601 KAR 1:060. Tariffs.

 

      RELATES TO: KRS Chapter 281

      STATUTORY AUTHORITY: KRS 281.600

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 281.600 authorizes the Transportation Cabinet to establish reasonable requirements with respect to continuous and adequate service by carriers; systems of accounts, records and reports; and preservation of records. This administrative regulation establishes rules concerning tariff and tariff change.

 

      Section 1. General Rules. All tariffs or supplements thereto, or statements of rates or fares, required to be filed with the cabinet shall be filed in duplicate and must be received by the cabinet at least thirty (30) days prior to the effective date thereof, except that the thirty (30) days' notice requirement shall not apply to a tariff filed pursuant to a final order or interlocutory order fixing rates or fares as a result of a hearing. This administrative regulation shall not be construed so as to be in conflict with 601 KAR 1:050.

 

      Section 2. Tariffs for Common Carriers and Irregular Route Common Carriers of Specific Commodities. (1) Filing of tariffs. Every common carrier and irregular route common carriers of specific commodities, authorized to operate in intrastate commerce in Kentucky, shall have on file with the cabinet at all times an intrastate tariff naming its rates, fares, charges, classifications and pertinent rules and administrative regulations. Instead of publishing its own rates, fares, charges, classifications, and rules and administrative regulations, the carrier may become a participating party to a tariff published or issued by another carrier or a tariff issuing agency.

      (2) Form and size. All tariffs and supplements thereto shall be filed in book, pamphlet or loose-leaf form not to exceed eight and one-half by eleven (8 1/2 by 11) inches in size, and shall be printed, typewritten, mimeographed or similarly reproduced on paper of good quality. No alteration by writing or erasure shall be made in any tariff or supplement thereto. A margin of not less than five-eighths (5/8) inches without any printing thereon must be allowed at the binding edge of each tariff and supplement. All tariffs and supplements thereto shall indicate changes from preceding issues by use of the following symbols:

      (a) ____ or (R) to denote reductions;

      (b) ____ or (A) to denote increase;

      (c) ____ or (C) to denote changes with result in neither increases nor reductions.

      (3) Posting. Every common carrier and irregular route common carrier of specific commodities authorized to operate in intrastate commerce in Kentucky shall have on file at all times at each of its terminals or stations at which an agent is employed and at its principal place of business a copy of all its intrastate tariffs. Each file of tariffs shall be kept in complete and accessible form. Employees of the carrier shall be required to give any desired information contained in such tariffs, to lend assistance to seekers of information therefrom, and to afford inquirers opportunity to examine any of such tariffs without requiring the inquirer to assign any reason for such desire.

      (4) Title page. The title page of each tariff and supplement thereto shall show in the order named:

      (a) Each tariff shall be numbered in the upper right or left hand corner preceded by the letters "KYTD." Numbers shall run consecutively beginning with the next consecutive number in existing series, or if no tariffs have been issued previously, beginning with No. 1;

      (b) When tariffs are issued cancelling a tariff or tariffs previously filed, the KYTD Tariff number or numbers that have been cancelled must also be shown in the upper right or left hand corner of the new tariff;

      (c) Supplements to a tariff, in addition to showing the KYTD Tariff number of the tariff amended thereby shall be numbered with number 1, and such information shall be shown in the upper right or left hand corner. Supplements shall also show in the upper right or left hand corner the number of any previous supplement cancelled thereby and also the numbers of the supplements containing all changes from the tariff. There shall be no more than five (5) supplements to a tariff, not including suspended matter in effect at the same time;

      (d) Name of the carrier or name of agent issuing tariff. Whenever two (2) or more carriers join in a tariff or when a carrier concurs in a tariff of another carrier, the names of all participating or concurring carriers must be shown. The name of each carrier must be the same as that appearing on its certificate;

      (e) If the carrier is not a corporation, and a trade name is used, the name of the individual or partners must precede the trade name;

      (f) A brief description of the territory within which, or points from and to or between which, the tariff applies;

      (g) When a tariff names rates by classes, a classification or articles must be published in the tariff or in a separate tariff. When a classification is published in a separate tariff, reference must be made thereto on the title page of the tariff;

      (h) Date issued and date effective;

      (i) Name, title, street address and town of carrier or agency by whom tariff is issued; and

      (j) Rates may be shown on the title page of single sheet tariffs.

      (5) Contents of tariff. Tariffs shall contain the following:

      (a) Table of contents arranged alphabetically showing the number of the page on which each subject may be found. If a tariff contains so small a volume of matter that its title page or interior arrangement plainly indicates its contents, the table of contents may be omitted;

      (b) List of participating carriers in joint or agency tariffs;

      (c) A complete index of all commodities on which specific rates are named therein together with references to the page or items in which they are shown. No index need be shown in tariffs of less than five (5) pages;

      (d) Explanation of all abbreviations, symbols and reference marks used in the tariff;

      (e) Rules and administrative regulations covering the general application of rates and other pertinent matters;

      (f) The tariffs of common carriers of property shall contain an explicit statement of the rates and charges in cents or in dollars and cents per 100 pounds per mile, per hour, per ton of 2,000 pounds, per truck load (of stated amount), or other definable measure. Where rates are stated in amounts per package or bundle, definite specifications showing size, capacity or weight of the packages or bundles must be shown. The tariffs of common carriers of persons shall contain an explicit statement of the fares in cents or in dollars and cents together with the names or description of the point from and to which they apply; and

      (g) Tariffs containing tables of rates based on distances from point of origin to destination must show the mileage or indicate a definite method by which such mileages shall be determined.

      (6) Powers of attorney and concurrences. Whenever two (2) or more carriers join in a tariff, authority by means of proper power of attorney and/or concurrences must be given the agent or carrier publishing the tariff. The original of all powers of attorney and concurrences shall be filed with the cabinet and a duplicate of the original filed with the agent or carrier in whose favor such document is issued. Whenever a carrier desires to cancel the authority granted an agent or another carrier by power of attorney of concurrence, this may be done by a letter addressed to the cabinet revoking such authority on fifteen (15) days' notice unless otherwise authorized by the cabinet. Copies of such notice must also be mailed concurrently to all interested parties.

      (7) Adoption notice.

      (a) When a certificate or permit is sold, transferred, changed or leased to another company or when the name of a company or carrier is changed, the new company or operator shall have issued an adoption notice as a supplement to the former company's or operator's tariff, reading as follows: "Effective (here insert the effective date of the new company or operator), all rates and charges published herein for account of (here insert name of former company or operator), are hereby adopted by (here insert name of new company or operator) and made its own in every respect as if originally published for its account."

      (b) In addition to the above adoption notice, the adopting carrier shall immediately file or cause to be filed with the cabinet a consecutively numbered supplement giving effect to the tariff adopted.

 

      Section 3. Tariff Rules Affecting Common Carriers of Property and Irregular Route Common Carriers of Specific Commodities. (1) Reasonable joint through rates may be established. Every common carrier of property and irregular route common carrier of specific commodities may establish reasonable joint through rates with other carriers.

      (2) Commodity rates and exception ratings. Exception ratings and rates take precedence over classification ratings and rates, and are applicable whether higher or lower. The establishment of a commodity rate removes the application of the class rate and the exception rate on the same article between the same points over the same route, except when and insofar as alternative use of class, exception and commodity rates is specifically provided in the tariff containing such commodity rates. Commodities shipped that are not specifically included in the commodity rates, or exception or classification ratings shall be classified and rated at the classification ratings and rates for the most closely analogous classified commodity, and, in no instance, can a similar commodity rate or exception rating or rate be charged.

      (3) Interchange of freight. All common carriers of property and irregular route common carriers of specific commodities who establish through rates with one (1) or more carriers shall interchange freight with such carriers.

      (4) Bill of lading. Common carriers of property and irregular route common carriers of specific commodities must give each shipper of property a receipt for same, in duplicate, in the form of a standard uniform straight or order bill of lading retaining a copy for its files, which bill of lading shall describe in particular the commodity shipped, the number of pieces received and the weight of each commodity comprising the shipment. The carrier shall deliver the merchandise and secure a receipt for freight delivered, on a freight bill made out by the carrier, which shall describe the property as stipulated on the bill of lading covering the shipment, show the rate charged, and show all charges to be collected.

      (5) Collection of freight charges. Freight charges must be collected within seven (7) days from date of delivery of freight on either a collect or prepaid basis, except that a carrier may extend credit for additional freight charges for a period of thirty (30) days whenever possession of freight has been relinquished and the amount of the tariff charges represented in the original freight bill has been collected.

      (6) Handling of COD shipments. Shipments on a COD basis or an order-notify basis shall be handled in compliance with the rules and administrative regulations in regard thereto. Remittance must be made promptly and within ten (10) days after delivery of the shipment to the consignee. Every carrier handling COD shipments as a delivering carrier shall maintain a record of all COD shipments received for delivery in such manner and form as will plainly and readily show the following information with respect to each shipment:

      (a) Number and date of freight bill;

      (b) Name and address of shipper or other person designated as payee;

      (c) Name and address of consignee;

      (d) Date shipment delivered;

      (e) Amount of COD;

      (f) Date collected by delivering carrier;

      (g) Date remitted to payee; and

      (h) Check number or other identification of remittance to payee.

      (i) Failure to account for and remit COD collections as herein directed will be sufficient cause for cancellation or suspension of a certificate or permit.

 

      Section 4. Rates for Contract Carriers of Property. Every contract carrier authorized to engage in intrastate commerce in Kentucky shall have on file with the cabinet at all times two (2) copies of its bilateral contract or contracts naming its rates and charges which rates and charges shall be comparable to the rates charged by common carriers for the same or similar service. No contract carrier shall make any change in its contract filed with the cabinet, except upon approval by the cabinet. The cabinet may, upon its own initiative, and shall, upon complaint, enter upon a hearing concerning the lawfulness of any rate charged by contract carriers.

 

      Section 5. Tariff Publishing Agencies. All tariff publishing agencies doing business in Kentucky and publishing Kentucky intrastate rates, fares or charges shall file a statement giving the name of the manager or secretary of such agency. In addition, a copy of the bylaws, if any, of each such agency shall be filed with the cabinet. (DMT-6; 1 Ky.R. 786; eff. 5-14-75.)