ITEM 500 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
  1. This item applies only when vehicles are delayed or delayed or detained at the premises of pickup or delivery and only when such delay or detention is not attributable to the carrier.
  2. Free time for each vehicle will be as provided in Section 4. After the expiration of free time, charges will be assessed as provided in Section 5.
  3. 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. (NOTE A)
  4. 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.
  5. 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. DEFINITIONS
  1. "VEHICLE" means straight trucks or tractor-trailer combinations used for the transportation of property.
  2. "LOADING" includes furnishing carrier with the Bill of Lading, forwarding directions, or other documents necessary for forwarding the shipment.
  3. "UNLOADING" includes:
    1. Surrender of the Bill of Lading to the carrier on shipments billed "To Order",
    2. Payment of lawful charges to the carrier when required prior to delivery of the shipment,
    3. Notification to the carrier that vehicle is unloaded,
    4. Signing of the delivery receipt.
  4. "PREMISES" means the entire property at or near the physical facilities or consignor, consignee, or other designated party.
  5. "SITE" means a specific location at or on the premises of consignor, consignee, or other designated party.
  6. "NORMAL NONWORKING PERIODS" means meal, coffee, and rest breaks.
  7. "PALLET" means pallets, platforms, shipping racks, or skids with or without standing sides or ends, but without tops.
  8. "UNITIZED" means combining of more than one package into a larger package that weighs 500 pounds or more per piece.
    9. SECTION 3. COMPUTATION OF TIME
    1. COMMENCEMENT AND TERMINATION:
      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 refused to enter the time, then 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, carrier's employee will enter the time and it will be binding.
      3. PREARRANGED SCHEDULING
        1. Upon reasonable request of consignor, consignee, or other party designated by them, the carrier will, without additional charge, enter into a prearranged schedule for the arrival of trailers 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; or in the event such agreement cannot be reached, to compute detention time against consignor, consignee, or other party designated by them, from carrier's actual arrival time, 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.
        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.
        4. 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.
            1. To request that the vehicle without power remain at its premises subject to the provision of Section 4 (d); or
            2. 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 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.

            SECTION 4. FREE TIME
            1. Free Time Shall Be Computed as Follows:
              2. ACTUAL WEIGHT IN POUNDS
              PER VEHICLE STOP
              FREE TIME IN MINUTES
              PERVEHICLE STOP
              Less than 2,00040
              2,000 but less than 6,00060
              6,000 but less than 12,00090
              12,000 but less than 18,000120
              18,000 but less than 24,000160
              24,000 plus180
            2. When at least 90 percent of the shipment weight (exclusive of pallet weight) is loaded on pallets or unitized, or when shipment, is loaded on flat-bed or other open-top equipment, free time shall be one-half that amount normally applicable for the weight, not to exceed 120 minutes, except that, when open-top equipment is used in lieu of closed equipment to transport shipments or un-palletized general commodities, free time will be as provided in Section 4 (a).
            3. When more than one shipment is loaded on or unloaded from one vehicle at the premises of the consignor, consignee, or other designated party, the combined weight will be used to determine free time.
            4. 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:
              1. 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.
              2. 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.
              3. 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 complete, free time for loading shall not begin until free time for unloading has elapsed.
              4. 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.

              SECTION 5. CHARGES

              When a vehicle subject to this rule is delayed for loading or unloading beyond the free time provided for herein, a charge of $24.34 will be assessed for each 30 minutes or fraction thereof that the vehicle is delayed.

              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.