Indiana Administrative Code
Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION
Article 5 - RAILROADS
Rule 1 - Tariffs and Rates
Section 1-10 - Reasonableness of rate; evaluation
Current through March 20, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 10.
(a) Except for nonferrous recyclables, the commission shall evaluate the reasonableness of a rate only after market dominance has been established. In determining whether a rate is reasonable, the commission shall consider, among other factors, evidence of the following:
(b) Pursuant to the interstate commerce commission's decision in Ex Parte 394, a rate on nonferrous recyclable material is presumed to be unreasonable when it is set at a revenue to variable cost ratio greater than that allowed by the Staggers Act as amended from time to time.
Transferred from Department of Transportation ( 100 IAC 6-1-10 ) to Indiana Department of Transportation ( 105 IAC 5-1-10 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.