DETENTION--VEHICLES WITHOUT POWER UNITS – ITEM 501
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 in ITEM 500 and/or ITEM 500-1 (DETENTION--VEHICLES WITH POWER UNITS), 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 trailer load 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 (FMC).
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):
Will be performed by Consignor, or other party designated by them.
Bill of Lading must show “Shipper Load and Count.”
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):
Will be performed by Consignee, or other party designated by them.
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.
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 employee 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 (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 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.
SECTION 6--CHARGES
1. GENERAL DETENTION CHARGES:
After the expiration of free time prescribed herein, use charges will be assessed as follows:
|
PERIOD OF USE BEYOND FREE TIME |
CHARGE PER VEHICLE |
|
For the 1st, 2nd and 3rd 24 hours or fraction thereof (See NOTE A) |
$30.00 |
|
For the 4th, 5th and 6th 24 hours or fraction thereof (See NOTE A) |
$40.00 |
|
For the 7th and each succeeding 24 hours or fraction thereof (See NOTE B) |
$75.00 |
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 - $58.00.
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 as specified in ITEM 500 (DETENTION--VEHICLES WITH POWER UNITS) will commence from the time of arrival.
NOTE A--Excluding Sundays or Holidays.
NOTE B--Including Sundays or Holidays.