- DETENTION - VEHICLES WITH POWER
UNITS
- (Exception to NMFC Item 500)
- APPLICATION:
- Detention
of vehicles - This item applies to all shipments.
- Detention - vehicles with power units - This item applies when
carrier's vehicles with power units are delayed or detained on the
premises of consignor, consignee, or on other premises
designated by them, or as close thereto as conditions will permit,
subject to the following provisions:
-
- SECTION 1 - General provisions -
(a) This item applies only to vehicles which have
been ordered or used to transport shipments subject to LTL and truckload rates.
(b) This item applies only when vehicles
are delayed or detained at the premises for pickup or delivery
and only when such delay or detention is not attributable
to the carrier.
(c) Free time for each vehicle will be as
provided in Section 3. After the expiration of free time,
charges will be assessed as provided in Section 4.
(d) The detention charges due the carrier
will be assessed against the consignor when freight terms are
prepaid and against the consignee when freight terms are
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.
(e) 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.
(f) 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.
- SECTION 2 - Computation of time -
- (a) Commencement and
terminations:
1. The 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, the carrier's employee will enter the time
and it will be binding upon each party.
2. Time shall end upon completion of loading or
unloading except as provided for in paragraph (c) of this
section. Upon such completion, a responsible representative of
consignor, consignee, or other designated party may enter the
time of completion 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.
- (b) Prearranged scheduling:
1. Upon reasonable request of consignor,
consignee, or others designated by them, carrier will,
without additional charge, enter into a prearranged schedule
for arrival of the vehicle for loading or unloading.
2. When the carrier enters into a prearranged
schedule with consignor, consignee, or others designated by them
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 party designated by
them have the option to agree to a mutually convenient and
prompt alternative arrival time.
3. If carrier's vehicle arrives prior
to scheduled time, time shall begin to run from the scheduled
time or actual time loading or unloading commences, whichever is
earlier.
- (c) Conditions governing the
computation of time:
1. 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.
2. When loading or unloading
is not completed at the end of the normal business hours at the
designated place,consignor, consignee, or other
party designated by them shall have the option:
(i) to request that the vehicle
without power remain at its premises subject to the provisions
in Section 4; or
(ii) to 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.
3. When carrier's employee interrupts
loading or unloading by taking of any normal nonworking 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.
- SECTION 3 - Free time -
- (a) Free time shall be computed
as follows:
- Actual Weight in Pounds per
Vehicle stop Free Time in minutes per vehicle stop
-
| |
Less than 5,000 |
30 |
| |
5,000 but less
than 10,000 |
60 |
| |
10,000 but less
than 20,000 |
90 |
| |
Over 20,000 |
120 |
-
- (b) When a truckload shipment or
one or more less-than-truckload (LTL) or any quantity (AQ)
shipments are loaded on one vehicle at the premises of consignor
or when a truckload shipment or one or more LTL or AQ shipments
are unloaded from one vehicle at the premises of the 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.
- SECTION 4 - Charges -
- When the delay per vehicle beyond
free time is 1 hour or less, the charge will be $60.00. For each
additional 30 minutes or fraction thereof, the charge will be
$40.00.