TARIFF ICC LDPI 1000 by forrests

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									TARIFF ICC LDPI 1000 RULES AND OTHER PROVISIONS WHICH GOVERN THE TARIFF ITEM 100 GOVERNING PUBLICATIONS This tariff is governed, except as otherwise provided herein by the following described tariffs and by the supplements thereto or successive reissues thereof KIND OF TARIFF ISSUING AGENT AND TARIFF SERIES ICC SERIES Mileage Guide .................... HGB 100 HGB 100 ITEM 110 DEFINITION OF A SHIPMENT The rates and charges named herein apply only when a quantity of freight is tendered for transportation by one shipper, at one point (or from places within a single plant), in one day, on one shipping order, for delivery to one consignee at one destination. ITEM 300 ADVANCEMENT OF CHARGES Except as may otherwise be specifically provided herein, no charges of any description will be advanced to shippers, owners, consignees, their warehouse men or agent. ITEM 360 BILL OF LADING Upon receipt of commodities from shipper, the broker will issue receipt or bill of lading for each description of commodity, the number of pounds of commodity received. ITEM 410 CLAIMS Claims for Loss and Damage and Overcharge, Duplicate Payments of Over Collections, will be processed in compliance with the rules set forth in Title 49 CFT 1005 and 1008. ITEM 430 COLLECT ON DELIVERY (C.O.D.) SHIPMENTS (a) Collect on delivery (C.O.D.) shipments will be accepted by the Broker when such directions are marked upon the bill of lading or shipping order covering the shipment and the amount to be collected is clearly indicated. (b) Only cash, certified check, money order, or bank cashier‟s check will be accepted in payment of C.O.D. amounts, and the charge for collecting and remitting the amounts of bills for C.O.D.shipments will be collected from the consignee, except that such charge may be prepaid by the Shipper, providing not action to that effect is made by the Shipper on the bill of lading or shipping order. (c) The Broker will return collect on delivery(C.O.D.) remittance to the Consignor within seven (7) days after collection of the amounts from the consignee. (d) A charge of $ 10.00 will be made for the collection on C.O.D. shipments. ITEM 500 DETENTION OF VEHICLES (a) Loading or unloading time will run from the time broker‟s vehicle arrives at site of loading or unloading until such time as all necessary shipping and receiving documents have been executed and the vehicle is released for departure. (b) Two hours free time will be allowed for loading at origin. (c) Two hours free time will be allowed for unloading at destination. (d) Time consumed in excess of free time for loading or unloading, will be charged for at the rate of $ 25.00 per onehalf hour, or fraction thereof, and such charge will be in addition to all other applicable charges. (e) If free time has been exceeded, the driver upon leaving the site of loading or unloading, will leave with the shipper or consignee a written or printed memorandum showing the date, time of arrival, time of departure, cause of delay, bill of lading, freight bill or order number, or any other information identifying the shipment. The driver will sign such memorandum and will request the representative of the shipper or consignee to do likewise. A copy thereof, as proof of delay, will accompany all bills for vehicle detention rendered by the broker. (f) The charge contained in paragraph (d) of this item will apply during any one (1) day (24 hours ) period, including Saturdays, Sundays, and Holidays. (See NOTE A ) NOTE A--The term “Holidays” shall include the following : New Year‟s Day Labor Day

December 24th Independence Day Christmas Day

Thanksgiving Day

-------------------------TARIFF ICC LDPI 1000 RULES AND OTHER PROVISIONS WHICH GOVERN THE TARIFF ITEM 505 DETOURS OR RESTRICTED ROUTES When due to an act of God, public enemy, riots or insurrections, highways are impassable and / or when bridges, ferries, tunnels or roads are closed by Federal, State, City or County or the Government Authorities for rebuilding, repair or for other reasons requiring the broker to detour, the broker will, upon request of the shipper, transport shipments at the mileage rates in this tariff, applicable over the shortest practicable highway route over which the vehicle can be moved from origin to destination. When Federal, State, County, Municipal or other regulations prohibit the transportation of shipments via any highway, bridge, ferry or tunnel over the shortest practicable route, the broker, will, upon request of the shipper, transport shipments at the mileage rates in this tariff, applicable over the shortest practicable highway route over which the vehicle can be moved. ITEM 510 DETERMINATION OF MILEAGE (See NOTES A and B) When determining rates, distances will be determined in accordance with the provisions of Tariff ICC HGB 100 series (Mileage Guide), supplements thereto and reissues thereof. NOTE A--When at the request of a shipper, a longer route than the shortest available regularly traveled highway route is used, the mileage published in governing mileage guide via route of movement shall be used. NOTE B--Where rates are not shown for the actual distance, the rates given for the next greater distance will apply. ITEM 515 DIVERSION OR RECONSIGNMENT - STOPPING FOR (See NOTES A and B) When, upon instructions of shipper or consignee, a shipment moving under the terms of this tariff, is diverted or reconsigned at original destination, or at a point intermediate to original destination, such diversion or reconsignment will be effected at a charge of $50.00 and mileages will be computed from origin to destination via point of diversion or reconsignment, in arriving at the applicable rate published herein. Requests for diversion or reconsignment must be confirmed in writing. Conditional or qualified requests for diversion or reconsignment will not be accepted. Brokers do not obligate themselves to divert or reconsign shipments at points short of original destination, but when requested a reasonable effort will be made. NOTE A--Diversion, as used herein, means any change made prior to tender for delivery to the consignee at the delivery address shown on the bill of lading as originally issued, in destination, consignee or delivery address which causes a shipment to be delivered to a consignee, destination, or delivery address which is different from that as shown on the bill of lading as originally issued. NOTE B--Reconsignment, as used herein, means any change made after arrival at destination as shown on the bill of lading as originally issued, which causes a shipment to be delivered to a destination, consignee or delivery address which is different from that as shown on the bill of lading as originally issued. ITEM 520 EQUIPMENT ORDERED BUT NOT USED (a) When broker is requested to furnish equipment at a designated point and such equipment is furnished but not used (through no fault of broker) or if, after arrival of broker‟s equipment at the place of loading designated by the shipper, shipper fails to tender a shipment for transportation, or informs the broker that shipment will not be tendered, a charge of 125 cents per mile, minimum charge of $100.00 will be made for movement of each unit of equipment ordered. Distance will be computed as provided from point designated by shipper as the place of loading and return to broker‟s nearest terminal. (b) Charges for waiting time or detention of broker‟s equipment, as provided in Item 500, shall be applicable in connection with equipment ordered but not used as contemplated in the item. (c) If, after expiration of 2 hours from time of arrival of broker‟s equipment, shipper has not tendered a shipment for transportation or furnished broker with specific information respecting tender of shipment, broker‟s equipment shall be considered released by shipper and shall be returned to nearest terminal, as provided in Paragraph (a) of this item. ITEM 565 FRACTIONS - DISPOSITION OF Except as otherwise specifically provided in applying the provisions of this tariff, the following will govern the disposition of fractions:

Fractions of less than 1/2 or .5 of a cent, omit: Fractions of 1/2 or .5 of a cent or greater, increase to the next whole figure. ... ------------------------------TARIFF ICC LDPI 1000 RULES AND OTHER PROVISIONS WHICH GOVERN THE TARIFF ITEM 570 IMPRACTICABLE OPERATION Pickup or delivery service will not be performed by the broker at any site from or to which it is impracticable to operate vehicles because of: 1. The conditions of roads, streets, driveways, alleys or approaches thereto. 2. Inadequate loading or unloading facilities. 3. Riots, acts of God, the public enemy, the authority of law, the existence of violence, or such possible disturbances as tending to create reasonable apprehension of danger to persons or property. 4. Ferries. ITEM 578 LOADING AND UNLOADING Rates published in this tariff, or as amended, do not include loading or unloading of the shipment. Shipper must perform such loading and consignee such unloading. All freight so loaded by the shipper must be properly packed and braced by the shipper to protect against damage during the course of normal transportation. Loading and / or unloading shall be provided by broker, upon specific written request of shipper and / or consignee. A charge shall be assessed by broker for such service in the amount of $50.00 per hour, which amount shall be in addition to all other applicable charges named herein. ITEM 610 MINIMUM CHARGES AND OTHER RESTRICTIONS All shipments subject to this item will reflect the following: NOTE A: Subject to minimum charge of $350.00 per vehicle used. ITEM 630 MINIMUM WEIGHTS (See NOTES A and B) The minimum weights as shown herein, or as amended, shall be the applicable minimum weights, except that when federal, state, municipal, or county laws, ordinances, or regulations limit the gross weight of vehicles which prevents the loading of the said minimum weights, then, the weight that can be so loaded shall be considered the minimum weight on which rates are to be applied. NOTE A--If shipments exceeding weight limits of federal, state, municipal, or county laws, ordinances, or regulations can be transported by special permission of such authorities, the customer responsible for paying freight charges must secure such permits without any cost to the broker. NOTE B--Subject to the provisions of Item 994. ITEM 647 NOTIFICATION PRIOR TO DELIVERY The broker will, upon specific written request of shipper, notify the consignee in advance of anticipated arrival time for tender of shipment for delivery. A charge of $5.00 shall be assessed on all shipments requiring prior notification of delivery, and these charges shall be in addition to all other applicable charges. ITEM 650 OPERATING RIGHTS The charges, rules and regulations named in this tariff, or as amended, are limited in their application to common carriage by motor vehicle in interstate or foreign commerce to the extent of operating rights set forth below: IRREGULAR ROUTES: (Docket No. MC-254263) To engage in operations in Interstate or Foreign Commerce as a Freight Forwarder in arranging for the transportation by Motor Vehicle, of General Commodities (except Household Goods) between points in the U.S. (except Alaska and Hawaii). ITEM 670 OVER DIMENSION FREIGHT Shipments where the actual cargo exceeds 8 feet in height or width or 40 feet in length will only be accepted, if it meets the following conditions: 1. Such shipments shall be governed by the laws of the various city, parish, state and other governmental agencies where they must travel. 2. Shipments over 8 feet in height, as are accepted for transportation shall be subject to 150% of the applicable mileage rate. -----------------------------TARIFF ICC LDPI 1000 RULES AND OTHER PROVISIONS WHICH GOVERN THE TARIFF ITEM 670 - CONTINUED

OVER DIMENSION FREIGHT 3. Shipments over 8 feet in width, as are accepted for transportation shall be assessed as follows: WIDTH Over Not More Than % of Applicable Mileage Rate (feet) (feet) ------------------------------------------------------------------------------------------8 9 120 % 9 10 130 % 10 11 140 % 11 12 150 % Over 12 ... 160 % 4. Shipments over 50 feet in length, as are accepted for transportation shall be assessed as follows: LENGTH Over Not More Than % of Applicable Mileage Rate (feet) (feet) -------------------------------------------------------------------------------------------50 55 125 % 55 60 125 % 60 65 135 % 65 70 150 % 70 75 160 % Over 75 ... 200 % 5. When shipment contains more than one type of over dimension cargo (Over width, overheight, and over length) the shipment will be charged for on the basis of whichever results in the greatest charge. ITEM 720 PAYMENT OF CHARGES Shipper agrees to pay broker within fifteen (15) days from date of delivery. Interest shall compound at the rate of 1 1/2 % per month after thirty days. Should collection become necessary, shipper shall pay all of broker‟s expenses including legal fees. These terms shall be deemed acceptable by shipper unless notified in writing to the contrary within ten days of contract and prior to the movement of freight by broker. ITEM 740 PERMITS, SPECIAL When, due to the size or weight of shipment, a special permit or permits are required by a governmental agency, the actual cost of such permit or permits plus the cost of bonds as may be required, telephone calls, telegrams, labor and conveyance to secure such permit will be charged to the shipper at cost. The charges for securing such permit shall be subject to a minimum charge of $40.00 per shipment. ITEM 741 PERMITS REQUIRED--MILEAGE When, due to peculiar characteristics of the commodity to be transported, a special permit is required by a governmental agency, and said permit designates the route or routes to be used, rates will be based on the distance via the route so designated in the permit. ITEM 750 PICKUP AND DELIVERY SERVICE Rates in this tariff include as to each shipment one (1) pickup and one (1) delivery at all points within the cities, towns, villages and places from, to or between which the rages apply. Broker will pickup and deliver at storage facilities of shippers and consignees when such facilities are accessible to motor vehicles, and when equipped to deliver and to receive the commodities.

----------------------TARIFF ICC LDPI 1000 RULES AND OTHER PROVISIONS WHICH GOVERN THE TARIFF ITEM 760 PILOT VEHICLE OR FLAGMAN When an escort car (s) or flagman (men) is required to accompany vehicles transporting a shipment or portion of a shipment, a charge will be applied based on applicable escort service charges but no less than of 90 cents per mile, subject to a minimum charge of $100.00 per escort car (s) and / or flagman (men), per day shall be assessed in addition to other applicable charges. Such charges will be assessed on the basis of the mileage traveled from point at which escort car (s) and / or flagman (men) is assigned to load, thence to loading point, and thence to final delivery point of unloading. ITEM 817 REASONABLE DISPATCH Broker will make every reasonable effort to transport and deliver freight with reasonable dispatch but under no circumstances will broker guarantee transportation and delivery of the shipment on a specific day or time. ITEM 855 REFUSED, REJECTED OR RETURNED SHIPMENTS If a shipment is refused or rejected in whole or in part for any reason beyond the control of the carrier (See NOTE A) the following provisions will apply: (a) Upon instructions by the shipper, or consignee with shippers permission, the shipment may be returned at that time to the consignor at the point of origin shown on the bill of lading. The charge for the return movement will be based at the applicable rate to the outbound movement (in effect on date of return) on the quantity transported when the return shipment is incidental to the outbound movement, and such charge will be in addition to all other applicable charges. (See NOTE B and C) (c) Upon instructions by the shipper, a shipment may be diverted or reconsigned subject to the provisions of Item No. 515 (See NOTE B) NOTE A--For the purpose of this rule, a shipment shall be deemed “refused” or “rejected” when the consignee cannot be located or delivery cannot be accomplished at the address or delivery site shown in the bill of lading. NOTE B--Charges will be assessed at the rate applicable to the outbound movement (in effect on date of return) for the actual weight returned, subject to minimum weight of 16,000 pounds, when the return shipment requires a special trip. NOTE C--When shipments are completely or partially refused at destination because of damage or unreasonable delay for which the broker is responsible, shipments will be returned to shipper at point of origin and the charges for the outbound movement includes the return to such shipments. ITEM 900 STOPPING IN TRANSIT TO PARTIALLY UNLOAD OR TO COMPLETE LOADING A shipment moving on a rate subject to a minimum weight of not less than 42,000 pounds, tendered on one bill of lading or shipping order from one consignor at one point of origin at one time consignee to one consignee at one destination may be stopped in transit at any point or place for the purpose of partial loading or unloading, subject to the provisions of Paragraphs (a), (b), (c), (d), (e), (f), (g) and (h) below: (a) (1) Stop-offs for partial loading or unloading will only be permitted at points when the mileage via the highway route from origin to destination via the stop-off points does not exceed by more than 10 percent the shortest highway route between origin and final destination. Routes and mileages are to be determined by the use of Tariff ICC HGB 100 series (Mileage Guide), supplements thereto or successive issues thereof. (2) Stop-off will only be permitted at points within the scope of broker‟s operations as set forth in item 650 of this tariff. (b) The bill of lading or shipping order must show the point or points at which the shipment is to be stopped for partial loading or unloading together with a complete description of the kind and quantity of freight to be loaded or unloaded at each point and the name and address of party to whom each portion is to be picked up or delivered. If pick-up or delivery is made to two or more different addresses or locations in the same point (city, town or village) each delivery will be considered a separate stop in the application of the rule. (c) The substitution of other property for that originally loaded or the exchange of contents of the load in any manner is prohibited. (d) (1) One shipments stopped-off for partial loading or unloading, charges shall be determined on the basis of the minimum weight, or actual weight when greater, of the entire shipment and at the rate applicable from the point of origin to the final destination, except that when the rate from original point of origin to any stop-off point or, when the rate from a stop-off point to destination is higher, the rate resulting in the higher charge will be applied. (Not applicable on shipments moving under Distance Commodity Rates.) (2) One shipments moving under Distance Commodity Rates which are stopped-off for partial loading, unloading, the line haul rate will be the applicable distance rate from origin to final destination calculated over the actual route of movement via stop-off points.

--------------------------------TARIFF ICC LDPI 1000 RULES AND OTHER PROVISIONS WHICH GOVERN THE TARIFF ITEM 900- CONTINUED STOPPING IN TRANSIT TO PARTIALLY UNLOAD OR TO COMPLETE LOADING (e) In no case shall more than four stops be permitted in transit for partial loading or unloading. (f) The charge for each stop-off, exclusive of the stop at final destination shall be $50.00 which charge shall be in addition to all other applicable charges. When the applicable rate over the route of movement is combination of rates to and from the stop-off points or points the stop-off charge will not be applied at the point or points over which the combination of rates is made. (g) Stopping in transit for partial unloading will not be permitted on shipments when: Consigned “C.O.D.”, “TO ORDER”, „ORDER NOTIFY”, or to be delivered only on shipper‟s written order, or when accompanied by any instructions from the consignor requiring the surrender or presentation of the bill of lading, a written order, or and other document as a condition precedent to delivery at a stop-off point, or, moving charges collect. (h) Agent at the stop-off point, or if there be no agent at such point, the driver of the vehicle, shall obtain in writing, a statement such as a notation on the freight bill of the quantity, description and weight of the portion of this shipment loaded or unloaded at the stop-off point or points. ITEM 992 WEIGHING AND REWEIGHING When weighing service is provided by the shipper at loading site without charge to the broker, time consumed in weighing the vehicle will be considered as part of the loading time and detention charges will be assessed in accordance with the provisions of Item 500. When broker is requested to weigh or reweigh a shipment en route at a point directly intermediate destination point on the route over which transportation charges are based, a charge of $10.00 will be assessed for weighing service and such charge will be in addition to all other applicable charges. When broker is requested to weigh or reweigh a shipment en route or at destination and it is necessary to deviate from the route over which transportation charges are based, a charge of $10.00 plus the applicable outbound mileage rate, but no less thant 125 cents per mile for each additional mile, or fraction thereof, the broker is required to operate over, will be assessed and such additional charges will be in addition to all other applicable charges. (See Item 510 for determining mileages). ITEM 994 WEIGHTS--BILLING (1) Shipments will be billed at scale weights, except that articles of uniform or standard weight may be billed at average weights, such average weights to be subject to verification by the broker. (See Item 855) (2) Any temporary covering, blocking, flooring or lining, racks, standards, strips, stakes or similar bracing, dunnage or support, not constituting a shipping carrier, container or package, shall be exclude from the billing weight ITEM 5000


								
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