DETENTION--VEHICLES WITH POWER UNITS--TL OR VOL SHIPMENTS – ITEM 500

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 470Item_470 (EXCLUSIVE USE OF VEHICLE); or

3. Shipments which are accorded Expedited Service.

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 trailer load 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.

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 computed as follows:

ACTUAL WEIGHT IN POUNDS FREE TIME IN MINUTES
Less than 5000 30
5000 or more 60

5. SPECIAL CONDITIONS:

a. Free Time shall be one-half (1/2) that amount normally applicable for the weight, but not to exceed 30 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 un palletized 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 503Item_503 (DETENTION—PREARRANGED SCHEDULING OF VEHICLE ARRIVAL FOR LOADING OR UNLOADING), 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

Detention(DET) charges accumulate at $61.67 per half hour.

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).