MOTOR FREIGHT RULES CIRCULAR
Naming
RULES AND REGULATIONS AND CHANGES
Applying on
TRUCKLOAD LINE HAUL
FREIGHT ALL KINDS
BETWEEN ALL POINTS
IN THE UNITED STATES
FOR GOVERNING PUBLICATIONS, SEE ITEM 100
THIS RULES CIRCULAR APPLIES ON INTERSTATE COMMERCE
ISSUED: March 1. 2004 EFFECTIVE: March 1. 2004
The provisions herein will not result in an effect on the quality of the human environment.
CHECK SHEET
Pages of this rules circular shown below are effective as of the date shown thereon. (* - indicates revised pages included with this filing). This check sheet will be reviewed as pages to this rules circular are revised or added.
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TABLE OF CONTENTS
SECTION 1 GOVERNING PUBLICATIONS AND DEFINITIONS 5
Item 100 BILLS OF LADING 5
Item 110 MILEAGE GUIDE 5
Item 120 RATES AND SCHEDULES 5
Item 130 NOTICE AND AMENDMENTS 5
Item 140 CANCELING ORIGINAL AND REVISED PAGES, EXCEPT THE
TITLE PAGE 5
Item 150 OTHER GOVERNING PUBLICATIONS 6
Item 160 DEFINITIONS 6
Item 170 ABBREVIATIONS AND REFERENCES MARKS 6
SECTION 2 SCOPE OF OPERATIONS 7
Item 200 TERRITORIAL SCOPE 7
Item 205 COMMODITY LIMITATIONS 7
Item 210 HAZARDOUS MATERIALS PROVISIONS 7
Item 215 INTERMODAL SHIPMENTS 7
Item 220 MEXICAN SHIPMENTS 7
Item 225 REGULATED VERUS EXEMPT 7
Item 230 INTERSTATE VERUS INTRASTATE 7
Item 235 SHIPMENT LIMITATIONS 7
Item 240 IMPRACTICAL OPERATIONS 8
Item 245 APPOINTMENTS/PICKUP AND DELIVERY TIMES 8
Item 250 IMPORT AND EXPORT FREIGHT 8
Item 255 PICKUP AND DELIVERY 8
Item 260 SHIPPER LOAD AND COUNT 9
Item 265 FREE TIME 9
Item 270 SUBSTITUTED SERVICE 9
SECTION 3 ACCESSORIAL CHARGES 10
Item 300 APPLICATION OF ACCESSORIAL CHARGES 10
Item 305 DETENTION - VEHICLES WITH POWER UNITS 10
Item 310 DETENTION - VEHICLES WITHOUT POWER UNITS 11
Item 315 LOADING AND UNLOADING 11
Item 320 PALLET EXCHANGE 11
Item 325 EQUIPMENT ORDERED BUT NOT USED 11
Item 330 COLLECT ON DELIVERY 12
Item 335 ADDITIONAL LICENSE, PERMIT FEES, AND INBOND PERMITS 12
Item 340 RECONSIGNMENT OR DIVERSION 12
Item 345 STOP-OFFS 13
Item 350 EXPEDITED SERVICE/EXCLUSIVE USE 13
Item 355 PROOF OF DELIVERY CHARGE 14
TABLE OF CONTENTS (Continued)
Page
SECTION 4 CLAIMS LIABILITY AND LIMITATIONS 16
Item 400 LIMITATION OF CARRIER LIABILITY 16
Item 405 PACKING OR PACKAGING - SHORTAGE 16
Item 410 SPECIAL AND CONSEQUENTIAL DAMAGES 16
Item 415 RELEASED EVALUATION/SIMPLIFIED PRICING 16
Item 420 ALTERNATIVE RATES AVAILABLE 16
Item 425 INADVERTENCE CLAUSE 16
Item 430 SPOTTED EQUIPMENT 17
SECTION 5 CLAIMS PROCESSING AND SALVAGE 18
Item 500 CARGO CLAIMS APPLICATION 18
Item 510 FILING OF CLAIMS 18
Item 520 ACKNOWLEDGMENT OF CLAIMS 18
Item 530 INVESTIGATION OF CLAIMS 19
Item 540 DISPOSITION OF CARGO CLAIMS 19
Item 550 CLAIMS LOSS AND DAMAGE - SALVAGE 19
Item 560 DISPOSITION OF OVERAGE 20
SECTION 6 COLLECTION AND PAYMENT OF FREIGHT CHARGES 21
Item 610 INVOICES 21
Item 620 COLLECTION AND PAYMENT OF CHARGES 21
Item 630 PAYMENT WITHOUT OFFSET 21
Item 640 INTEREST AND FEES ON PAST DUE ACCOUNTS 21
Item 650 THIRD PARTY BILLING 21
Item 660 PRIORITY OF FREIGHT CHARGES OBLIGATION 22
Item 670 LIEN FOR FREIGHT CHARGES 22
SECTION 1 - GOVERNING PUBLICATIONS AND DEFINITIONS
Item 100 - Bills of Lading
Shipments transported by Carrier shall be subject to each and every term of the Uniform Straight Bill of Lading (USBOL) published by the National Motor Freight Classification and as may be set forth herein with particularity.
The terms and conditions of die USBOL shall apply notwithstanding the use by Shipper of any other bill of lading or shipping document. Drivers are not authorized to bind Carrier to non-conforming bills of lading and execute bills of lading with alternative terms and conditions as receipts for the shipment only.
Item 110 - Mileage Guide
Where rates are set forth in cents per mile or other calculation based on mileage, distances shall be determined from origin to destination via intermediate points as specified by the Shipper utilizing the most current edition of the following mileage guide:
P.C. Miler
Item 120 - Rates and Schedules
The rules published herein are applicable to all shipments transported by Carrier's unless expressly waived in a signed bilateral contract pursuant to 49 U.S.C. 14101(b). Rates and schedules may be published in rate catalogues, on a shipper specific basis or pursuant to a spot market rate quotation.
Item 130 - Notice and Amendments
Upon written request, Carrier will provide its customers and shippers with copies of all applicable rules circulars and rates. Rules circulars and accessorial charges may be available on Carrier's web site at
www.ValueTruck.net
Item 140 - Canceling Original And Revised Pages, Except the Title Page
When this rules circular is formally amended by revised pages, the cancellation of prior pages will be effected by means of this item. A revised page will not show a cancellation notice. Revisions of each page will be filed in numerical sequence. Except where a specific cancellation is shown on a new revised page, a revised page cancels any and all uncancelled revised or original pages, or uncancelled portions thereof, which bear die same page number (see EXCEPTION). For example: "1st Revised Page 10" for a particular shipper will have the effect of canceling Original Page 10, “45th Revised Page 12" will have the effect of canceling 4th Revised Page 12.
Item 150 - Other Governing Publications
None.
Item 160 - Definitions
(A) A shipment is a tender of freight received from one consignor, at one time, at one place, destined to one consignee at one location, and covered by one bill of lading.
(B) Carrier shall be named on the bill of lading as the origin carrier of all shipments.
(C) Unless arranged or agreed upon in writing prior to shipment, carrier is not bound to transport a shipment by a particular schedule or in time for a particular market, but is responsible to transport a shipment with reasonable dispatch, as that term is defined at common law. Carrier shall not be responsible for special or consequential damages resulting from the delayed delivery.
(D) Spot rate shall mean a rate agreed upon by only shipper and carrier as applicable to a single shipment or, if in writing, a limited number of shipments representing a continuous number of shipments arranged at a single time with a single offer and a single acceptance.
Item 170 - Abbreviations and Reference Marks
Explanation of abbreviations and reference marks:
@ = Addition
® = Increase
▼ = Reduction
▲ = Change in wording which result in neither increase or reduction
(D) = For any mileage not shown, use next greater mileage
VMW = Volume minimum weight
FS = Full Service - Loading and unloading included in rate
N/A = Not applicable
FHWA Federal Highway Administration
STB Surface Transportation Board
LB Pound or pounds
LTL Less-than-truckload
M Thousand
MF Motor freight
NOS Not otherwise specified herein
TL Truckload
USBOL Uniform Straight Bill of Lading
SECTION 2 - SCOPE OF OPERATIONS
Item 200 - Territorial Scope
Carrier is authorized by the Federal Motor Carrier Safety Administration (FMCSA) in Docket No. MC-364675 to transport:
General Commodities and Goods.
Item 205 - Commodity Limitations
Carrier does not hold out to transport jewelry, objects d'art, currency, documents, items of usual value or rare metals. Unless otherwise indicated herein or agreed to by contract, Carrier does not hold out to provide temperature controlled service.
Item 210 - Hazardous Materials Provisions
Carrier does not transport hazardous commodities.
Item 215 - Intermodal Shipments
Carrier does not participate in the Uniform Intermodal Interchange Agreement (UIIA).
Item 220 - Mexican Shipments
Carrier does not accept liability for loss or damage to shipments under transport in the Republic of Mexico. Carrier participates in international shipments originating or destined to Mexico on a combination of rates basis notwithstanding any arrangements for through trailer movements. Shippers are advised that liability for cargo loss in the Republic of Mexico differs from U.S. law (49 U.S.C. 14706) and the special arrangements with the Mexican carrier participating in any transborder movements is not the Carrier's responsibility.
Item 225 - Regulated Versus Exempt
The rules set forth in this Circular shall apply to shipments exempt from economic regulation as well as shipments subject to the jurisdiction of the FMCSA. Liability for loss, damage and delay shall be governed by 49 U.S.C. 14706 (the Carmack Amendment).
Item 230 - Interstate Versus Intrastate
The rules set forth in this Circular shall apply to all shipments handled by Carrier regardless of the origin or destination.
Item 235 - Shipment Limitations
Carrier shall not be required to accept for transportation any truckload shipment which exceeds 45,000 pounds or which occupies more than the full visible capacity of the trailer which is provided.
Item 240 - Impractical Operations
Nothing in this rules circular shall require the carrier to perform pick-up or delivery service at any location from or to which it is impracticable, through no fault or neglect of the carrier to operate vehicles because of:
(A) The condition of roads, streets, driveways, or alleys;
(B) Inadequate loading or unloading facilities; or
(C) Riots, Acts of God, the public enemy, the authority of law, strikes or labor unrest the existence of violence, or such possible disturbances as to create reasonable apprehension of danger to person or property.
Item 245 - Appointments/Pickup and Delivery Times
Pick-ups and deliveries shall be made between 7:00 a.m. and 5:00 p.m., local time. Appointments shall be made at no charge. Carrier shall not be liable for late deliveries or unkept appointments unless such late delivery or unkept appointment is beyond carrier's duty of reasonable dispatch. Shpper and/or Consignee shall facilitate prompt unloading in the event of missed appointments.
Item 250 - Import and Export Freight
(1) Limitation of Carrier's liability for Proper Customs Clearance. Carrier assumes no responsibility for insuring or otherwise providing for clearance of merchandise through or inspection by Mexican or Canadian Customs. Carrier does not represent and specifically disclaims any knowledge or expertise in proper customs clearance and inspection matters. Carrier is not responsible for the acts or omission of the Mexican or Canadian Customs Agent or its affiliated Freight Forwarder that may be selected for the puipose of clearing shipper's merchandise tlirough Customs. Carrier will serve merely as a liaison between shipper and the Mexican or Canadian Customs Agent (and the Customs Agents' Freight Forwarder) at shipper's request and only as a convenience to shipper. Carrier or party in possession shall not be liable for loss, damage, deterioration of the freight or delay in delivery due to the duration of the period required by customs clearance or inspection.
(2) Trailer Rental - Mexican Shipments. The charge for trailer rental on shipments destined for Mexico will be $30.00 per day from the time of interchange at the U.S./Mexican border until returned. The calculation of time starts when shipments are tendered to the forwarding agent.
(3) Carrier assumes no cargo loss responsibility for shortage or damage shipments while in the Republic of Mexico. Clear bills of lading showing safe and damage-free delivery between the U.S./Mexican borders at the pickup or delivery points in the U.S. shall be evidence of Carrier's proper discharge of its cargo responsibility.
Item 255 - Pickup and Delivery Service
The rates named herein include pickup or delivery at all points within the limits of the cities, towns, villages and other points from and to which rates apply, but each shipment will include only one pickup and one delivery.
Item 260 - Shipper Load and Count
All shipments shall be loaded by the shipper and unloaded by the consignee. Carrier's drivers are instructed to sign bills of lading as shipper load and count or "SLC". Inadvertent omission of this notation shall not result in a presumption of carrier liability for shortage or damage (in the absence of upset or accident) where the driver was either not present or not allowed to observe the loading and unloading.
Item 265 - Free Time
Carrier shall allow two (2) hours of free time both for loading and unloading for vehicles with power units and drivers. When any portion of free time extends into a Saturday, Sunday or national holiday, the computation of free time shall not resume until 12:01 a.m. on the next day which is neither a Saturday, Sunday or national holiday.
Carrier shall allow twenty-four (24) hours of free time both for loading and unloading of spotted trailers. Such time shall commence from the time the trailer is spotted or from the time the trailer was requested to be spotted, whichever is later, but Saturdays, Sundays or holidays shall not be included in the calculation of free time.
Item 270 - Substituted Service
For its operating convenience, carrier reserves a right to hire other carriers qualified subcontractors to provide all or pail of given movements. Carrier agrees to protect the rates set forth herein when substituted services are provided and warrants that all terms, conditions, duties and obligations owed to shipper by this Circular, bill of lading, and/or contract will be provided.
SECTION 3 - ACCESSORIAL CHARGES
Item 300 - Application of Accessorial Charges
In addition to the line haul or base rate for any shipment and unless otherwise agreed in writing, the following accessorial charges shall apply and shall be reflected on the Carrier's invoice for services rendered.
Item 305 - Detention - Vehicles With Power Units
(A) This item applies on shipments when the carrier's vehicles with driver and power units are delayed or detained beyond the free time provided for herein at time of delivery to the consignee or at time of pick-up at the consignor's place of business when such delay is not the fault of the carrier.
(B) Charges for detention will be charged to the consignee in the case of unloading and to the shipper in the case loading.
(C) When computing time, the beginning time shall be the time the driver notifies the shipper or consignee of driver's arrival and that the trailer is available for loading or unloading, as the case may be, but in no case shall time commence prior to the time of any appointment or the actual time of loading or unloading, whichever is first.
(D) When computing detention charges, all non-working time shall be excluded. Non-working time includes lunch breaks, coffee breaks and rest breaks.
(E) If, at the end of the business day, unloading has not been completed and cannot be completed that day, the shipper or consignee shall be given the following options:
(1) Carrier may return to carrier's terminal with what freight has not been unloaded, but carrier shall return the following day with the balance of the freight at the commencement of shipper's or consignee's work day; or
(2) Carrier will spot trailer at shipper or consignee location and return the following day, and further, trailer will be subject to charges for detention without power pursuant to Item 310 beginning immediately upon spotting of the trailer; and,
(3) In either case, any unused free time from the first day will continue into the second day, charges to commence when all free time has expired.
Item 305 - Detention - Vehicles With Power Units (continued)
(F) If a vehicle is both unloaded and reloaded, each transaction will be considered separately and free time shall apply to each separately.
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