27 CAR § 110-1113 – Applications of common carriers for armored car service — Contents — Approval

(a) Armored car companies making application for intrastate authority may apply as common carriers, notwithstanding the fact that contracts may be or have been entered into between the applicant and shippers.
(b) Armored car companies are expressly allowed as common carriers to enter into an unlimited number of contracts with shipping financial institutions.
(c) Contracts entered into between armored car common carriers and shippers shall be subject to review by the State Highway Commission.
(d) Review of the contracts shall include but not be limited to:
1. (1) Uniformity of rates between shippers, taking into consideration the:
  1. (A) Location;
  2. (B) Frequency of service; and
  3. (C) Minimum delivery clauses;
2. (2) Conformity with filed tariffs;
3. (3) Duration of contracts;
4. (4) Cancellation clauses, including any opportunity to cure service complaints;
5. (5) Adequacy of service provided; and
6. (6) Any terms requiring exclusive use of the armored car carrier's services.
(e) Contract provisions as to schedule of stops and size of shipments will not be reviewed.
(f) Guidelines for this section.
1. (1) Contracts entered into between armored car common carriers and shippers shall be reviewed by the commission.
2. (2) The review shall include the following:
  1. (A) All rate increases and reductions which form the basis for all charges set out in the terms of armored car contracts shall be filed according to current commission rules;
  2. (B) Contracts must conform strictly to all rates and rules set forth in approved tariffs, supplements and revisions thereto, and reissues thereof;
  3. (C)
(i) Terms of contracts or agreements shall be no more than twelve (12) months in duration and contain a cancellation clause requiring thirty (30) calendar days' written notice on behalf of either party.
1. (ii) The reason or reasons for cancellation of contract shall be enumerated to allow an opportunity to cure service complaints;
  1. (D) All contracts shall contain any special arrangements or additional services agreed upon by both executing parties for which carrier has established rates and charges in its approved tariff or tariffs;
  2. (E) Contracts shall not contain minimum shipment clauses as a prerequisite for beginning and continued service;
  3. (F) No contract shall contain any provision requiring exclusive use of the carrier's service;
  4. (G) A true and correct copy of all new contracts shall be made available to the rate analyst for review no later than ten (10) days following execution, or additionally, upon request; and
  5. (H) All existing contracts shall be made available upon request of the commission staff for further review.
2. (3)
  1. (A) Contract provisions regarding schedule of stops and size of shipments will not be subject to review by the commission.
  2. (B) This information should be deleted or detached before submission.