DOT 49 CFR PART 377-2010 PAYMENT OF TRANSPORTATION CHARGES.pdf

1、137 Federal Motor Carrier Safety Administration, DOT 377.103 possession of the equipment, the car-rier shall remove all identification showing it as the operating carrier. (2) Unless a copy of the interchange agreement is carried on the equipment, the authorized common carrier shall carry a statemen

2、t with each vehicle during interchange service certifying that it is operating the equipment. The statement shall also identify the equip-ment by company or State registration number and shall show the specific point of interchange, the date and time it assumes responsibility for the equip-ment, and

3、 the use to be made of the equipment. This statement shall be signed by the parties to the inter-change agreement or their authorized representatives. The requirements of this paragraph shall not apply where the equipment to be operated in inter-change service consists only of trailers or semitraile

4、rs. (3) Authorized carriers under com-mon ownership and control may inter-change equipment with each other without complying with the require-ments of paragraph (d)(1) of this sec-tion pertaining to removal of identi-fication from equipment. (e) Connecting carriers considered as ownerAn authorized c

5、arrier receiving equipment in connection with a through movement shall be considered to the owner of the equipment for the purpose of leasing the equipment to other authorized carriers in further-ance of the movement to destination or the return of the equipment after the movement is completed. 44 F

6、R 4681, Jan. 23, 1979. Redesignated at 61 FR 54707, Oct. 21, 1996, as amended at 62 FR 15424, Apr. 1, 1997; 63 FR 40838, July 31, 1998 Subpart EPrivate Carriers and Shippers 376.42 Lease of equipment by regu-lated carriers. Authorized carriers may lease equip-ment and drivers from private carriers,

7、for periods of less than 30 days, in the manner set forth in 376.22. 49 FR 9570, Mar. 14, 1984, as amended at 51 FR 37034, Oct. 17, 1986; 62 FR 15424, Apr. 1, 1997 PART 377PAYMENT OF TRANSPORTATION CHARGES Subpart AHandling of C.O.D. Shipments Sec. 377.101 Applicability. 377.103 Tariff requirements.

8、 377.105 Collection and remittance. Subpart BExtension of Credit to Shippers by Motor Common Carriers, Water Common Carriers, and Household Goods Freight Forwarders 377.201 Scope. 377.203 Extension of credit to shippers. 377.205 Presentation of freight bills. 377.207 Effect of mailing freight bills

9、or pay-ments. 377.209 Additional charges. 377.211 Computation of time. 377.213377.215 Reserved 377.217 Interline settlement of revenues. AUTHORITY: 49 U.S.C. 13101, 13301, 13701, 13702, 13706, 13707, and 14101; and 49 CFR 1.73. EDITORIAL NOTE: Nomenclature changes to part 377 appear at 66 FR 49871,

10、Oct. 1, 2001. Subpart AHandling of C.O.D. Shipments SOURCE: 32 FR 20050, Dec. 20, 1967, unless otherwise noted. Redesignated at 61 FR 54708, Oct. 21, 1996. 377.101 Applicability. The rules and regulations in this part apply to the transportation by motor vehicle of c.o.d. shipments by all com-mon ca

11、rriers of property subject to 49 U.S.C. 13702, except such transpor-tation which is auxiliary to or supple-mental of transportation by railroad and performed on railroad bills of lad-ing, and except such transportation which is performed for freight for-warders and on freight forwarder bills of ladi

12、ng. 32 FR 20050, Dec. 20, 1967. Redesignated at 61 FR 54708, Oct. 21, 1996, as amended at 62 FR 15424, Apr. 1, 1997 377.103 Tariff requirements. No common carrier of property sub-ject to the provisions of 49 U.S.C. 13702, except as otherwise provided in 377.101, shall render any c.o.d. service unles

13、s such carrier has published, post-ed and filed tariffs which contain the VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00147 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license

14、from IHS-,-,-138 49 CFR Ch. III (10110 Edition) 377.105 rates, charges and rules governing such service, which rules shall conform to the regulations in this part. 32 FR 20050, Dec. 20, 1967. Redesignated at 61 FR 54708, Oct. 21, 1996, as amended at 62 FR 15424, Apr. 1, 1997 377.105 Collection and r

15、emittance. Every common carrier of property subject to 49 U.S.C. 13702, except as otherwise provided in 377.101, which chooses to provide c.o.d. service may publish and maintain, or cause to be published and maintained for its ac-count, a tariff or tariffs which set forth nondiscriminatory rules gov

16、erning c.o.d. service and the collection and re-mittance of c.o.d. funds. Alternatively, any carrier that provides c.o.d. service, but does not wish to publish and main-tain, or cause to be published and maintained, its own nondiscriminatory tariff, may adopt a rule requiring re-mittance of each c.o

17、.d. collection di-rectly to the consignor or other person designated by the consignor as payee within fifteen (15) days after delivery of the c.o.d. shipment to the consignee. 52 FR 45966, Dec. 3, 1987, as amended at 62 FR 15424, Apr. 1, 1997 Subpart BExtension of Credit to Shippers by Motor Common

18、Carriers, Water Common Car-riers, and Household Goods Freight Forwarders SOURCE: 50 FR 2290, Jan. 16, 1985, unless otherwise noted. Redesignated at 61 FR 54709, Oct. 21, 1996. 377.201 Scope. (a) General. These regulations apply to the extension of credit in the trans-portation of property under Fede

19、ral Motor Carrier Safety Administration regulation by motor carriers and household goods freight forwarders, ex-cept as otherwise provided. (b) Exceptions. These regulations do not apply to (1) Contract carriage operations. (2) Transportation for (i) The United States or any depart-ment, bureau, or

20、agency thereof, (ii) Any State, or political subdivi-sion thereof, (iii) The District of Columbia. (3) Property transportation inci-dental to passenger operations. 50 FR 2290, Jan. 16, 1985, as amended at 51 FR 44297, Dec. 9, 1986; 62 FR 15424, Apr. 1, 1997 377.203 Extension of credit to ship-pers.

21、(a) Authorization to extend credit. (1) A carrier that meets the requirements in paragraph (a)(2) of this section may (i) Relinquish possession of freight in advance of the payment of the tariff charges, and (ii) Extend credit in the amount of such charges to those who undertake to pay them (such pe

22、rsons are called shippers in this part). (2) For such authorization, the car-rier shall take reasonable actions to assure payment of the tariff charges within the credit periods specified (i) In this part, or (ii) In tariff provisions published pur-suant to the regulations in paragraph (d) of this s

23、ection. (b) When the credit period begins. The credit period shall begin on the day fol-lowing presentation of the freight bill. (c) Length of credit period. Unless a different credit period has been estab-lished by tariff publication pursuant to paragraph (d) of this section, the credit period is 1

24、5 days. It includes Saturdays, Sundays, and legal holidays. (d) Carriers may establish different credit periods in tariff rules. Carriers may publish tariff rules establishing credit periods different from those in paragraph (c) of this section. Such credit periods shall not be longer than 30 calend

25、ar days. (e) Service charges. (1) Service charges shall not apply when credit is extended and payments are made within the standard credit period. The term stand-ard credit period, as used in the pre-ceding sentence, means (i) The credit period prescribed in paragraph (c) of this section, or (ii) A

26、substitute credit period pub-lished in a tariff rule pursuant to the authorization in paragraph (d) of this section. (2) Carriers may, by tariff rule, ex-tend credit for an additional time pe-riod, subject if they wish to a service charge for that additional time. The VerDate Mar2010 08:20 Dec 16, 2

27、010 Jkt 220216 PO 00000 Frm 00148 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-139 Federal Motor Carrier Safety Administration, DOT 377.203 combined length of the carriers

28、 stand-ard credit period (as defined in para-graph (e)(1) of this section) and its ad-ditional credit period shall not exceed the 30-day maximum credit period pre-scribed in paragraph (d) of this section. When such a tariff rule is in effect, shippers may elect to postpone pay-ment until the end of

29、the extended credit period if, in consideration there-for, they include any published service charges when making their payment. (3) Carriers may, by tariff rule, estab-lish service charges for payments made after the expiration of an authorized credit period. Such a rule shall (i) Institute such ch

30、arges on the day following the last day of an authorized credit period, and (ii) Notify shippers (A) That its only purpose is to pre-vent a shipper who does not pay on time from having free use of funds due to the carrier, (B) That it does not sanction pay-ment delays, and (C) That failure to pay wi

31、thin the au-thorized credit period will, despite this provision for such charges, continue to require the carrier, before again ex-tending credit, to determine in good faith whether the shipper will comply with the credit regulations in the fu-ture. (4) Tariff rules that establish charges pursuant t

32、o paragraph (e) (2) or (3) of this section may establish minimum charges. (f) Discounts. Carriers may, by tariff rule, authorize discounts for early freight bill payments when credit is ex-tended. (g)(1) Collection expense charges. Car-riers may, by tariff rule, assess reason-able and certain liquid

33、ated damages for all costs incurred in the collection of overdue freight charges. Carriers may use one of two methods in their tariffs: (i) The first method is to assess liq-uidated damages as a separate addi-tional charge to the unpaid freight bill. In doing so, the tariff rule shall dis-close the

34、exact amount of the charges by stating either a dollar or specified percentage amount (or a combination of both) of the unpaid freight bill. The tariff shall further specify the time pe-riod (which shall at least allow for the authorized credit period) within which the shipper must pay to avoid such

35、 liq-uidated damages. (ii) The second method is to require payment of the full, nondiscounted rate instead of the discounted rate oth-erwise applicable. The difference be-tween the discount and the full rate constitutes a carriers liquidated dam-ages for its collection effort. Under this method the

36、tariff shall identify the dis-count rates that are subject to the con-dition precedent and which require the shipper to make payment by a date certain. The date certain may not be set to occur by the carrier until at least after the expiration of the car-riers authorized credit period. (2) The damag

37、es, the timing of their applicability, and the conditions, if any, as provided by the tariff-rule methods allowed under paragraphs (g)(1) (i) and (ii) of this section also: (i) Shall be clearly described in the tariff rule; (ii) Shall be applied without unlawful prejudice and/or unjust discriminatio

38、n between similarly situated shippers and/or consignees; (iii) Shall be applied only to the non-payment of original, separate and inde-pendent freight bills and shall not apply to aggregate balance-due claims sought for collection on past shipments by a bankruptcy trustee, or any other person or age

39、nt; (iv) Shall not apply to instances of clear clerical or ministerial error such as non-receipt of a carriers freight bill, or shippers payment check lost in the mail, or carrier mailing of the freight bill to the wrong address; (v) Shall not apply in any way to a charge for a transportation servic

40、e if the carriers bill of lading independ-ently provides that the shipper is liable for fees incurred by the carrier in the collection of freight charges on that same transportation service; (vi) shall be applied only after the authorized credit period, and when the carrier has issued a revised frei

41、ght bill or notice of imposition of collection ex-pense charges for late payment within 90 days after expiration of the author-ized credit period. (3) As an alternative to the tariff-rule methods allowed under paragraphs (g)(1) (i) and (ii) of this section, a car-rier may, wholly outside of its tari

42、ff, VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00149 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-140 49 CFR Ch. III (10110 Edition) 377.205 assess collect

43、ion charges though con-tract terms in a bill of lading. By using the carrier and its bill of lading, the shipper accepts the bill of lading terms. (h) Discrimination prohibited. Tariff rules published pursuant to paragraphs (d), (e), and (f) of this section shall not result in unreasonable discrimin

44、ation among shippers. 50 FR 2290, Jan 16, 1985, as amended at 53 FR 6991, Mar. 4, 1988; 54 FR 30748, July 24, 1989 377.205 Presentation of freight bills. (a) To be prepaid shipments. (1) On to be prepaid shipments, the carrier shall present its freight bill for all transportation charges within the

45、time period prescribed in paragraph (a)(2) of this section, except (i) As noted in paragraph (d) of this section, or (ii) As otherwise excepted in this part. (2) The time period for a carrier to present its freight bill for all transpor-tation charges shall be 7 days, meas-ured from the date the car

46、rier received the shipment. This time period does not include Saturdays, Sundays, or legal holidays. (b) Collect shipments. (1) On col-lect shipments, the carrier shall present its freight bill for all transpor-tation charges within the time period prescribed in paragraph (b)(2) and of this section,

47、 except (i) As noted in paragraph (d) of this section, or (ii) As otherwise excepted in this part. (2) The time period for a carrier to present its freight bill for all transpor-tation charges shall be 7 days, meas-ured from the date the shipment was delivered at its destination. This time period do

48、es not include Saturdays, Sundays, or legal holidays. (c) Bills or accompanying written no-tices shall state penalties for late pay-ment, credit time limits and service charge and/or collection expense charge and dis-count terms. When credit is extended, freight bills or a separate written no-tice a

49、ccompanying a freight bill or a group of freight bills presented at one time shall state that failure timely to pay freight charges may be subject to tariff penalties (or a statement of similar import). The bills or other no-tice shall also state the time by which payment must be made and any appli-cable service charge and/or collection expense charge and discount terms. (d) When the carrier lacks sufficient in-form