DETENTION--VEHICLES WITH POWER UNITS--LTL OR AQ – ITEM 500-1

 

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:

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 500Item_500 (DETENTION--VEHICLE WITH POWER UNITS).

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; or

4.  Vehicle(s) containing TL or VOL shipments stopped in transit for completion of loading or partial unloading.

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.

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 910Item_910 (STORAGE). If the freight is later tendered for delivery, the charges in ITEM 830Item_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 910Item_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 830Item_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 shall not 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.

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:

 

ACTUAL WEIGHT IN POUNDS

FREE TIME IN MINUTES

Less than  2,500

30

2,500,  but less than  5,000

60

5,000,  but less than  7,500

90

7,500,  but less than 10,500

120

10,500,  but less than 20,000

180

20,000, or more

240

 

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 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 thirty minutes, or fraction thereof, beyond free time will be:

$70.92.

2. Where there is more than one payor, charges will be prorated on the basis of the weight of each individual shipment.