Rule 100 Intermodal Safe Container Act

 

 

Publication Date: 04/01/1999

Effective Date: 05/01/1999

Through Date:

Expiration Date:

Amendment Code: I

Special Use Number:

Request #: 

This Rule is applicable to shipments viz U.S. Ports from/to U.S. Points, on or after April 9, 1997, which shipments are received by Carrier for transportation on or after the effective date of this Rule.

 

1.    Whenever a loaded container of 29,000 lbs. gross cargo weight or more is tendered to the Carrier or an inland carrier acting on behalf of the Carrier, where the shipment will move at some point by motor carrier within the U.S., the Shipper shall, either before tendering the shipment or at the time the shipment is tendered provide to the Carrier or inland carrier, either directly or through any prior inland Carriers, a certification (hereinafter the "Intermodal Certification") of the contents of the container in writing or electronically. The Intermodal Certification shall be in the English language and shall contain all of the following information:

    a.    It shall be conspicuously marked "INTERMODAL CERTIFICATION";

    b.    It shall show the actual gross cargo weight (including unit of measurement, packing materials, pallets, and

    dunnage);

    c.    It shall include a reasonable description of the contents of the container or trailer;

    d.    It shall identify clearly the certifying party;

    e.    It shall show the container or trailer number ;

    f.     It shall show the date of the certification.

 

Notes regarding Intermodal Certification:

 

2.    Perishable agricultural commodities shall be specifically identified in the description of the goods to be 

transported.

 

3.    After December 31, 2000, the term FAK can only be used in the cargo description if no single commodity makes up more than 20 percent of the total weight of the cargo although FAK will still be used for rating purposes after December 31, 2000.

 

4.    The signature of the person tendering the loaded container may be provided by manual or mechanical means.

 

5.    At the option of the Carrier, the Intermodal Certification may be converted into electronic format or incorporated onto a bill of lading or other shipping document before being forwarded along the intermodal chain. the person who converts the Intermodal Certification shall certify through the following statement that the conversion and/or incorporation was performed accurately: "Electronic format and/or incorporation by [insert name of person], [insert name of carrier], on [insert month/ date/year] ".

 

6.    If a shipment is required by paragraph 1 above to be accompanied by an Intermodal Certification, Carrier will not load aboard its vessel any container that is not accompanied By such Intermodal Certification.  Carrier shall not issue in its own name an Intermodal Certification with respect to any such container.

 

7.    If for any reason a container exceeding 29,000 lbs. Has been loaded aboard the Carrier's vessel without an Intermodal Certification, or if the gross weight of the cargo exceeds what is stated in the Intermodal Certification, such container shall be discharged and delivered to the Consignee at a U.S. port and Carrier shall not transport or arrange to transport such container to any U.S. inland destination. Alternatively, the Carrier at its option and at the expense and responsibility of the Shipper, Consignee, and Cargo Owner, may take the following steps:

    

    a.    Cargo will be removed from the container in order to reduce the weight  to an allowable amount and make

    the container ready for lawful road transportation. To the extent necessary, cargo shall be unstuffed, segregated,

    restuffed, etc. at the expense of the Shipper, Consignee, and Cargo Owner;

    b.    The cargo so removed will be forwarded to Consignee as a separate freight collect shipment from the point

    of removal to point of final destination; 

    c. The rates to be applied for the transportation of any such cargo will be those of the U.S. inland carrier that is

    engaged to transport the cargo.  Excess cargo shall be assessed a charge of U.S. $150.00 in addition to all

    ocean and inland freight and other costs and expenses incurred by Carrier in accordance with this Rule.

 

8.    Any cost or expenses associated with delays or other consequences of an uncertified or improperly certified container (including but not limited to demurrage, detention, storage, handling, inland transportation or unloading of containers, or fines or penalties that may be imposed as result of uncertified or improper certification) shall be for the joint and several account of the Shipper, Consignee, and Cargo  Owner.

 

9.     Shipper, Consignee, and Cargo Owner shall be jointly, severally and absolutely liable for any fine, penalty or other sanction imposed upon Carrier, its agent or any participating motor carrier by any authority for Exceeding lawful over-the-road weight limitations in connection with any transportation service provided under this Tariff and

occasioned by any act of commission or omission of the Shipper/Consignee/Cargo Owner, its agents or contractors, and without regard to intent, negligence or any other cause. When Carrier pays any such fine or penalty and assumes any other cost or burden arising from such an event, it shall be on behalf of and for the benefit of the cargo interest, and Carrier shall be entitled to full reimbursement therefore upon presentation of an appropriate invoice. Nothing in this Rule shall require that Carrier resist, dispute or otherwise oppose the levy of such a fine, penalty or other sanction,  and Carrier shall not have any liability to the cargo Interest should it not do so.

 

10.    Carrier shall have a lien on the cargo for all such cost and expenses incurred by Carrier or assessed the Shipper/Consignee/ Cargo Owner pursuant to this Rule.