Indiana Administrative Code
Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION
Article 5 - RAILROADS
Rule 1 - Tariffs and Rates
Section 1-17 - Intramodal competition
Current through March 20, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 17.
Intramodal competition refers to competition between two or more railroads transporting the same commodity between the same origin and destination. A shipper has rail alternatives when, for a given purpose, he can be served by more than one railroad or combination of different railroads. The degree to which these alternatives compete with one another depends on such factors as:
(1) the number of rail alternatives;
(2) the feasibility of each alternative as evidenced by:
(3) the transportation costs associated with each alternative (to determine if actual use of alternatives is due to excessive rates charged by the rail carrier in question);
(4) collective ratemaking among the railroads in question as evidenced by rate bureau involvement; and
(5) evidence of substantial rail-related investment or long-term supply contracts.
These factors should be considered in connection with the preparation and submission of evidence pertaining to the presence or absence of effective intramodal competition. This list is neither exhaustive nor mandatory but provides a general indication of the type of evidence that would be appropriate.
Transferred from Department of Transportation ( 100 IAC 6-1-17 ) to Indiana Department of Transportation ( 105 IAC 5-1-17 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.