Ala. Admin. Code r. 770-X-10-.06-.14

Current through Register Vol. 43, No. 02, November 27, 2024

Section 770-X-10-.06-.14 - Filing And Posting Schedules And Contracts

(1) FILING. The carrier or agent shall submit for filing with this Commission two (2) copies of its contracts which contain rates and charges and all of its schedules and supplements. Additional copies as may be needed by the Commission in the performance of its official duties will be furnished upon reasonable request.

In addition to any copies of existing or future contracts which are or may be required to be filed with the Commission for any purpose, except as provided in the preceding paragraph, every contract carrier of property by motor vehicle shall file with the Commission a copy of all existing or future contracts for the purpose of ascertaining the application of the rates, charges, rules, regulations and practices of such carrier or carriers.

(2) MULTIPLE CONTRACTS. When a contract carrier has more than one contract covering similar but not identical services or contracts covering identical services for which different rates of compensation are provided by the contracts, exceptional care must be exercised to accomplish publication of clear and explicit schedule provisions that reflect applicable rates, charges, rules or practices. In such a case, the carrier may publish a separate schedule for each contract provided the carrier submits in the same envelope with the schedule, when tendered for filing, a separate statement identifying the contract in connection with which the schedule applies. If rates, charges and other provisions applying in connection with more than one contract are published in a single schedule, the carrier filing the schedule shall submit in the same envelope with the schedule, when tendered for filing, a separate statement indicating as to each rate table, charge, item, rule or regulation, the contract or contracts in connection with which that rate table, charge, item, rule or regulation applies.

(3) NOTICE. In computing the number of days notice the Commission and the public have before a schedule, supplement or revised page is scheduled to become effective, the first calendar day after it has been placed on file with the Commission will be counted as the first day. The Commission offices are closed on Saturdays, Sundays and legal State holidays, and any schedules or supplements or amended contracts received on these days will be officially stamped as being received on the next business day.

Carriers and agents shall certify to the Commission that copies of all such filings were transmitted to all shippers, receivers or others who regularly receive them at the same time they were transmitted for filing with the Commission; this certification may be accomplished by making a statement of certification on the letter of transmittal to the Commission. If filings are hand delivered to the Commission, transmittal to such subscribers shall be by hand deliveries or by First Class U.S. Mail; filings transmitted to the Commission by mail shall be transmitted to such subscribers by the same class mail as to the Commission. The above certification shall include the manner in which transmitted to subscribers.

(4) POSTING SCHEDULES. Each carrier shall maintain a complete file of all schedules issued by it or its agent, including all schedules in which it concurs as a participating carrier at its general office and its principal office located in the State of Alabama, and, to the extent practicable, at each of its terminals in the State of Alabama showing all the rates, charges, rules and regulations which are applicable from or to the points served by such individual terminal. All such schedule files maintained by the carrier shall be accessible and open to public inspection during regularly recognized business hours.

Ala. Admin. Code r. 770-X-10-.06-.14

Effective January 1978. Filed with LRS February 5, 2013. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on February 5, 2013, pursuant to Code of Ala. 1975, § 41-22-7.

Author: Alabama Public Service Commission

Statutory Authority:Code of Ala. 1975, §§ 37-3-5, 37-3-7, 37-3-20.