ITEM 470 Control and Exclusive Use of Vehicle or Doubles Trailer

THIS ITEM IS AN EXCEPTION TO NMFC Item 595

Section A - Control of Vehicle or Doubles Trailer

Except as provided in Section B of this Item, no shipment is entitled to the exclusive use of the vehicle or doubles trailer in which it is to be transported, and the Carrier has control of the vehicle or doubles trailer with the restricted right to:
  1. Select the vehicle or doubles trailer for the transportation of a shipment.

  2. Transfer the shipment to another vehicle or doubles trailer.

  3. Load other freight on the same vehicle or doubles trailer.

  4. Remove locks or seals applied to the vehicle or doubles trailer.

Section B - Exclusive Use of Vehicle or Doubles Trailer

When the exclusive use of vehicle or doubles trailer is provided by the Carrier at the request of consignor or consignee, the following provisions will apply:
  1. Charges will apply to each vehicle or doubles trailer used to transport the shipment.

  2. The request must be given to Carrier at the time the shipment is booked.

  3. The request must be confirmed in writing or placed on the bill of lading and shipping order.

  4. When bill of lading and/or shipping instructions prohibit the breaking of locks or seals or the co-loading of additional freight, such instructions will be considered as a written request for exclusive use service.

  5. The vehicle or doubles trailer will be devoted exclusively to the transportation of the shipment, without the breaking of locks or seals, except as provided in paragraph 6.

  6. In the event a lock or seal has been removed from a vehicle or doubles trailer, the carrier will immediately re-lock or re-seal the vehicle or doubles trailer and will note the accompanying papers with the new lock or seal number and the reason for removal of the original lock or seal. No freight will be added to the vehicle or doubles trailer except at the instruction of the consignor or consignee.

  7. Except as provided in paragraph 10, charges will be computed at the Class 50, 40,000 pound rate for 29 in length or greater vehicles & Class 50, 20,000 pound rate for 28 in length or smaller vehicles.

  8. Charges are to be paid or guaranteed by the party requesting the services and the non-recourse stipulation on the bill of lading may not be executed. (This paragraph is not applicable on shipments moving on government bills of lading.)

  9. When the request for exclusive use of vehicle or doubles trailer is made by the consignor or consignee after shipments has been receipeted for and is in possession of the carrier, the Carrier will, if possible, intercept the shipment and convert it to exclusive use of vehicle or doubles trailer service over as much of the route as possible. The party making the request must confirm in writing and must guarantee charges. Such written verification will be preserved by the Carrier and be considered as part of the bill of lading contract. Charges will be assessed as provided in paragraph 7 between the point of origin and point of destination.

  10. Shipments which, because of their weight, dimensions or dangerous character, require procurement of special permits for transportation over streets or highways will be transported subject to the provisions of Over-Dimension Freight, subject to a minimum charge as provided for each vehicle or doubles trailer utilized.

  11. Stopoff for partial loading or partial unloading will not be permitted on shipments transported under provisions of this section.

  12. Carriers are not obligated to provide exclusive use service under the provisions of this item where the operation of doubles trailer, in tandem, drawn by a single power unit, is prohibited by law.


Section C - Definitions

  1. The term VEHICLE as used in this item means any vehicle or combination of vehicles handled as one unit of not less than 35 feet in length, propelled or drawn by a single power unit and used on the highways in the transportation of property. When the vehicle consists of a power unit and two or more trailers or containers, the combined length of the trailers or containers must not exceed 60 feet measured along the center longitudinal line of each trailer or container floor.

  2. The term DOUBLES TRAILER as used in this item means a trailer 29 feet or less in length.

Section D - Special Expedited Services

When exclusive use, expedited services, or other special service is required as set forth in this item, the following provisions will apply.

  1. When required, shipments will be picked up and transportation commenced at hours requested by consignor or consignee.

  2. Shipments will be expedited in an attempt to meet such delivery schedules as may be requested by consignor or consignee.

  3. When a shipment is tendered under this section, the request must be given at the time the shipment is booked and must be confirmed in writing, attached and referred to, or inserted in the Bill of Lading and Shipping Order.

  4. When expedited service under this item is requested after shipment has been received, the request must be confirmed in writing.