BARBER TRUCKING, INC
Docket No. MC-219684 (Sub O-C)
Department of Transportation Number 387544
COMMON CARRIER RULES TARIFF COVERING THE TRANSPORTATION OF COMMODITIES (Described Herein)
FROM AND TO POINTS
(Named Herein)
Issued: January 1, 2003
Effective: January 2, 2003
Amended: December 1, 2006
ISSUED BY:
Joseph D. Barber, Secretary
BARBER TRUCKING, INC
3661 Route 28 North
Brookville, PA 15825
814-328-5333
SCOPE OF OPERATIONS
The rates, rules, and regulations named in this tariff, or as amended, apply to shipments in intrastate, interstate, and foreign commerce.
RULES AND REGULATIONS
DISTANCES, METHOD OF DETERMINING
Distances shall be calculated by the use of the PC Miler, version 20.0, issued by ALK Associates, Inc., and the updates thereof.
IMPRACTICABLE OPERATIONS
Nothing in tariff or tariffs making reference hereto shall be construed as requiring carrier to transport property or furnish services for which it does not have suitable or sufficient equipment, nor to accept shipments when equipment is not available. Pickup or delivery service will not be performed at any site from or to which such performance is impracticable or unsafe through no fault of the carrier, because of the conditions of roads, streets, driveways, or alleys, inadequate loading or unloading facilities, civil commotions, military actions, or other conditions beyond the control of the carrier.
DELIVERY TO JOBSITES
No receipt of delivery need to be secured by carrier where delivery is made to a jobsite and there is no authorized person at the jobsite available to execute a receipt. In such case, delivery can be made without a receipt.
DETENTION OF EQUIPMENT
If Barber Trucking, Inc. equipment is held at the shipper or the consignee for more than 2 hours after an appointment time or after the equipment has arrived on a first come first serve basis, the customer will be charged at the hourly rate of $60.00 per hour.
EXTENSION OF CREDIT TO SHIPPERS
Freight charges must be paid to carrier within twenty (20) days, the time to be calculated in accordance with Title 49 C.F.R. Part 377. If payment is made within this authorized credit period, there shall be no service charges or collection charges assessed to the party responsible for the freight charges. If payment is made after the expiration of this authorized credit period, a service charge at the rate of one and one-half (1-1/2%) percent per month shall be assessed to the party responsible for the freight charges until payment is made. The purpose of this service charge is to prevent a party who does not pay on time from having free use of funds due to the carrier. Assessment of this service charge does not sanction payment delays and failure to pay within the authorized credit period will, despite the provision for such charges, continue to require the carrier, before again extending credit, to determine in good faith whether the party responsible for the freight charges will comply with the credit regulations in Title 49 C.F.R. Part 377 in the future. In addition, carrier will assess the party responsible for the freight charges collection expenses in the amount of forty (40) percent of the outstanding freight charges, or $500.00, whichever is greater, if carrier required to undertake a collection action to recover the overdue freight charges. The party responsible for the freight charges must pay the freight charges within the authorized credit period in order to avoid these collection expenses.
PAYMENT OF FREIGHT CHARGES
Upon request and for the shippers' convenience, carrier will invoice for freight charges another party designated by the shipper. Carrier reserves the right to bill and collect freight charges from the shipper or the consignee in the event full payment of freight charges is not received pursuant to such billing instruction.
ELECTRONIC DEPOSIT OF FUNDS
Carrier at its discretion may choose to electronically deposit funds.
RECEIPTS AND BILLS OF LADING
Carrier will issue a receipt or bill of lading pursuant to Title 49 C.F.R. §373.101 and will issue a freight or expense bill pursuant to 49 C.F.R. §373.103.
CLAIM PROCEDURE
49 U.S.C. § 14706 and Part 1005 of Title 49, Code of Federal Regulations, and the cases, regulations and administrative rulings interpreting those provisions are applicable and controlling with regard to claims for loss or damage to cargo. All claims for recovery by the shipper, or its receivers, must be filed with the carrier within nine (9) months of the date of delivery or tender of delivery of each shipment and suit must be filed within two (2) years after the declination of claim.
UNDERCHARGE AND OVERCHARGE OF CLAIMS
Any action or proceeding by carrier to recover undercharges alleged to be due from shipper and any action or proceeding by shipper to recover overcharges alleged to be due from carrier shall be commenced within eighteen (18) months after claim accrues. The initiation of any such action or proceeding by carrier is conditioned on carrier having issued a freight bill for charges in addition to those originally billed within 180 days of the issuance of the original freight bill. The initiation of any such action or proceeding by shipper is conditioned on shipper having contested the freight bill within 180 days of its issuance.
AUTHORITY OF DRIVERS
Carrier's drivers only have authority to accept a tender of freight and to execute a uniform bill of lading. Carrier's drivers do not have authority to agree on any terms different from those set forth in the uniform bill of lading.
VEHICLE FURNISHED BUT NOT USED
When carrier upon receipt of a request to pick up a shipment of furnished a vehicle has dispatched a vehicle for such purpose and, due to no fault on the part of the carrier, the shipment is not tendered or the vehicle is not used, the party ordering the service will be charged $150.00 plus $1.50 per mile from the point to which the vehicle was dispatched but not used to the next location where the vehicle can be loaded or the nearest available terminal of the carrier, whichever is closer.
OVERNIGHT LAYOVER
When carrier has dispatched a vehicle to a location at the direction of a shipper but cannot make a pickup or delivery on the date indicated by shipper because of the fault of shipper, including because of its failure to make appropriate loading and unloading arrangements, the shipper will be charged an overnight layover charge of $135.00 per day until the vehicle is loaded to cover the driver's meals, lodging, and expenses, and, in addition will be charged the detention charges set forth in the rate confirmation sheet of the carrier.
NOTE:
The above sections, Vehicle Furnished But Not Used and Overnight Layover, do not apply to specialized equipment.
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