Sec. 1. - General Provisions
1. This item applies only to vehicles which have been ordered or used to transport shipments:
(a) Subject to LTL or AQ rates subject to a stated minimum weight of less than 20,000 pounds:
(b) Not subject to shipments which are assessed charges based on provisions of Item 390 (Capacity Loads) or Item 470 (Exclusive Use of Vehicles).
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. 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.
5. 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 storage charges. If the freight is later tendered for delivery, the charge for redelivery will apply. In such event, detention charges as provided in Sec. 5. of this item, will immediately become applicable.
6. When, through no fault of the carrier, the loading or unloading of a vehicle with power unit 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 Sec. 4. (2) will apply.
(b) Consignor or consignee may request that the vehicle with power be returned to carrier’s premises. At that time, computation of any remaining free time will cease. That portion of the shipment in the carrier’s possession is subject to 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 is subject to redelivery charges provided in Item 830.
Sec. 2. - 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 the vehicle is unloaded.
d) Signing delivery receipt when delivering carrier’s agent is present at unloading.
Sec. 3. - Computation of Time
1. Except as provided in Paragraphs (2) and (3), computation of time shall begin upon notification by the driver to the responsible representative of the consignor or consignee of the arrival of the vehicle for loading or unloading. Time shall end upon completion of loading or unloading and receipt by the driver of a signed Bill of Lading or receipt for delivery.
2. 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, except:
(a) 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.
(b) When loading or unloading is interrupted for a normal meal period, meal time not to exceed one hour, will be excluded from computation of time.
3. When carrier is permitted to work before or after the normal day, such working time shall also be included.
4. When consignor tenders or consignee receives more than one LTL or AQ shipment at one time, the combined weight will be used to determine free time. The free time will be increased by 5 minutes for each shipment subject to maximum of 60 minutes additional free time.
5. When there is more than one payor, charges will be pro-rated on the basis of the weight of each individual shipment. Where single or multiple LTL or AQ shipments subject to LTL or AQ rates exceed the carrying capacity of one vehicle, free time for each vehicle shall be computed separately.
Sec. 4. - Free Time
1) Free Time shall be as follows:
| ACTUAL WEIGHT IN POUNDS PER VEHICLE STOP | FREE TIME IN HOURS PER VEHICLE STOP | |
|---|---|---|
| FLOOR LOADED | PALLET LOADED | |
| Less than 2,500 | .5 | .5 |
| 2,500 but less than 5,000 | 1.0 | .5 |
| 5,000 but less than 7,500 | 1.5 | .5 |
| 7,500 but less than 10,000 | 2.0 | 1.0 |
| 10,000 but less than 20,000 | 3.0 | 1.0 |
1. 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 charge 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 place on detention for vehicle without power with no further free time allowed.
Sec. 5 - 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 $26.50 subject to a minimum charge of $63.50.
2) The amounts due carrier under the provisions of this item, 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. In the case of import, intercoastal or coastwise shipments, the consignee will be responsible for the charges and in the case of export, intercoastal or coastwise shipments, the consignor will be responsible for the charges.
EFFECTIVE JANUARY 18, 2010