinuance results from destruction, loss or transfer of ownership of a vehicle and such carrier provides a newly-acquired vehicle in substitution therefor within thirty (30) days of the date of such discontinuance, each identification stamp and number placed on the Uniform Form D Cab Card or Uniform Form D-1 Cab Card prepared for such discontinued vehicle, if such card is still in the possession of the carrier, may be transferred to the substitute vehicle by compliance with the following procedure: (A) Such authorized carrier shall duly complete and execute the form of certificate printed on the front of a new Uniform Form D Cab Card or New Uniform Form D-1 Cab Card, so as to identify itself and the substitute vehicle and shall enter the appropriate expiration date in the space provided below such certificate; (B) Such authorized carrier shall indicate the date it terminated use of the discontinued vehicle by entering same in the space provided for an early expiration date which appears below the certificate of the Cab Card prepared for such vehicle; and (C) Such authorized carrier shall affix the Uniform Form D Cab Card or Uniform Form D-1 Cab Card prepared for the substitute vehicle to the front of the Cab Card prepared for the discontinued vehicle, by permanently attaching the upper left-hand corners of both cards together in such a manner as to permit inspection of the contents of both cards and, thereupon, each identification stamp or number appearing on the card prepared for the discontinued vehicle shall be deemed to apply to the operation of the substitute vehicle. (g) A person engaged in bona fide motor vehicle leasing business within the state of Indiana may purchase thirty-day temporary registration-identification forms for motor vehicles used as substitutes for long-term leased vehicles, provided the following procedure is fully complied with: (1) the verified affidavit of an officer, partner or sole proprietor of a certificated motor carrier authorizing the bona fide lessor to purchase thirty-day temporary registration-identification forms is submitted with the application for the purchase of such forms; and (2) the verified affidavit of an officer, partner or sole proprietor of bona fide lessor containing a list of all substitute motor vehicles to be used by the lessor is submitted with such application. Such affidavit shall contain the type, make, year, serial number, state of registration and name of the owner of the motor vehicle. Upon payment of the proper fees and compliance with the requirements set out in this paragraph, the commission shall issue to the bona fide lessor thirty-day temporary registration-identification forms. Motor vehicles so identified may be used on any certificated operation as a substitute for motor vehicles subject to a long term lease from the bona fide lessor to a certificated carrier; provided that a separate thirty-day temporary registration-identification form is completed and used in the name of each carrier under whose P.S.C.I. authority the short-term replacement vehicle will be operated.
(h) Any common or contract motor carrier owning or operating a motor vehicle properly licensed in another state which is entitled to reciprocity with Indiana shall, when traversing the state of Indiana, display the Uniform Form D (Interstate) Cab Card required under paragraph (b) of this section and shall type or print in indelible ink the Indiana P.S.C.I. number issued to such carrier in the square bearing the name of the state of Indiana on the back of said Uniform Form D Cab Card. Said Uniform Form D Cab Card shall be carried on the vehicle, to be exhibited by the driver, upon demand, to any authorized officer of the Indiana state police or the commission. (i) The annual registration fee required for motor vehicles operated by interstate carriers in Indiana shall be ten dollars ($10) for all trucks, buses and tractors operated by common or contract carriers of passengers and/or property. All fees set out in this subsection shall be due and payable between October 1st and December 31. (j) Checks that are returned to the commission because of insufficient funds, closed accounts, etc. will be handled in the following manner: (1) If a person makes a payment for identification stamps with a check and the commission is unable to obtain payment on the check for its full face amount when the check is presented for payment through normal banking channels, a penalty of ten dollars ($10) will be imposed. (2) When a penalty is imposed under subparagraph (1), a certified letter will be sent to the company with a copy of the returned check requesting that the carrier pay the dishonored check and penalty by remitting a cashier's check, certified check, money order, or cash to the commission within ten (10) days of receipt of the letter. (3) Upon failure or refusal of any motor carrier to remit a cashier's check, certified check, money order or cash in accordance with subparagraph (2) of this paragraph, the carrier's certificate or permit and all operations thereunder shall be suspended for a period of thirty (30) days by order of the commission. During said suspension period the proper cashier's check, certified check, money order or cash shall be remitted to the commission, which remittance automatically shall act as a termination of the suspension and as a reinstatement of the certificate or permit of the carrier. If said remittance is not made during said thirty (30) days suspension period, then at the end of said period the certificate or permit of the carrier shall be cancelled and revoked without further order of the commission. Department of State Revenue; No. 32257: Motor Carrier Department Rule 11; filed Jul 22, 1970, 9:15 am: Rules and Regs. 1971, p. 259; No. 33233; filed Jun 12, 1973, 9:30 am: Rules and Regs. 1974, p. 543; No. 33233; filed Jun 12, 1973, 9:30 am: Rules and Regs. 1974, p. 544; 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. 529; No. 33612; filed Aug 5, 1974, 2:30 pm: Rules and Regs. 1975, p. 530; No. 33612; filed Aug 5, 1974, 2:30 pm: Rules and Regs. 1975, p. 531; No. 33612; filed Aug 5, 1974, 2:30 pm: Rules and Regs. 1975, p. 532; No. 34223; filed Dec 4, 1975, 3:55 pm: Rules and Regs. 1976, p. 385; No. 35095; filed Dec 29, 1977: Rules and Regs. 1978, p. 703; filed Jan 3, 1983, 2:43 pm: 6 IR 319; errata, 6 IR 777Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 2-1-11) to the Department of State Revenue ( 45 IAC 16-1-11) by P.L. 72-1988, SECTION 12, effective July 1, 1988.