ITEM 501 Detention - Vehicles without Power Units - Spotting or Dropping Trailers

This item applies when Carrier'ss vehicles without 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 A - General Provisions

  1. Subject to the availability of equipment, Carrier will spot empty or loaded trailers for loading or unloading on the premises of consignor, consignee, or on other premises designated by the consignor or consignee, or as close thereto, as conditions will permit.

  2. Loading or unloading will be performed by consignor, consignee, or other party designated by them. When Carrier's employee assists in loading, unloading, or checking the freight, the detention provisions governing vehicles with power units will apply. In the case of spotting for loading the Bill of Lading must show "Shipper Load and Count."

  3. Carrier responsibility for safeguarding shipments loaded into trailers spotted under the provisions of this item shall begin when loading has been completed and possession thereof is taken by the Carrier.

  4. Carrier responsibility for safeguarding shipments unloaded from trailers spotted under the provisions of this item shall cease when the trailer is spotted at or on the site designated by consignee.

  5. 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.

  6. The detention charges due the carrier will be assessed against the consignor in the case of spotting for loading and against the consignee in the case of spotting for unloading irrespective of whether charges are prepaid or collect.

  7. Nothing in this item shall require Carrier to pickup or deliver spotted trailers at hours other than Carrier's normal business hours. This shall not be construed as a restriction on Carrier's ability to pick up or deliver spotted trailers at hours other than its normal business hours.

  8. The party on whose premises a trailer is spotted is liable for damage to the trailer that occurs while trailer is spotted.


Section B - Definitions

The following general definitions will apply when the below terms are used in this item.

  1. "VEHICLE" means tractor-trailer combinations used for the transportation of property where:

    1. "TRAILER" means mobile units with or without wheels, used to transport property.

    2. "TRACTOR" means a mechanically powered unit used to propel or draw a trailer or trailers upon the highways.


  2. "LOADING" includes:

    1. Furnishing of the Bill of Lading, forwarding directions, or other documents necessary for forwarding the shipment to the Carrier.

    2. Notification to the Carrier that the vehicle is loaded and ready for forwarding.


  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 and ready for forwarding.

    4. Signing of delivery receipt.


  4. "PREMISES" means the entire property at or near the physical facilities of 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. "SPOTTING" means the placing of a trailer at a specific site designated by consignor, consignee, or other party designated by them, detaching the trailer, and leaving the trailer in full possession of consignor, consignee, or other designated party unattended by Carriers employee and unaccompanied by power unit. Carrier will not move the trailer until such time as it has received notification pursuant to Section 3, that the trailer is ready for pickup at any site on premises. Consignor, consignee, or other designated party may shift the spotted trailer with its own power units at its own expense and risk for the purpose of loading or unloading. Empty trailers placed at the premises of consignor without specific request are not spotted until the carrier receives a consignors request and places a trailer for spotting. Movement of the trailer from the consignors premises to the specific site for spotting shall be the obligation of the Carrier, and free time shall accrue as provided in Section 3.

  7. For the purpose of this item, the terms "SPOTTING" and "DROPPING" are considered to be synonymous and are used interchangeably.


Section C - Computation of Free Time

  1. Commencement of spotting and free time:

    1. Spotted trailers will be allowed 24 consecutive hours of free time for loading or unloading. For trailers spotted for unloading, such time shall commence at the time of placement of the trailer at the site designated by consignee, or other party designated by consignee. For trailers spotted for loading, such time shall commence when the trailer is spotted at the site specifically designated by the consignor.

    2. When any portion of the 24-hour free time extends into a Saturday, Sunday or holiday (national state, or municipal), the computation of free time for such portion shall resume at 12:01 AM on the next day which is neither a Saturday, Sunday, nor holiday.

    3. Free time shall not begin on a Saturday, Sunday, nor holiday (national state, or municipal), but at 8:00 AM on the next day which is neither a Saturday, Sunday, nor holiday.

    4. When a trailer is both unloaded and reloaded each transaction will be treated independently of the other, except that when unloading is completed, free time for loading shall not begin until free time for unloading has elapsed.


  2. Termination Of Spotting And Notification:


    1. Consignor, consignee or other party designated by them shall notify Carrier when loading or unloading has been completed and the trailer is available for pickup. The trailer will be deemed to be spotted and detention charges will accrue until such time the carrier received notification. Notification by telephone if convenient and practical, otherwise by mail, shall be given by consignor, consignee, or other party designated by them at their own expense, to Carrier or other party designated by Carrier for the purpose of advising such Carrier or other party that the spotted trailer has been loaded or unloaded and is ready for pickup. If notification is by telephone, Carrier may require written confirmation.

    2. When a spotted trailer is changed to a vehicle with power at the request of consignor, consignee, or other party designated by the, 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 spotted trailer, free time will cease immediately at the time the request is made, and detention charges for vehicles with 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 spotted trailer, free time and detention charges will be computed on the basis of a spotted trailer up to the time the change was requested. In addition, thereto, the vehicle will immediately be charged detention for a vehicle with power with no further time allowed.


  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 spotting.

    2. If Carrier's vehicle arrives later than the scheduled time, time shall begin to run from actual time spotting commences.

    3. If Carrier's vehicle arrives prior to scheduled time, time shall begin to run from the scheduled time or actual time spotting commences, whichever is earlier.


Section D - Charges

  1. GENERAL DETENTION CHARGES: After the expiration of free time as provided in Section 3(a), charges for detaining a trailer will be assessed as follows:

    2. For each 24-hour period or fraction thereof (Saturdays, Sundays, and holidays included) $48.80

  2. DELAY IN TRAILER PICKUP CHARGE: No additional charge will be made for picking up trailers spotted under this item when such pickup can be performed within 30-minutes after arrival of driver and power unit at premises of consignor, consignee, or other party designated by them. When a delay of more than 30 minutes is encountered, detention charges for vehicles with power will commence from the time of arrival as specified in Item 500.

  3. DELAY CHARGE: In the event performance by consignor, consignee, or other party designated by them is affected by any cause beyond the reasonable control of such party, including without limitation, fire, labor strife, riot, war, weather conditions, acts of the public enemy, acts of God, acts of terrorism, local or national disruptions to transportation networks or operations, material equipment repairs, fuel shortages, governmental regulations, or governmental request or requisition for national defense, and provided that the applicable cause is not attributable to the acts or omissions of such party, and such party is taking reasonable measures to remove or mitigate the effects of the applicable cause, makes it impossible for consignor, consignee, or other party designated by them to make available for movement by carrier any partially loaded, or empty trailers detained on their premises, a detention charge of $48.80 per day or fraction thereof, per trailer, will be made following expiration of free time. Saturdays, Sundays, and holidays shall be included after the 4th day of charges.