Indiana Administrative Code
Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION
Article 5 - RAILROADS
Rule 1 - Tariffs and Rates
Section 1-38 - Rail carrier contracts

Universal Citation: 105 IN Admin Code 1-38

Current through March 20, 2024

Authority: IC 8-1-1-3

Affected: IC 8-3-1-3; IC 8-3-1-8

Sec. 38.

(a) A contract submect [sic.] to this section is a written agreement, including any amendment, entered into by one or more rail carriers with one or more purchasers of rail serivces, to provide specified services under specified rates and conditions.

(b) A contract filed under this section shall:

(1) specify that the contract is made pursuant to 49 U.S.C. Sec. 10713. and;

(2) be signed by duly authorized parties.

(c) The term "amendment" includes written modifications signed by the parties.

(d) An amendment is treated as a new contract. An amendment is lawful only if it is filed and approved in the same manner as a contract. To the extent terms affecting the lawfulness of the underlying contract are changed, remedies are revived and review is again available.

Transferred from Department of Transportation ( 100 IAC 6-1-38 ) to Indiana Department of Transportation ( 105 IAC 5-1-38 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.

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