Section 45 IAC 16-1-3 - Intrastate temporary or emergency temporary authority; application; issuance or denialAuthority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 3.
INTRASTATE TEMPORARY OR EMERGENCY TEMPORARY AUTHORITY.
(a) Application for Temporary Authority. (1) Granted Ex Parte-Time Limitation. To enable a carrier to render service for which there is an immediate need to a point or points within a territory having no adequate carrier service capable of meeting such need the Commission may, in its discretion and without hearing, grant temporary authority for such service by a common or contract carrier by motor vehicle, which authority, unless suspended or revoked for good cause, shall be valid for such time as the Commission shall specify, not exceeding 180 days, unless extended by further order of the Commission. (2) Forms-Procedure. All applications for temporary authority shall be on such forms as from time to time may be prescribed and approved by the Commission. All such applications shall be subject to the procedure hereinafter set out. (3) Immediate Necessity-Filing Coextensive Permanent Application. Temporary authority shall be granted only upon proof to the satisfaction of the Commission that the necessity for immediate service is such that it must be rendered before sufficient time for a determination on the merits of an application for permanent authority. No application for temporary authority shall be accepted unless there is filed therewith a coextensive application for permanent authority. The granting of an application for temporary authority shall create no presumption that corresponding permanent authority will be granted thereafter. Applications for temporary authority must be accompanied by the necessary forms evidencing compliance with the insurance and tariff filing requirements of this Commission as set out in Subparagraph (a) (5) of this Rule [this section].
(4) Contents of Affidavits Supporting Immediate Necessity. Applications for temporary authority must be verified and accompanied by affidavits sufficient to prove to the satisfaction of the Commission the immediate necessity for transportation services. Such affidavits must include at least the following information: (A) Name, address and business of the affiant and his interest in supporting the temporary application; (B) Description of the specific points or territory in which transportation is required; (C) Description of the specific commodity or commodities to be transported; (D) Volume of anticipated traffic, frequency of movement and how transportation has been accomplished in the past year; (E) How soon the service must be provided, the reasons for the time limit and the anticipated duration of the transportation necessity; (F) Recital of the consequences if the authority requested is not granted; (G) The circumstances which created the immediate need for the authority requested; and (H) Recital of the efforts made to obtain services of existing certificated carriers. (5) Compliance with Tariff and Insurance Filing Requirements Prior to Action Upon Temporary Authority. The Commission shall not consider or act upon any application for temporary authority unless and until the applicant has complied with the applicable provisions of the Act and the Rules and Regulations of the Commission governing the filing of proposed tariffs, schedules and contracts, the filing of acceptable insurance certification and, if a nonresident applicant, the designation of a resident agent for the service of process. Failure of the applicant to effect compliance with the aforesaid filing requirements at the time of the filing of its application for temporary authority shall result in the rejection of such application for filing with the Commission. (b) Issuance or Denial of Temporary Authority. (1) Entry of Application on Division Minutes. Upon receipt of an application for temporary authority in full compliance with the requirements set out in Paragraph (a) of this Rule [this section], the Commission shall give notice of the filing of said application by making an entry on the next regular minutes of the Division, which entry shall include the name and address of the applicant carrier, the authority sought, the docket number assigned, the names of shippers who have submitted affidavits in support thereof and such additional information as the Commission from time to time in its discretion may determine to be relevant. (2) Protest of Application-Contents. Any interested person who can and will provide all or any part of the transportation service for which authority is sought in the temporary application may file a protest against the temporary application. Such protest must be verified and must designate specifically: (A) What service the protestant can render; (B) The method in which the service will be rendered; (C) Under what authority from this Commission such service is authorized; and (D) The specific efforts, if any, made by the protestant to solicit the transportation. (3) Filing of Protest-Service. Such protest must be filed within fifteen (15) calendar days of the date notice of the filing of the temporary application is given as herein provided and must consist of a signed and verified original and four (4) copies. One copy of such protest must be served on the applicant or its authorized representative, if any, by first class United States mail, or in person. (4) Grant or Denial by Commission. After the expiration of such fifteen (15) day period, the Commission in its discretion may grant or deny the temporary application, giving such weight to affidavits submitted in support of said temporary application and protests filed in opposition to said temporary application as said Commission deems proper. (5) Issuance of Certified Copy of Order. Upon compliance by the applicant with all the provisions set out in Paragraph (a) and (b) of this Rule [this section], the Commission shall, provided it in its discretion determines to grant the application for temporary authority, issue to the applicant a certified copy of the order granting such authority, which order shall constitute authorization to the applicant to institute temporary service pursuant thereto. (c) Application for Emergency Temporary Authority. (1) General Requirements-Time Limitations; Forms. To enable a carrier to render service to meet an immediate and urgent need for service due to emergencies, in which time or circumstances reasonably do not permit the filing and processing of an application for temporary authority as provided by Paragraphs (a) and (b) of this Rule [this section], the Commission, in its discretion and without notice or hearing, may grant emergency temporary authority for such service by a common or contract carrier by motor vehicle, which authority, unless suspended or revoked for good cause, shall be valid for such time as the Commission shall specify, not exceeding thirty (30) days, unless extended by further order of the Commission. All applications for emergency temporary authority shall be on such forms as from time to time may be prescribed and approved by the Commission.
(2) Proof of Necessity-Coextensive Filing of Temporary and Permanent Applications. Emergency temporary authority shall be granted only upon proof to the satisfaction of the Commission that the necessity for emergency service is such that time or circumstances do not permit the determination of the merits of an application for temporary authority. No application for emergency temporary authority shall be accepted unless there are filed therewith coextensive applications for temporary and permanent authority, except in those circumstances where the emergency temporary authority application definitely states that the transportation necessity will exist only for a period of less than thirty (30) days. The granting of an application for emergency temporary authority shall create no presumption that corresponding temporary or permanent authority will be granted thereafter. (3) Affidavits of Necessity to Accompany Application-Contents. Applications for emergency temporary authority must be verified and accompanied by affidavits sufficient to prove to the satisfaction of the Commission the emergency necessity for transportation services. Such affidavits must include at least the information required in Subparagraph (a)(4) of this Rule [this section] for affidavits in support of applications for temporary authority and, in addition thereto, an exact detailed statement of the circumstances of the emergency transportation necessity for which the applicant seeks authority. (4) Compliance with Tariff and Insurance Filing Requirements Prior to Action upon Emergency Temporary Authority. The Commission shall not consider or act upon any application for emergency temporary authority unless and until the applicant has complied with the applicable provisions of the Act and the Rules and Regulations of the Commission governing the filing of proposed tariffs, schedules and contracts, the filing of acceptable insurance certification and, if a nonresident applicant, the designation of a resident agent for the service of process. Failure of the applicant to effect compliance with the aforesaid filing requirements at the time of the filing of its application for emergency temporary authority shall result in the rejection of such application for filing with the Commission. (d) Issuance or Denial of Emergency Temporary Authority. (1) Discretion of Commission. Upon receipt of an application for emergency temporary authority in full compliance with the requirements set out in Paragraph (c) of this Rule [this section], the Commission, in its discretion and without notice or hearing, may grant or deny said authority. (2) Issuance of Certified Copy of Order. Upon compliance by the applicant with all the provisions set out in Paragraphs (c) and (d) of this Rule, the Commission shall, provided it in its discretion determines to grant the application for emergency temporary authority, issue to the applicant a certified copy of the order granting such authority, which order shall constitute authorization to the carrier to institute emergency temporary service pursuant thereto. (e) Supporting Affidavits Unnecessary When Sale and Transfer Involved. The affidavits of supporting shippers required in Subparagraph (a)(4) and (c)(3) of this Rule [this section] shall not be required where the emergency temporary authority and/or the temporary authority sought is the same as that contained in a pending sale and transfer proceeding before this Commission. However, such applications for emergency temporary authority and/or temporary authority shall be accompanied by a verified affidavit of the applicant seller stating that the authority which is the basis of said temporary and/or emergency temporary authority has been continuously operated to date of said application. Department of State Revenue; No. 32257: Motor Carrier Department Rule 3; filed Jul 22, 1970, 9:15 am: Rules and Regs. 1971, p. 250; No. 33233; filed Jun 12, 1973, 9:30 am: Rules and Regs. 1974, p. 543Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 2-1-3) to the Department of State Revenue ( 45 IAC 16-1-3) by P.L. 72-1988, SECTION 12, effective July 1, 1988.