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Express Center : Shipping Rules
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MILAN EXPRESS CO., INC.
TARIFF 19 0 -A
SECTION 1--RULES-GENERAL
ITEM 500
DETENTION--VEHICLES WITH POWER UNITS--TL OR VOL SHIPMENTS
This item applies when Carrier's vehicle(s) with power unit(s) are delayed or detained on the premises of the Consignor or Consignee, or on other premises designated by either the Consignor or Consignee, or as close thereto as conditions will permit, subject to the following:
SECTION 1-APPLICATION
Applies only when vehicle(s) have been ordered or used to transport TL or VOL shipments, including:
1. Shipments moving on a rate(s) subject to a stated minimum weight of 10,000 pounds or more when not designated as a TL or VOL rate; and/or where applicable,
2. Shipments which are assessed charges based on the provisions of: Item 390 (CAPACITY LOAD); or
3. Shipments which are accorded Expedited Service; or
4. Vehicle(s) containing TL or VOL shipments stopped in transit for completion of loading or partial unloading.
5. Applies only when delay or detention is not attributable to the Carrier.
SECTION 2--NON-APPLICATION
1. NA on shipments subject to LTL or AQ rates; nor On shipments of:
COMMODITIES IN BULK, in tank trucks, dump trucks, vehicles pneumatically unloaded and or/other self- unloading mechanized vehicles;
HEAVY AND SPECIALIZED COMMODITIES or ARTICLES REQUIRING SPECIAL EQUIPMENT OR HANDLING outside the scope of the certificates of General-Commodities Motor Common Carriers;HOUSEHOLD GOODS;LIVESTOCK, other than ordinary; MOBILE HOMES;NEW APPLIANCES, FIXTURES or FURNITURE, uncartoned or uncrated, which require inside strapping, wrapping, bracing and other loading devices similar to those needed for household goods, provided that the uncrated trailerload rate applies;SHIPMENTS OF ARTICLES picked-up or delivered to RAILROAD care in railroad owned or leased equipment having prior or subsequent transportation by rail;SHIPMENTS OF ARTICLES picked up or delivered to WATER CARRIER care in equipment owned by or leased to Water Carrier when prior or subsequent transportation is by water; and SHIPMENTS transported for consignors and consignees of WATERBORNE commerce at Marine Terminal Facilities to the extent that the Marine Terminal Operator would be liable to the Motor Common Carrier for truck detention under any applicable detention rule promulgated pursuant to the authority of the Federal Maritime Commission (FMC).
2. NA to the extent provisions are published applying to specific circumstances in this tariff.
DETENTION--VEHICLES WITH POWER UNITS--TL OR VOL SHIPMENTS
This item applies when Carrier's vehicle(s) with power unit(s) are delayed or detained on the premises of the Consignor or Consignee, or on other premises designated by either the Consignor or Consignee, or as close thereto as conditions will permit, subject to the following:
SECTION 3--GENERAL CONDITIONS
1. The detention charges due the Carrier shall be assessed against the Consignor in the case of loading and against the Consignee in the case of unloading, irrespective of whether line-haul charges are prepaid or collect. When detention charges are attributable to others who are not parties to the Bill of Lading, the party responsible for the payment of the freight charges will be held responsible for any accrued detention charges. (See NOTE A)
2. When Carrier's employee assists in loading, unloading, or checking the freight, this item will apply whether or not the power unit is actually detained.
3. Nothing in this item shall require a Carrier to pick-up or deliver freight at hours other than Carrier's normal business hours. This shall not be construed to restrict a Carrier's ability to accept pickup and delivery schedules at hours other than its normal business hours.
4. Upon actual notification by Carrier's employee to a responsible representative of Consignor, Consignee, or other designated party at the premises of pickup or delivery, of the arrival of the vehicle for loading or unloading, the "FREE TIME" for such loading or unloading, as the case may be will be as provided in Section 4. After the expiration of such "FREE TIME" the detention charges provided in Section 5 will be assessed.
5. Loading or unloading at more than one site at or on the premises of Consignor, Consignee, or other designated party shall constitute one vehicle stop.
6. When a vehicle with power is changed to a vehicle without power at the request of Consignor, Consignee, or other designated party, the free time and detention charges will be applied as follows:
a. If the change is requested and made before the expiration of free time for a vehicle with power, free time will cease immediately at the time the request is made, and detention charges for vehicles without power will immediately commence with no further free time allowed.
b. If the change is requested and made after the expiration of free time for a vehicle with power, free time and detention charges will be computed on the basis of a vehicle with power up to the time the change was requested. In addition thereto, the vehicle will immediately be charged detention for vehicles without power with no further free time allowed.
7. When a vehicle is both unloaded and reloaded, each transaction will be treated independently of the other, except that when loading is begun before unloading is completed, free time for loading shall not begin until free time for unloading has elapsed.
SECTION 4--COMPUTATION OF TIME
1. COMMENCEMENT OF TIME--The computation of time per vehicle shall begin to run upon actual notification by Carrier's employee to a responsible representative of consignor, consignee, or other designated party at the premises of pickup or delivery, of the arrival of the vehicle for loading or unloading. Upon such notification, the responsible representative of Consignor, Consignee, or other designated party may enter the time of arrival onto the Carrier's detention record. If the representative refuses to enter the time, then Carrier's employee will enter the time and it will be binding upon each party.
2. TERMINATION OF TIME--The computation of time per vehicle shall cease to run upon completion of loading or unloading. Upon such completion, a responsible representative of Consignor, Consignee, or other designated party may enter the time of completion on to the Carrier's detention record. If the representative refuses to enter the time, then Carrier's employee will enter the time and it will be binding upon each party.
3. CONDITIONS GOVERNING THE COMPUTATION OF TIME:
a. Computations of time are subject to, and are to be made within the normal business hours at the designated place of pickup or delivery. If Carrier is permitted to work beyond this period, such working time shall also be included.
b. When loading or unloading is not completed at the end of normal business hours at the designated place, the Consignor, Consignee, or other designated party shall have the option to:
(1.) Request that the vehicle without power remain at its premises subject to the provisions of Section "3", Paragraph "6"; or
(2.) Request that the vehicle with power be returned to Carrier without being subject to charges for Storage or Redelivery so long as free time has not yet expired. When the
vehicle is returned for completion of loading or unloading the computation of any remaining free time will resume. If free time has expired and detention has begun to accrue, Storage or Redelivery Charges as may otherwise be provided will be assessed.
4. FREE TIME--Free Time Per Vehicle Stop shall be ninety (90) minutes.
DETENTION--VEHICLES WITH POWER UNITS--TL OR VOL SHIPMENTS
This item applies when Carrier's vehicle(s) with power unit(s) are delayed or detained on the premises of the Consignor or Consignee, or on other premises designated by either the Consignor or Consignee, or as close thereto as conditions will permit, subject to the following:
SECTION 4--COMPUTATION OF TIME
5. SPECIAL CONDITIONS:
a. Free Time shall be one-half (1/2) that amount normally applicable for the weight, but not to exceed 90 minutes, when:
(1). At least 90 percent of the shipment weight (exclusive of pallet weight) is loaded on pallets; or
(2). When shipment is loaded on flat-bed or other open-top equipment, except that when open-top equipment is used in lieu of closed equipment to transport shipments of unpalletized general commodities normal free time provisions will apply.
b. When more than one TL or VOL shipment, or a TL or VOL shipment and one or more LTL or AQ shipments, are loaded or unloaded, as the case may be, at the premises of Consignor, Consignee or other designated party, the combined weight will be used to determine free time. In all other instances the individual shipment weight will be used.
c. When Carrier's employee interrupts loading or unloading by the taking of any normal non-working periods, any such time will be excluded from the computation of free time, or will be excluded from the computation of time in excess of free time.
6. PREARRANGED SCHEDULING:
a. Subject to the provisions of Item 503, and upon reasonable request of Consignor, Consignee, or other designated party, Carrier will, without additional charge, enter into a prearranged schedule for arrival of the vehicle for loading or unloading.
b. When the Carrier enters into a prearranged schedule with Consignor, Consignee, or other designated party for the arrival of the vehicle for loading or unloading and Carrier is unable for any reason to maintain such schedule, then Carrier and Consignor, Consignee, or other designated party have the option, upon arrival of the vehicle, to agree to a mutually convenient and prompt alternative arrival time. In the event such agreement cannot be reached as to arrival time for the computation of detention time against Consignor, Consignee, or other designated party, Carrier's actual arrival time will be subject to an extension of 15 minutes for each 15 minutes, or fraction thereof, the vehicle is delayed beyond the originally scheduled arrival time. In no case shall
such extended free time exceed 60 minutes.
c. If Carrier's vehicle arrives prior to scheduled time, time shall begin to run from the schedule time, or actual time loading or unloading commences, whichever is earlier.
SECTION 5--CHARGES
After the expiration of Free Time as provided in Section 4 of this item, Detention Charges will be assessed as follows:
Charge per hour, or fraction thereof ...$90.00
SECTION 6--LAYOVER CHARGES
If carrier is forced, by action of Consignor, Consignee or other third party, to lay a power unit and driver over, an additional charge will be assessed for each occurrence in excess of twelve (12) hours, plus the Detention Charges in Section 5 of this item, as follows: Charge per occurrence ...$500.00
NOTE A--At those marine terminal facilities where Federal Maritime Commission Detention Charges apply, Carrier charges pursuant to this rule will be assessed on the party responsible for the payment of the freight charges, to the extent such charges exceed those of the Federal Maritime Commission (FMC).
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ITEM 500-1
DETENTION--VEHICLES WITH POWER UNITS--LTL OR AQ
This item applies when carrier's vehicle(s) with power unit(s) are delayed or detained, either on the premises of Consignor or Consignee, or as close thereto as conditions will permit, subject to the following provisions:
SECTION 1-APPLICATION
Applies when vehicle(s) have been ordered or used to transport shipments each having a billed weight of less than 10,000 lbs.
SECTION 2--NON-APPLICATION
1. NA on shipments moving on a rate(s) subject to a stated minimum weight of 10,000 pounds or more when not designated as a TL or VOL rate; or Shipments of LTL or AQ shipments loaded on same vehicle in multiple tender, or unloaded from same vehicle in multiple delivery, with shipments subject to TL or VOL rates or subject to a stated minimum weight of 10,000 lbs., or more. Apply provisions of Item 500.
2. Shipments which are assessed charges based on the provisions of: Item 390 (CAPACITY LOAD); or
DETENTION--VEHICLES WITH POWER UNITS--LTL OR AQ
This item applies when carrier's vehicle(s) with power unit(s) are delayed or detained, either on the premises of Consignor or Consignee, or as close thereto as conditions will permit, subject to the following provisions:
SECTION 2--NON-APPLICATION
3. Shipments which are accorded Expedited Service; or
4. Vehicle(s) containing TL or VOL shipments stopped in transit for completion of loading or partial unloading; or
5. Export or Import shipments delivered to or picked-up at wharves or piers at the following points: Gulfport, MS Pascagoula, MS Savannah, GA Mobile, AL Pensacola, FL
SECTION 3--GENERAL CONDITIONS
1. The detention charges due the Carrier shall be assessed against the Consignor in the case of loading and against the Consignee in the case of unloading, irrespective of whether line-haul charges are prepaid or collect. When detention charges are attributable to others who are not parties to the Bill of Lading, the party responsible for the payment of the freight charges will be held responsible for any accrued detention charges. (See NOTE A)
2. When carrier's employee assists in loading, unloading or checking the freight, this item will apply whether or not the power unit is actually detained.
3. Nothing in this item shall require a carrier to pickup or deliver freight at hours other than such carrier's normal business hours.
4. Freight remaining undelivered after the accrual of any detention charges may be placed in storage.
Such freight shall be subject to accrued detention charges up to the time freight is placed in storage and shall immediately become subject to the charges provided in Item 910 (STORAGE). If the freight is later tendered for delivery, the charges in Item 830 (REDELIVERY) will apply. In such event detention charges as provided in Section 6 of this item will immediately become applicable.
5. When, through no fault of the carrier, the loading or unloading of a vehicle with power cannot be completed at the end of a normal business day:
a. Consignor or Consignee may request that the vehicle, without power, remain at its premises and the provisions of Paragraph 6 of Section 3 will apply.
b. Consignor, or Consignee may request that the vehicle, with power, be returned to carrier's premises. At the time, computation of any remaining free time will cease. That portion of the shipment in the carrier's possession shall be subject to the charges provided in Item 910
(STORAGE). When the vehicle is returned to Consignor's or Consignee's premises, computation of any remaining free time will resume. The portion of a shipment that is redelivered shall be subject to the charges in Item 830 (REDELIVERY).
6. Once a vehicle with power is placed for loading or unloading and then changed to a vehicle without power at the request of Consignor or Consignee, the free time and detention charges will be applied as follows:
a. If the change is requested and made within free time allowed for a vehicle with power, free time will cease immediately at the time request is made and detention charges for vehicle without power will be applied immediately with no further free time allowed.
b. If the change is requested and made after expiration of free time for a vehicle with power, free time and detention charges will be computed on the basis of a vehicle with power up to the time the change was requested. In addition thereto, vehicle will immediately be placed on detention for vehicle without power with no further free time allowed.
7. When vehicle is both unloaded and reloaded, each transaction will be treated independently of the other, except that when loading is begun before unloading is completed, free time for loading shallnot begin until free time for unloading has expired.
SECTION 4--DEFINITIONS
'LOADING'-includes the furnishing to the carrier the bill of lading or forwarding directions or documents necessary for forwarding of the shipment.
'UNLOADING'-includes:
a. Surrender to the carrier of bill of lading on shipments billed 'TO ORDER'.
b. Payment of lawful charges to the carrier when required prior to delivery of the shipment. c. Notification to the carrier that vehicle is unloaded.
d. Signing delivery receipt when delivering carrier's agent is present at unloading.
DETENTION--VEHICLES WITH POWER UNITS--LTL OR AQ
This item applies when carrier's vehicle(s) with power unit(s) are delayed or detained, either on the premises of Consignor or Consignee, or as close thereto as conditions will permit, subject to the following provisions: (Conc.)
SECTION 5--COMPUTATION OF TIME
1. COMMENCEMENT OF TIME--The computation of time per vehicle shall begin to run upon actual notification by the driver to the responsible representative of the Consignor or Consignee of the arrival of the vehicle for loading or unloading.
2. TERMINATION OF TIME--The computation of time per vehicle shall cease to run upon completion of loading or unloading and receipt by driver of a signed bill of lading or receipt for delivery.
3. CONDITIONS GOVERNING THE COMPUTATION OF TIME:
a. Computations of time are subject to and are to be made within the normal business day at the designated premises at place of pickup or delivery. If carrier is permitted to work before or after the normal business day, such working time shall also be included.
b. When loading or unloading is not completed at the end of such day, time will be resumed upon notification by driver to the responsible representative of the Consignor or Consignee that he is ready to resume loading or unloading.
c. When loading or unloading is interrupted for a normal meal period, meal time not to exceed one
(1) hour will be excluded from computation of time.
4. FREE TIME
a. Free Time Per Vehicle Stop shall be computed as follows:
| FREE TIME IN MINUTES |
ACTUAL WEIGHT IN POUNDS |
FREE TIME IN MINUTES |
ACTUAL WEIGHT IN POUNDS |
| 2,500 or less |
30 |
7,501, but not more than 10,000 |
90 |
| 2,501, but not more than 7,500 |
60 |
10,001 and over |
120 |
b. When Consignor tenders or Consignee receives, more than one shipment, each having a billed weight of less than 10,000 lbs., at one time, the following will apply:
Free time:
(1) Will be computed on the total number of shipments and their combined weight on the vehicle, regardless of origin or destination;
(2) Will be increased by five (5) minutes for each shipment, subject to a maximum of 60 minutes additional free time.
(3) When free time is exceeded, detention charges on the vehicle will be determined by the application of the lowest detention charge governing any shipment on vehicle.
(4) Where multiple shipments, each weighing less than 10,000 lbs., exceed the carrying capacity of one vehicle, free time for each vehicle shall be computed separately.
SECTION 6--CHARGES
1. When the loading or unloading is delayed, the charge per vehicle for each 15 minutes, or fraction thereof, beyond free time will be ...$18.00.
2. Where there is more than one payor, charges will be prorated on the basis of the weight of each individual shipment. ITEM 501
DETENTION--VEHICLES WITHOUT POWER UNITS
This item applies when Carrier's vehicle(s) without power unit(s) are delayed or detained on the premises of the Consignor or Consignee, or on other premises designated by either the Consignor or Consignee, or as close thereto as conditions will permit, subject to the following:
SECTION 1-APPLICATION
1. Applies on all shipments, except as provided in Section 2.
2. Applies only when carrier, subject to availability of equipment, and:
a. Upon request of the Consignor drops or spots empty vehicle(s) for loading; or
b. Upon request of the Consignee drops or spots loaded vehicle(s) for unloading; at a designated site on the premises of such Consignor or Consignee.
SECTION 2--NON-APPLICATION
NA when Carrier's employee assists in loading, unloading, or checking the freight, apply the detention provisions governing Detention With Power Units in Items 500 and/or 500-1, whichever is applicable. NA on shipments of:
COMMODITIES IN BULK, in tank trucks, dump trucks, vehicles pneumatically unloaded and or/other self- unloading mechanized vehicles; HEAVY AND SPECIALIZED COMMODITIES or ARTICLES REQUIRING SPECIAL EQUIPMENT OR HANDLING outside the scope of the certificates of General-Commodities Motor Common Carriers; HOUSEHOLD GOODS;
NEW APPLIANCES, FIXTURES or FURNITURE, uncartoned or uncrated, which require inside strapping, wrapping, bracing and other loading devices similar to those needed for household goods, provided that the uncrated trailerload rate applies; LIVESTOCK, other than ordinary; MOBILE HOMES; ARTICLES picked-up or delivered to RAILROAD care in railroad owned or leased equipment having prior or subsequent transportation by rail; ARTICLES picked up or delivered to WATER CARRIER care in equipment owned by or leased to water Carrier when prior or subsequent transportation is by water; and SHIPMENTS transported for consignors and consignees of WATERBORNE commerce at Marine Terminal Facilities to the extent that the Marine Terminal Operator would be liable to the Motor Common Carrier for truck detention under any applicable detention rule promulgated pursuant to the authority of the Federal Maritime Commission.
SECTION 3--GENERAL CONDITIONS
1. Empty vehicle(s) placed at the premises of the Consignor without a specific request are not to be considered "dropped" or "spotted" under the provisions of this item until such a time as a specific request from the Consignor is received. Movement of the vehicle(s) to the specifically designated dropping or spotting site shall be the obligation of the carrier.
2. The detention charges due the Carrier will be assessed against the Consignor in the case of loading and against the Consignee in the case of unloading, irrespective of whether line-haul charges are prepaid or collect. When detention charges are attributable to others who are not parties to the Bill of Lading, the party responsible for the payment of the freight charges will be held responsible for any accrued detention charges.
3. Nothing in this item shall require a Carrier to pick-up or deliver dropped or spotted vehicle(s) at hours other than Carrier's normal business hours. This shall not be construed as a restriction on Carrier's ability to accept pickup or deliver a dropped or spotted vehicle(s) at hours other than its normal business hours.
4. LOADING OF DROPPED OR SPOTTED VEHICLE(S):
a. Will be performed by Consignor, or other party designated by them.
b. Bill of Lading must show "Shipper Load and Count".
c. Carrier's responsibility for safeguarding shipment(s) shall begin when loading has been completed and possession thereof has been taken by the carrier.
5. UNLOADING OF DROPPED OR SPOTTED VEHICLE(S):
a. Will be performed by Consignee, or other party designated by them.
b. Carrier's responsibility for safeguarding shipment(s) shall cease when vehicle(s) has been dropped or spotted at or on the site designated by the Consignee.
6. When a vehicle is both unloaded and reloaded, each transaction will be treated independently of the other, except that when loading is begun before unloading is completed, free time for loading shall not begin until free time for unloading has elapsed.
(Cont. on following page)
For explanation of abbreviations and reference marks, see Items 125 thru 135.
DETENTION--VEHICLES WITHOUT POWER UNITS
This item applies when Carrier's vehicle(s) without power unit(s) are delayed or detained on the premises of the Consignor or Consignee, or on other premises designated by either the Consignor or Consignee, or as close thereto as conditions will permit, subject to the following: (Cont.)
SECTION 3--GENERAL CONDITIONS (Conc.)
7. The "FREE TIME" for loading or unloading, as the case may be, will be as provided in Section "5". After the expiration of such "FREE TIME" the detention charges provided in Section "6" will be assessed.
8. When a dropped or spotted vehicle is changed to a vehicle with power at the request of Consignor, Consignee, or other designated party, the free time and detention charges will be applied as follows:
a. If the change is requested and made before the expiration of free time for a dropped or spotted vehicle, free time will cease immediately at the time the request is made, and detention charges for vehicles with power will immediately commence with no further free time allowed.
b. If the change is requested and made after the expiration of free time for a dropped or spotted vehicle, free time and detention charges will be computed on the basis of a dropped or spotted vehicle up to the time the change was requested. In addition thereto, the vehicle will immediately be charged detention for vehicles with power with no further free time allowed.
SECTION 4--DROPPING OR SPOTTING OF VEHICLE(S)
1. "DROPPING" or "SPOTTING"... Are considered to be synonymous and are used interchangeably, and means the placing of a vehicle(s) at a specific site designated by the Consignor, Consignee or other party
designated by them, detaching the vehicle(s), and leaving the vehicle(s) in full possession of the Consignor, Consignee or other designated party, unattended by carrier's employe and unaccompanied by a power unit(s).
2. The Consignor, Consignee, or other designated party, may shift a dropped or spotted vehicle(s) with its own power units, at its own expense and risk, for the purpose of loading or unloading.
3. The Carrier will not move the vehicle(s) until such time as it has received notification that the vehicle(s) is ready for pickup at any site on the premises.
SECTION 5--COMPUTATION OF TIME
1. COMMENCEMENT OF TIME--The computation of time per vehicle shall begin to run upon placement of the vehicle at site specifically designated by Consignor, Consignee, or other designated party.
2. TERMINATION OF TIME--The computation of time per vehicle shall cease to run upon receipt of notification by the carrier of completion of loading or unloading and the vehicle is available for pickup. Notification shall be given by Consignor, Consignee, or other designated party, by telephone, if convenient and practical, otherwise by telegraph or mail, at their own expense, to carrier or other party designated by carrier for the purpose of advising such carrier or other party that the dropped or spotted
trailer has been loaded or unloaded and is ready for pickup. If notification is by telephone, carrier may require written confirmation.
3. FREE TIME--Free Time Allowed Per Vehicle will be 24 consecutive hours for loading and/or unloading.
4. PREARRANGED SCHEDULING:
a. Subject to the provisions of Item 503, and upon reasonable request of Consignor, Consignee, or other designated party, Carrier will, without additional charge, enter into a prearranged schedule for arrival of vehicle(s) for dropping or spotting.
b. If Carrier's vehicle arrives prior to scheduled time, time shall begin to run from the scheduled time, or actual time dropping or spotting commences, whichever is earlier.
c. If Carrier's vehicle arrives later than scheduled time, time shall begin to run from the actual time dropping or spotting commences.
1. GENERAL DETENTION CHARGES:
SECTION 6--CHARGES
After the expiration of free time prescribed herein, use charges will be assessed as follows:
CHARGE PERIOD OF USE BEYOND FREE TIME SEE NOTE PER VEHICLE
For each succeeding 24 hours or fraction thereof A $62.00
DETENTION--VEHICLES WITHOUT POWER UNITS
This item applies when Carrier's vehicle(s) without power unit(s) are delayed or detained on the premises
of the Consignor or Consignee, or on other premises designated by either the Consignor or Consignee, or as
close thereto as conditions will permit, subject to the following: (Conc.)
SECTION 6--CHARGES (Conc.)
2. STRIKE INTERFERENCE CHARGES:
When, because of a strike of its employees, it is impossible for Consignor, Consignee, or other designated party, to make available for movement by carrier any partially loaded, or empty vehicle(s) detained on their premises, a detention charge per vehicle will be made following the expiration of free time. Saturdays, Sundays and holidays shall be included after the 4th day of charges.
Charge per day or fraction thereof...$62.00
3. DELAY IN VEHICLE PICKUP CHARGE:
No additional charge will be made for picking-up vehicle(s) dropped or spotted under this item when such pickup can be performed within 30 minutes after arrival of driver and power unit at premises of Consignor, Consignee, or other designated party. When a delay of more than 30 minutes is encountered, detention charges for Vehicles With Power Units will commence from the time of arrival, as specified in Item 500.
NOTE A--Including Sundays or Holidays.
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ITEM 501-01
DETENTION--USE OF VEHICLE FOR PUBLIC SALE OF CONTENTS
Where the Consignor and/or Consignee has made proper arrangements with the delivering carrier for the use of a vehicle at the Consignee's place of business for the purpose of holding a public sale of the merchandise contained in such vehicle, the following rules shall govern:
SECTION 1--GENERAL CONDITIONS
1. Arrangements for the service authorized in this item must be made with the delivering carrier before shipment is tendered for transportation. The instructions and/or Bill of Lading and/or Shipping Order shall clearly state the place and site at which the vehicle will be used for the purpose of conducting the sale of the merchandise which will be transported in the vehicle.
2. Provisions of this item apply only on shipments which:
a. Have moved to the point of destination on TL or VOL rates; and
b. The vehicle(s) has (have) been loaded and sealed by the Consignor. Bill of Lading and Shipping Order must have been notated:
(1) "Consignor Load, Count and Seal;" and
(2) "Consignee to Unload." And
c. On which Stopping-in-Transit Privileges for Partial Unloading have not been accorded.
3. All charges accruing under the provisions of this item shall be paid by the Consignee.
SECTION 2--FREE TIME
1. FREE TIME--8 hours free time will be allowed for the unloading of the vehicle(s) after placement at the site designated by the Consignee.
2. COMPUTATION OF TIME:
a. MONDAY THRU SATURDAY, EXCLUDING HOLIDAYS:
(1) Free Time shall be computed from time of actual placement by carrier.
(2) When the vehicle(s) are placed prior to 8:00 A.M. of any day, Free Time shall begin at 8:00 A.M. of such day.
(3) When vehicle(s) are placed after 5:00 P.M. of any day, Free Time shall begin at 8:00
A.M. of the following day which in neither a Holiday nor a Sunday.
(4) When any portion of the Free Time extends beyond 5:00 P.M. of any day, such portion of
Free Time shall be computed from 8:00 A.M. of the next day which is neither a Holiday, nor
a Sunday.
b. SUNDAYS AND HOLIDAYS:
Free time shall not begin on a Sunday or a Holiday observed at the point of placement, but shall
commence at 8:00 A.M. of the next day which is neither a Holiday, nor a Sunday.
SECTION 3--CHARGES
After the expiration of free time prescribed herein, use charges will be assessed as follows:
PERIOD OF USE BEYOND FREE TIME SEE NOTE CHARGE PER VEHICLE
For the first 24 hours or fraction thereof
For the second 24 hours or fraction thereof
For the third and each succeeding 24 hours or fraction thereof
A
A
B
$75.00
$100.00
$150.00
NOTE A--Excluding Sundays or Holidays.
NOTE B--Including Sundays or Holidays.
ITEM 503
DETENTION--PREARRANGED SCHEDULING OF VEHICLE ARRIVAL FOR LOADING OR UNLOADING Except as otherwise provided, upon reasonable request of Consignor, Consignee or other designated party, carriers will, without additional charge, prearrange schedules for arrival of vehicles for loading or unloading shipments, subject to the provisions of Items 500 and 501.
1. Request for prearranged scheduling may be oral or in writing.
2. Prearranged schedules for arrival of vehicle for loading or unloading may be on a one-time or
continuous basis mutually agreeable to all parties. Continuous prearranged scheduling agreement may be terminated by any party to the agreement on not less than 24 hours notice prior to the effective date of such cancellation.
3. The scheduled time for arrival of vehicle for unloading should be prior to the time storage charges would begin to accrue. If arrival for unloading is not so scheduled, applicable storage charges will be assessed as provided in this tariff.
ITEM 510
DISTANCES AND ROUTES
SECTION 1--MILEAGES
Distances computed by the use of Tariff HGB 100 series (MILEAGE GUIDE) between point of origin and point of destination shall be the shortest route provided therein. However,
1. When the Consignor or Consignee requests transportation of the shipment over a particular route that is longer than the shortest route, the mileage over the longer route will be used; or.
2. When operation over the shortest or specified route is not feasible because of operating hazards, load limitations of highways or bridges, underpasses, or other highway limitations, the mileage computed over the actual route of movement of the shipment will apply; or
3. When shipments move under special permits, as required by or obtained from a Municipal, State or Federal Regulatory Body or Commission, which specify the route to be traveled by the motor vehicle, the mileage to be used will be the mileage via the route specified in the special permit.
4. When on shipments subject to stopoffs for partial loading or unloading, mileage will be determined from point of origin to point of destination, through the stopoff point(s).
5. Where the rates are not shown for the actual distance, the rates given for the next greater distance will apply.
SECTION 2-- RATE BASIS NUMBERS
1. Distances computed by the use of Rate Basis Numbers, Scale Numbers, Zone Numbers, or any other method, other than mileages as provided in Section 1 of this item, shall be determined as provided in tariffs making reference to this tariff as a governing publication, and having application from point of origin to point of destination, over applicable route(s), for article(s) being transported.
2. Where the rates are not shown for the actual distance, the rates given for the next greater distance will apply.
SECTION 3-- ROUTES
1. The rates published in this tariff, and tariffs making reference to this tariff as a governing
publication, are applicable only over regular United States (Federal) Interstate Highways and/or State Paved and/or Improved Roads, via carrier(s) handling shipments over routes authorized in their certificate or compliance order issued them.
2. When, for any reason, a carrier(s) transports shipments over an alternate route which is in excess of the shortest route, the rates to apply will be those which would have applied if the shipment had been transported over the shortest route. Rules or other provisions of this tariff providing rates and services from, to or at intermediate points will not apply at points on such alternate routes. ITEM 515
DIVERSION--MOTOR TO AIR TRANSPORTATION
When instructions are received to divert a shipment at any point from Motor to Air transportation, and when such instructions do not include a change in the destination of the shipment, the following provisions apply:
1. The shipment will be charged for on the basis of the combination of rates or charges, as follows:
a. The applicable Motor Carrier charges shall apply from the origin point to the point of diversion, and
b. The applicable Air transportation charges from the diversion point to the destination point.
2. In addition, the following charges will be assessed:
a. For Delivery Service to the air transportation terminal:
Charge per 100 pounds ...$6.50
Minimum Charge Per Shipment ...$50.00
b. For unloading and reloading the line haul vehicle to accomplish such diversion:
Charge Per Man, Per Hour, or Fraction Thereof ...$27.00
Minimum Charge Per Shipment ...$50.00
ITEM 518
EQUIPMENT
A carrier's obligation to accept articles for shipment shall be subject to the suitability of available
equipment and to requirements of ordinances or laws limiting or regulating the transportation of the property or use of equipment. ITEM 520
EQUIPMENT--TRAILER POOL
When carrier is requested to establish a trailer pool for the convenience of a customer or customers for loading or unloading, the following provisions will apply:
1. Carrier will reposition or retrieve equipment from point of last dispatch to trailer pool location via the most practical route, subject to the following charges:
Charge per trailer ...$150.00,
Plus, Charge per empty mile ...$1.30
2. Under normal circumstances no detention charges will apply for agreed upon trailer pool loading or unloading. However, detention charges will apply when, customer causes carrier to provide additional trailers to maintain negotiated trailer pool level, as follows:
Charge per trailer per day ...$50.00
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ITEM 520-01
EQUIPMENT-TRAILERS RECEIVED FROM OR DELIVERED TO RAIL CARRIERS
(See NOTES A, B, C, D and E)
Upon request of shipper or consignee, shipments will be transported in trailers not owned by motor common carriers parties to this tariff. When shipments so handled are received from or delivered to rail carriers, rates provided in tariffs governed hereby will apply on the weight of the shipments not including the weight of the trailers; and the shipments will be transported under the conditions and subject to the additional charges provided in Paragraphs 1 thru 8:
1.
a. Except as provided in Paragraph b, the following additional charge will be assessed for each coupling or uncoupling of two trailers, each 20 feet or less in length ...$45.78
b. When shipper requests a single trailer 20 feet or less in length and motor common carrier for its own use requests and receives an additional trailer 20 feet or less in length, the charge in Paragraph 1a will not apply.
2. Motor Common Carrier will not perform coupling or uncoupling of trailers at rail ramps or tracks.
3. Free time of 30 minutes will be allowed for each pickup and each delivery of each trailer at rail ramps or tracks or other locations designated by rail carriers, except that two trailers each 20 feet or less in length, coupled together, will be considered as one trailer for the purpose of these provisions. When through no fault or negligence on the part of the motor common carrier the time consumed in pickup or delivery exceeds the free time, the charge for each 15 minutes or fraction thereof will be ...$11.42. The time for each pickup or each delivery will begin or run upon notification by the driver to the responsible representative of the rail carrier or party designated by the rail carrier at the place of pickup or delivery of the arrival of the power unit and shall end upon completion of pickup or delivery of trailers.
4. When loaded trailers or containers are received, such loaded trailers or containers must be sealed prior to acceptance by Motor Common Carrier.
Upon request of shipper or consignee, shipments will be transported in trailers not owned by motor common carriers parties to this tariff. When shipments so handled are received from or delivered to rail carriers, rates provided in tariffs governed hereby will apply on the weight of the shipments not including the weight of the trailers; and the shipments will be transported under the conditions and subject to the additional charges provided in Paragraphs 1 thru 8: (Conc.)
Upon request of shipper or consignee, shipments will be transported in trailers not owned by motor common carriers parties to this tariff. When shipments so handled are received from or delivered to rail carriers, rates provided in tariffs governed hereby will apply on the weight of the shipments not including the weight of the trailers; and the shipments will be transported under the conditions and subject to the additional charges provided in Paragraphs 1 thru 8: (Cont.)
5. When a rail carrier furnishes one or more empty trailers to a motor carrier, upon request of shipper, for transportation of shipments to rail ramps or tracks or other locations designated by rail carriers, and the trailers are made available to the motor carrier on less than the number of days (See NOTE A) specified in COLUMN B, below, prior to the consignor's required loading date, the additional charge as shown in COLUMN C, below, opposite the applicable mileage shown in COLUMN A, below, will be assessed for moving each trailer empty from the point of pickup to the point of loading thereof. For the purpose of this rule two trailers each 20 feet or less in length, coupled together, will be considered a single trailer. For any mileage not listed, use nearest greater mileage that is listed.
| MILES |
DAYS |
CHARGE |
MILES |
DAYS |
CHARGE |
MILES |
DAYS |
CHARGE |
MILES |
DAYS |
CHARGE |
100
125
150
175
200
225
250
275
300
325
350
375
|
2
2
2
2
2
2
2
2
2
2
2
2
|
249.67
324.60
374.64
424.51
499.42
574.36
649.13
699.23
749.16
845.88
892.28
938.42
|
400
425
450
475
500
525
550
575
600
625
650
675
|
3
3
3
3
3
4
4
4
4
4
4
4
|
984.18
1078.57
1124.57
1167.93
1212.11
1309.04
1337.85
1406.02
1454.47
1551.49
1600.03
1648.48
|
700
725
750
775
800
850
900
950
1000
1050
1100
|
4
4
4
4
4
4
4
4
4
4
4
|
1697.00
1793.92
1842.42
1890.89
1939.35
2060.55
2181.79
2303.07
2408.29
2545.46
2666.59
|
1150
1200
1250
1300
1350
1400
1450
1500
1550
1600
1650
|
4
4
4
4
4
4
4
4
4
4
4
|
2787.84
2909.05
3030.30
3151.40
3272.63
3393.88
3515.09
3636.38
3757.53
3878.78
3999.98
|
6. General Provisions:
a. Loading shall, in no case, exceed the maximum weight that may be lawfully transported.
b. Vehicle sizes refer to outside length of vehicle.
c. Where time records are required, motor common carrier must maintain such records and must make them available for inspection by authorized representatives of regulatory authorities.
7. Motor Common Carrier will not pickup a chassis at one location and the container at another location.
8. Carrier may spot such trailers not owned by motor common carriers at consignor's premises for loading or consignee's premises for unloading in full possession of the consignor or the consignee, as the case may be, unattended by carrier's employees and unaccompanied by power unit, subject to the following conditions and charges:
a. Loading will be performed by consignor and the Bill of Lading must show "Shipper load and count". Unloading will be performed by consignee.
b. Carrier's responsibility for shipments loaded in trailers which are spotted under provisions of this item shall begin when loading has been completed and possession thereof is taken by the carrier.
c. Free time, after the vehicle is placed at consignor's or consignee's premises, will be 24 hours.
d. Consignor or consignee will notify carrier when loading or unloading as the case may be, is in fact completed and trailer is available for pickup and the trailer will be deemed to be held until the time the carrier is so notified.
e. In computing time, Saturdays, Sundays and legal holidays (National, State or Municipal) will in all cases be excluded.
f. After expiration of free time under Paragraph 8(c), a charge will be assessed, as follows:
Charge for each 24 hours, or fraction thereof that trailer is held ...$55.00
(Conc. on following page)
For explanation of abbreviations and reference marks, see Items 125 thru 135.
Upon request of shipper or consignee, shipments will be transported in trailers not owned by motor common carriers parties to this tariff. When shipments so handled are received from or delivered to rail carriers, rates provided in tariffs governed hereby will apply on the weight of the shipments not including the weight of the trailers; and the shipments will be transported under the conditions and subject to the additional charges provided in Paragraphs 1 thru 8:
8. Carrier may spot such trailers not owned by motor common carriers at consignor's premises for loading or consignee's premises for unloading in full possession of the consignor or the consignee, as the case may be, unattended by carrier's employees and unaccompanied by power unit, subject to the following conditions and charges: (Conc.)
g. No charge will be made for picking-up trailers spotted under this item when such pickup can be performed in 30 minutes after arrival of driver and power unit at consignor's premises. Where a delay of more than 30 minutes is encountered, detention charges will be assessed, as follows: Charge for each additional 30 minutes, or fraction thereof ...$24.00
h. Carrier will not spot trailers equipped with temperature control except that such equipment may be spotted at the charge provided for pickup or delivery of freight which does not require temperature control.
i. The charges provided in Paragraph 8f of this item will apply on all trailers actually or constructively placed for loading or unloading.
NOTE A--Time to be 12:01 A.M. of day trailer(s) is available to the motor carrier, Saturdays, Sundays and National Holidays excluded.
NOTE B--Applies only when freight is handled in trailers not owned by motor common carriers and is interchanged by motor common carriers with rail carrier. The provisions of this item will apply regardless of the size of the vehicle furnished, and double trailers (each 20 feet or less in length) coupled together will be considered as a single trailer.
NOTE C--On shipments subject to LTL, AQ or VOL rates, each and every vehicle loaded to capacity will be subject to a minimum charge based on the applicable 10,000 lbs. minimum weight rate for 20,000 lbs. NOTE D--On mixed shipments the minimum charge for the entire shipment will be subject to minimum weight
which shall be that which is highest provided for any article in the shipments, but not less than 20,000 lbs.
NOTE E--Each trailer moving under the provisions of this item will be considered as fully loaded orloaded to capacity and the weight on each trailer, regardless of size, will be charged for at the actual weight, but not less than the applicable 10,000 lbs. minimum weight rate for 20,000 lbs.
ITEM 550
EXPORT, IMPORT, COASTWISE AND INTERCOASTAL TRAFFIC SECTION 1--APPLICATION
1. Rates, whether Class or Commodity, which are specifically designated as Export, Import, Coastwise or Intercoastal rates take precedence over other rates, whether Class or Commodity, between the same points, over the same route, on Export, Import, Coastwise or Intercoastal traffic, as the case may be.
2. Rates published in tariffs making reference to this tariff which are not specifically designated as applying only on domestic traffic, will also apply on Export, Import, Coastwise and Intercoastal traffic.
SECTION 2--DEFINITIONS
1. EXPORT--Rates and provisions apply on all commodities shipped OUTBOUND TO foreign countries, as described in this item.
2. IMPORT--Rates and provisions apply on all commodities shipped INBOUND FROM foreign countries, as described in this item. Such rates and provisions apply from the various ports on Import traffic, arriving by Ocean Carriers at the ports. However, when such imports have been trans-shipped at a U.S. Port, the goods may not have been placed in storage nor held at port of trans-shipment longer than required for trans-shipment.
3. COASTWISE--Rates and provisions apply on traffic having both origin and destination at points in the United States and moving by water between Atlantic Coast Ports and/or Gulf Ports. Such rates and provisions apply only in connection with water carrier whose rates are on file with the Federal Maritime Commission (FMC).
(Conc. on following page)
EXPORT, IMPORT, COASTWISE AND INTERCOASTAL TRAFFIC SECTION 2--DEFINITIONS
4. INTERCOASTAL--Rates and provisions apply on traffic for trans-shipment via the Panama Canal from or to points on the Pacific Coast of the United States and /or the Province of British Columbia, Canada.
5. FOREIGN COUNTRIES--Includes:
a. All origins not located in:
(1) United States of America; or
(2) All Provinces of Canada; or
(3) Islands of Miquelon and St. Pierre b. Canal Zone of Panama;
c. Cuba;
d. Philippine Islands;
e. Insular Possessions of the United States (Puerto Rico and Virgin Islands).
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ITEM 550-01
EXPORT, COASTWISE OR INTERCOASTAL SHIPMENTS - DESIGNATION OF PLACE OF DELIVERY SECTION 1--GENERAL CONDITIONS
1. The provisions of this item are an exception to Item 345 (ARRIVAL NOTICE AND UNDELIVERED FREIGHT), Item 647 (NOTIFICATION PRIOR TO DELIVERY) and Item 820 (RECONSIGNMENT OR DIVERSION) to the extent provisions of this item are applicable.
2. When, upon arrival of an Export, Coastwise or Intercoastal shipment at any of the ports named, it is determined the actual delivery address is not designated on the Bill of Lading, the carrier will give notification of arrival to the broker or other party shown on the Bill of Lading. The broker, or other party, will then designate the actual delivery address within the port facility and carrier will accomplish delivery, subject to the provisions of this item.
SECTION 2--APPLICATION
1. When on Export, Coastwise or Intercoastal shipments subject to the provisions of this item, no charge will be made for changes in the originally billed address, at the Ports of:
Gulfport, MS Pascagoula, MS Savannah, GA Mobile, AL Pensacola, FL
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ITEM 550-02
EXPORT, IMPORT, COASTWISE AND INTERCOASTAL TRAFFIC
WATERBORNE TRAFFIC
SECTION 1--GENERAL CONDITIONS
1. Except as otherwise provided:
a. Rates and charges in tariffs governed by this tariff, applying from or to Ports on waterborne traffic, do not include loading or unloading of the motor carrier vehicle or other services normally incidental to handling of waterborne traffic. Loading and unloading services are performed by longshoremen, stevedores or public loaders, at rates and charges lawfully on file with the Federal Maritime Commission (FMC).
b. The arrangement for the performance of these loading and unloading services, and the payment therefor, is the responsibility of the consignor, consignee, its agent or representative.
c. The carrier shall not be responsible for any delays resulting from the failure of any party to make the proper arrangements for the performance of these services.
2. LTL or AQ shipments consigned to one consignee at one port may, upon arrival or prior to arrival at carrier's terminal serving the port, be divided into separate shipments for delivery to piers, docks, pier terminals, transit sheds or wharves. Such shipment shall be assessed charges based on a combination of rates or charges applicable to and from the port city involved. The revised billing shall be sent to and
be paid by the party requesting this service. This service will not be given if delivery has been made according to original billing.
3. Rates and charges named herein will not apply:
a. When shipment(s) are delivered in trailer(s) without transfer of the lading to ocean carrier. The receipt of the trailer(s) by ocean carriers shall terminate the motor carrier's delivery service and liability.
b. When shipment(s) is received in trailer(s) without transfer of the lading from ocean carriers. The receipt of the trailer(s) by the motor carrier shall constitute the beginning of the motor carrier's service and liability.
4. Except on shipments moving on Government Bills of Lading, all charges in this item applying on EXPORT shipments must be PREPAID.
5. When the consignor or consignee or its representative or agent makes arrangements directly with the terminal operator of the piers, docks, pier terminals, transit sheds or wharves for payment of the pier charges of said operators, the charges in this item will not apply. The following notation must be placed on the Bill of Lading by the consignor:
"ARRANGEMENTS MADE with PIER OPERATOR TO BILL SHIPPER OR CONSIGNEE DIRECTLY FOR PIER LOADING OR UNLOADING CHARGES".
SECTION 2--DEFINITIONS
1. FULL SERVICE (TRUCK LOADING OR UNLOADING)--shall mean the service of moving cargo from a place of rest on the pier, elevating the cargo on to the truck and stowing of the cargo in the truck or removing cargo from the body of the truck to a place of rest designated by the Terminal, but shall not include special storage, sorting or grading of, or otherwise selecting the cargo for the convenience of the trucker or the consignee. The service shall include loading on consignee's pallets. The loading and stowing of cargo in the truck or the unloading of cargo from the truck shall be under the supervision of the driver of the truck.
2. TAILGATE SERVICE (PARTIAL LOADING OR UNLOADING)--shall mean the service which is:
a. Performed when packaged cargo, other than pre-palletized or skidded cargo, can be loaded onto the tailgate of the truck by use of an operator and a machine. If additional labor is required for this operation, the Full Service (Loading or Unloading) rate will be applicable. This provision shall not be construed as compelling the Terminal to provide pallets.
b. Pre-palletized or skidded cargo, which is pre-palletized or skidded to the satisfaction of the Terminal Operator, and which is situated on the pier or on the truck so that it can be loaded into a truck or unloaded from a truck by the insertion of the Terminal's forklift truck blades under
the pallet or skid without any necessity of shifting the cargo prior to such insertion. If the cargo is not so situated the Full Service (Truck Loading or Unloading) rates are applicable.
3. LOT SIZES--Refers to quantities shipped to or from one ultimate shipper or consignee on one vessel requiring no special or additional sorting, selecting or handling.
4. PALLETIZED, PRE-UNITIZED AND SKIDDED CARGO will be construed as follows:
a. PALLETIZED AND PRE-UNITIZED - Refers to packages mounted on a prepared platform (and, in the case of pre-unitized cargo, strapped together) in such a way as to form a single unit, which may be handled at the terminal facility by a three-ton fork lift. To be acceptable, the platforms must be made of wood, plastic, paper or metal, and shall rest on, and be fastened to, runners of steel or wood, with openings wide enough to permit free access to fork lift blades and so spaced as to provide a balanced load when lifted. In addition, the dimensions of the total unit (i.e. platform with packages) shall not exceed 48 inches in width, 120 inches in length and 84 inches in height.
b. SKIDDED CARGO - Refers to boxes, cases and/or cartons to which runners of steel or wood have been positioned in such a way as to permit free access of blades of a three ton fork lift and to provide a balanced load when lifted. To be acceptable, such units shall not exceed 48 inches in width, 120 inches in length and 84 inches in height.
5. RIGGING OR SPECIAL EQUIPMENT - consist of mechanical handling devices, winches, cranes, jacks, blocks and falls, or consisting of other special equipment commonly used in hoisting, handling, or placing the freight in position, but does not include hand trucks, forklifts or Hi-Lo equipment.
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ITEM 550-06
EXPORT, IMPORT, COASTWISE AND INTERCOASTAL TRAFFIC IMPORT SHIPMENTS
1. When a part of a shipment is held out by U.S. Government authorities at Port of Import for appraisement or other action by them, such part of shipment, when forwarded, will be billed as a "PART LOT" of the original shipment, and full reference to the original billing shall be shown on the Part Lot billing. Such freight will be rated as a part of the original shipment, and not as a separate shipment.
2. The rate on this part of the shipment does not include pickup service provided for in Item 750 (PICKUP AND DELIVERY SERVICE).
a. If such part lot of a shipment is brought to the motor carrier dock by other than the motor carrier, the actual cost of such movement, if paid by the motor carrier to the transfer agency, will be added to the freight bill.
b. If such part lot of a shipment is picked-up by the motor carrier, a charge will be assessed, which shall be in addition to the line-haul charge, as follows:
CHARGE PER 100 POUNDS ...$3.00
Minimum Charge Per Shipment ...$16.00
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ITEM 560 EXTRA LABOR--LOADING OR UNLOADING SECTION 1--GENERAL CONDITIONS
1. Extra labor for loading or unloading will be furnished by the carrier upon request of the Consignoror the Consignee. However, extra labor will not be furnished unless such is requested.
2. The provisions of this item do not obligate the carrier to furnish extra labor, if such labor is not available at the point of loading or unloading.
3. The provisions of this item are not applicable on Sundays or Holidays. Apply the provisions of Item 754
series.
4. Charges for extra labor for LOADING shall be assessed against the Consignor. However, if requested by the Consignee, and so noted on the Bill of Lading, charges for extra labor for LOADING may be assessed against the Consignee.
5. Charges for extra labor for UNLOADING shall be assessed against the Consignee. However, if requested by the Consignor, and so noted on the Bill of Lading, charges for extra laborfor UNLOADING may be assessed against the Consignor.
SECTION 2--DEFINITIONS
1. CONSIGNOR--The party from whom the carrier received the shipment, or any part thereof, for transportation at point of origin or any stop-off point, whether such party be the original Consignor, or Warehouseman, or a connecting Air, Motor, Rail or Water Carrier with which the carrier does not maintain joint through rates, or other person to whom the Bill of Lading is issued.
2. CONSIGNEE--The party to whom the carrier is required by the Bill of Lading or other instructions, to deliver the shipment, or any part thereof, at destination or any stop-off points, whether the party be the ultimate Consignee, or Warehouseman, or a connecting Air, Motor, Rail or Water Carrier with whom the carrier does not maintain joint through rates, or other person designated on the Bill of Lading.
SECTION 3--COMPUTATION OF TIME AND MAINTENANCE OF RECORDS
1. TIME--Time shall be computed from the time the extra labor arrives at the place of pickup or delivery until loading or unloading is completed.
2. RECORDS--Carrier's records must be maintained and kept available at all times. Such records must show as to each vehicle containing shipments on which extra labor is used:
a. Name and address of Consignor and Consignee at whose place of business freight is loaded or unloaded;
b. Identification of vehicle tendered for loading or unloading; and
c. Number of extra men used and the number of hours or days each such man was used.
SECTION 4-CHARGES
The charges assessed for extra labor will apply in addition to all other applicable charges. At each location where extra labor is used, the charge therefor will be:
| TIME OF USE OF EXTRA LABOR |
CHARGES PER MAN HOUR |
| For each hour, or fraction thereof |
$42.00 per hour |
| |
$83.00 minimum |
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ITEM 565
FRACTIONS
Except as otherwise specifically provided in applying the provisions of this tariff, fractions will be disposed of by rounding to the next cent as follows:
a. If less than .5 reduce to next lower cent.
b. If .5 or more increase to next higher cent.
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ITEM 566
HANDLING FREIGHT AT POSITIONS NOT IMMEDIATELY ADJACENT TO VEHICLE SECTION 1-APPLICATION
1. When requested by Consignor or Consignee, and carrier's operating conditions permit, the carrier may move shipments or portions of shipments from or to positions beyond the immediate adjacent loading or unloading positions as defined in Section 2.
2. Service under this item will be provided to floors above or below the level accessible to carrier's vehicle only when elevator or escalator service is available and labor, when necessary to operate same, is provided without cost to the carrier.
SECTION 2--GENERAL CONDITIONS
1. Freight shall be deemed to be immediately adjacent to a space suitable for carrier to place a vehicle for loading or unloading if separated therefrom only by an intervening public sidewalk.
2. If a parking space, suitable for carrier to place his vehicle for loading or unloading is occupied, or city ordinance prevents its use, the nearest available parking space may be used.
3. When two or more shipments are placed by the Consignor as close as practicable to a parking space suitable for carrier to place its vehicle for loading, all of such shipments will be considered as immediately adjacent thereto even though the shipment(s) that were closest to such parking space were picked up first by the same or different motor carriers.
4. When Consignor assigns to two or more carriers designated spaces in its shipping room or loading platform, where outgoing freight will be placed by the Consignor for pickup by the designated carriers, and all such assigned spaces are as close as practicable to a parking space suitable for the carrier to place its vehicle for loading, all such assigned and designated spaces will be considered immediately adjacent to such parking space.
SECTION 3--CHARGES
1. The charges provided in this item, will be in addition to all other lawful charges.
2. Unless the Bill of Lading is specifically endorsed to show prepayment of these charges they will be collected from the party requesting such service.
3. When on shipments moving on Government Bills of Lading such charges will be collected from the U.S. Government.
4. When shipments are accorded split-pickup, split-delivery or stopping-in-transit for partial loading or unloading, the Minimum Charges and Maximum Charges will apply to each stop separately wherever the service is performed.
5. Service provided under this item will be assessed charges as follows:
Charge per 100 lbs. ...$5.00
Minimum Charge Per Shipment ...$51.00
Maximum Charge Per Shipment; or Per Vehicle if more than one vehicle is used to transport the shipment...$335.00
For explanation of abbreviations and reference marks, see Items 125 thru 135.
SECTION 1--RULES-GENERAL
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ITEM 567
HAZARDOUS MATERIALS, WASTES, OR SUBSTANCES AND RADIOACTIVE WASTE MATERIAL
Carrier will accept shipments of Hazardous Materials, Wastes, or Substances and Radioactive Waste Material for transportation in accordance with the transportation requirements of the U.S. Department of Transportation and the U.S. Nuclear Regulatory Commission, subject to the following provisions:
SECTION 1--GENERAL CONDITIONS
1. Nothing in this rule shall obligate Carrier to transport shipments beyond the scope of their operating certificates or in violation of any law, regulation or ordinance.
2. A notice of 48 hours must be given to Carrier before tendering shipment, advising name of Consignor, Origin, Consignee and Destination.
3. Carrier will determine through its delivery terminal if Consignee will accept shipment if tendered.
4. Upon advice from Consignee that shipment will be accepted, Carrier will accept shipment.
5. Upon advice from Consignee that shipment will not be accepted, shipment will be refused by Carrier. However, Carrier may attempt to determine when such shipment will be accepted by Consignee and advise Consignor and Connecting Carrier.
6. Shipments will be PREPAID.
7. Any notation of the Bill of Lading which in any way limits or denies Carrier access to the vehicle in which the shipment is loaded, shall be deemed by the Carrier to require handling in accordance with the provisions of Item 470 (EXCLUSIVE USE OF VEHICLE).
8. DELAY-IN-TRANSIT CHARGES--Shipments which are delayed at any time due to:
a. Restrictions imposed by any Consignor, Consignee or Regulatory Agency; and/or
b. Shipments delayed, by refusal or otherwise, at destination by Consignee; will be subject to a Delay-In-Transit Charge of 200 percent of the Charges published in Item 910 (STORAGE). In case of restrictions imposed by Consignor, Consignee or any Regulatory Agency, such charges to begin at time shipment is delayed and continue until such time as transportation can be resumed or shipment delivered to Consignee; and in case of delay at destination such charges to begin upon Notice of Arrival to Consignee, per Item 345 (ARRIVAL NOTICE).
c. The accrued charges will be collected from the party responsible for the delay or if delayed by a regulatory agency, charges will be collected from the Consignor or party requesting the movement of the shipment. The Carrier shall maintain a record of all such shipments and vehicle delays, including the arrival and departure times at points where delays occur and name of party responsible for such delays.
9. SHIPPING CONTAINERS:
a. Waste to be packaged in new or reconditioned DOT specification containers. Reused non-reusable containers will NOT be accepted.
b. When drums and/or containers are found to be defective or leaking through no fault of the carrier, the necessary equipment and/or supplies and the overpack drums or container will be provided to complete transportation of the shipment. The charges for obtaining the equipment and/or supplies and the application of an overpack drum or container will be assessed against the Consignor and will be in addition to all other applicable charges.
SECTION 2--ROUTING AND PERMITS
1. ROUTING--If required by Federal, State or Local regulations, Carrier will prepare designated route plans which will set forth the routes to be utilized in transporting shipments of hazardous materials, wastes, or substances, or radioactive waste material, from the initial origins to the final destinations. The designated route will be the shortest practical route over the highways approved by the appropriate
State or Local agency for the transportation of hazardous materials, wastes, or substances, or radioactive waste material, and any interstate highway not disapproved by a State or Local agency with enforcement authority. If the total distance from the initial origin to the final destination via the designated route of movement exceeds 115 percent of the shortest mileage from initial or origin to final
destination, the distance in excess of 115 percent will be charged for at the rate per mile of $3.60.All mileages shall be computed by use of Tariff HGB 100 series (Mileage Guide).
2. PERMITS--When special permits authorizing the transportation of specific shipments of hazardous materials, waste, or substances, or radioactive waste materials are required by Federal, State or Local regulations, the purchase costs of such permits will be paid by the Carrier and collected as follows:
a. The purchase costs of such permits for each state in which a permit is procured, shall be collected from the shipper or party requesting movement of the shipment, plus a service charge for each permit procured of $11.00
b. Except for the service charge for each permit required, evidence of payment of all permit charges shall be furnished to the shipper or party requesting movement of the shipment upon request.
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ITEM 567-10
HAZARDOUS MATERIALS, TRANSPORTATION OF
Shipments subject to the provisions of Item 567 of this tariff will be assessed, in addition to all other applicable charges, a handling Charge per shipment, as follows:
Shipments rated subject to LTL rates ...$11.00
Shipments rated subject to TL rates ...$100.00
For explanation of abbreviations and reference marks, see Items 125 thru 135.
SECTION 1--RULES-GENERAL
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ITEM 570
IMPRACTICABLE OPERATIONS
Pickup or delivery service will not be performed by the carrier at any site from or to which it is impracticable to operate vehicles because of:
1. The conditions of roads, streets, driveways, alleys or approaches thereto.
2. Inadequate loading or unloading facilities.
3. Riots, acts of God, the public enemy, the authority of law, the existence of violence, or such possible disturbances as tending to create reasonable apprehension of danger to persons or property.
4. Ferries.
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ITEM 575
INSPECTION OF TENDERED PROPERTY
If the description or other information on the bill of lading is incomplete or believed to be incorrect, MXLP will take the necessary action to determine the correct information. Actions to determine actual freight characteristics include: Inspection of packages; verification of gross shipment weights; verification of actual or declared density; or collection of sufficient evidence necessary to verify whether or not the shipment is described correctly. When any such information is found tobe incorrect, the bill of lading and MLXP's freight bill will be correct and freight charges assessed according to the proper correction information. An additional charge will be assessed, in addition to all other applicable charges, when such correction are necessary of:
Charge per shipment ...$14.00
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ITEM 578
LOADING BY CONSIGNOR-UNLOADING BY CONSIGNEE
Where rates are published in tariff(s) governed by the provisions of this tariff, which are subject to provisions that Consignor is to Load and/or Consigne is to Unload the shipment(s), the following additional provisions shall apply: (See NOTE A)
1. At time of shipment a notation must be made on the Bill of Lading and Shipping Order that consignor is to load and/or consignee is to unload the shipment.
2. The requirements in Paragraph "1" that notation must be placed on Bill of Lading and Shipping Order at time of shipment will not apply when entire shipment consists of freight in a single container or freight secured to pallets, platforms or lift truck skids, or freight in any other authorized form of shipment, each unit weighing 500 lbs., or more as tendered for shipment and loading is required by Consignor and unloading required by Consignee, per NMFC Item 568.
3. When the Bill of Lading and Shipping Order notation as required in Paragraph 1 of this item is inadvertently omitted, the Consignor and/or Consignee must furnish the carrier with proof, satisfactory to the carrier, within 60 days from the date of delivery that loading and unloading was actually performed in accordance with the provisions of this item, except for the absence of the notation required in Paragraph 1.
4. The complete loading and/or unloading service of the freight, including the count thereof, must be performed by the Consignor and/or Consignee at his expense, without any assistance from the carrier. The carrier's employee and power unit are to be released while loading and/or unloading is performed. At carrier's option, the carrier's employee and power unit may remain during loading or unloading, but will render no assistance in loading or unloading.
5. The complete loading service includes the counting and loading of the freight into or on the carrier's vehicle and the stowing and arranging thereof. Any temporary blocking, flooring or lining, racks, standards, strips, stakes or similar bracing, dunnage or supports, not constituting a shipping carrier, container or package, or a part of the vehicle when required to protect and make shipments secure for transportation, must be furnished and installed by the Consignor.
6. The complete unloading service means that the Consignee must remove the freight from the position in which it is transported in or on the carrier's vehicle.
7. On mixed shipments, when any portion of the freight is required to be loaded or unloaded by the Consignor and/or Consignee, as a condition precedent to the application of the rate, the entire shipment must be loaded and/or unloaded and counted by the Consignor or Consignee, otherwise the rate will not apply and rates otherwise published will be assessed.
8. In the event the shipment is stopped-off for partial loading or partial unloading, the party or parties tendering or receiving any portion of the shipment will be subject to the requirements of this item as to loading or unloading.
9. If the Consignor, or any party tendering any portion of the shipment, refuses to perform the loading or the Consignee, or any party receiving any portion of the shipment, refuses to perform the unloading, the rate will not apply and rates otherwise published will be assessed.
NOTE A--This item will not apply on shipments of Iron or Steel Articles. See Item 578-01.
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ITEM 578-01
LOADING BY CONSIGNOR-UNLOADING BY CONSIGNEE
The provisions of this item apply only on shipments of IRON OR STEEL ARTICLES:
1. Where rates are published in tariff(s) governed by the provisions of this tariff; and
2. Where rates are subject to provisions that Consignor is to Load and/or Consignee is to Unload the shipment(s); and
3. The following additional provisions:
a. The loading and/or unloading must be performed by the Consignor and/or consignee.
b. On mixed shipments, when any portion of the freight is required to be loaded or unloaded by the Consignor and/or Consignee, as a condition precedent to the application of the rate, the entire shipment must be loaded and/or unloaded and counted by the Consignor or Consignee, otherwise the rate will not apply and rates otherwise published will be assessed.
c. In the event the shipment is stopped-off for partial loading or partial unloading, the party or parties tendering or receiving any portion of the shipment will be subject to the requirements of this item as to loading or unloading.
d. If the Consignor, or any party tendering any portion of the shipment, refuses to perform the loading or the Consignee, or any party receiving any portion of the shipment, refuses to perform the unloading, the rate will not apply and rates otherwise published will be assessed.
e. On heavy or bulky articles requiring special devices for safe loading or unloading, Consignor or Consignee shall furnish such special devices and men necessary to operate the special devices and shall assume full responsibility for any damage to the shipment or carrier's equipment while being loaded or unloaded.
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ITEM 578-05
LOADING OR UNLOADING BY CARRIER'S DRIVER
Shipments subject to TL or VOL rates must be loaded and/or unloaded by the Consignee or Consignor, as the case may be. Where Carrier's driver is required to assist in loading and/or unloading, as the case may be, an addition charge will be assessed to the party requiring such service, as follows:
Charge per service per shipment ...$125.00
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ITEM 580
MARKING OR TAGGING FREIGHT
1. The provisions of this item are subject to the provisions of NMFC Item 580.
2. Charges accruing under the provisions of this item are in addition to all other lawfully applicable rates and charges.
SECTION 1--MARKING OR TAGGING FREIGHT-LTL or AQ
Except as otherwise provided for in this item, when shipments are released to a carrier with instructions to prepare a Bill of Lading, or where Bill of Lading is prepared by the owner of the goods and supplied to the carrier, the carrier will tag the freight to conform with NMFC Item 580, subject to the following charges:
a. LABELS OR TAGS SUPPLIED BY OWNER OF GOODS:
Charge per individual piece of freight (Charge per label or tag) ...$1.55
Minimum Charge Per Shipment $21.00
b. LABELS OR TAGS SUPPLIED BY CARRIER:
Charge per individual piece of freight (Charge per label or tag) ...$1.55
Minimum Charge Per Shipment ...$21.00
SECTION 2--IMPORT FREIGHT MOVING IN-BOND
1. Import shipments of LTL or AQ freight, forwarded IN-BOND, which upon delivery to the carrier at the Port of Entry, bear blind or abbreviated markings, shall be marked with red label or tag of the U.S. Government to show the following information, which will be considered in full compliance with NMFC Item 580:
TRANSPORTATION ENTRY NO. FROM ____________________________________________________________________
(Station)
TO ____________________________________________________________________
(Destination)
NOTICE-THIS PACKAGE IS UNDER BOND, AND MUST BE DELIVERED INTACT TO THE CHIEF OFFICER OF THE UNITED STATES CUSTOMS AT ____________________________________________________________________
2. Shipments marked in accordance with this Section, when prepared and/or applied by the carrier: Charge per individual piece of freight (Charge per label or tag) ...$1.55
Minimum Charge Per Shipment ...$21.00
3. Any additional marking required by the Consignor, if performed by the carrier, will be charged for at the same rate as provided in Paragraph 2 of this Section.
4. The charges in this item will not apply when the vehicles are loaded to visible capacity and sealed with a red IN-BOND customs seal.
(Conc. on following page)
MARKING OR TAGGING FREIGHT SECTION 3--FREIGHT NOT MOVING IN BOND
1. On Import, Coastwise or Intercoastal traffic and on shipments received at steamship piers, which upon delivery to carrier, or its agent, at the Ports of Entry, bear blind or abbreviated markings, will, if necessary for proper identification, after completion of Customs' formalities, be marked in conformity with NMFC Item 580.
2. When marking is done by an employee of the carrier, or other party acting as agent for the carrier, the charge for such marking will be as provided in SECTION 4. Such charge, unless paid to the carrier or its agent, at the Port of Entry, will follow as an Advanced Charge against the shipment.
SECTION 4--CHANGING MARKINGS OR TAGS
1. Subject to the provision of NMFC Item 580, the carrier will at the request of the Consignor or Consignee, change or alter according to instructions, the markings or tags on any packages or piece of freight subject to the following charges:
Charge per individual piece of freight (Charge per label or tag) ...$1.55
Minimum Charge Per Shipment ...$21.00
2. The charges accruing under the provisions of this Section, must be either paid by the party requesting the service or guaranteed to the satisfaction of the carrier before the service will be performed.
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ITEM 590-25
Maximum Liability -- Household goods/personal effects
Household goods means used household goods or personal effects such as clothing, furniture or items for personal or residential use. All household goods will be released to a value not exceeding $.010 per pound and will be moved as class 100. All personal effects will be defined as household goods. Household goods/personal effects classed higher than class 100 will be released at a maximum liability of $0.10 per pound.
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ITEM 590-50
Maximum Liability
1.) Incadescent, flourscent or any othe rtype lighting tube or bulb will move at release value of $0.10 per pound with a maximum of $10,000.00 per shipment.
2.) Uncreated parts, machinery and unpackaged metal or pipe will mobe at a release value of $0.50 per pound wiuth a maximum of $10,000 per shipment - new or used.
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ITEM 596
MAXIMUM WEIGHTS--TL OR VOL SHIPMENTS
Except as specifically provided in individual items, TL or VOL provisions subject to a maximum weight restriction, will apply only to the extent the total weight of the shipment does not exceed such maximum weight. That portion of a shipment in excess of a stated maximum weight shall be rated as a separate shipment. For explanation of abbreviations and reference marks, see Items 125 thru 135.
EFFECTIVE January 28, 2008
Issued by: MILAN EXPRESS CO., INC., P.O. Box 699, Milan, TN 38358 |