1、86 49 CFR Ch. X (10110 Edition) Pt. 1090 Parts 10901099Intermodal Transportation PART 1090PRACTICES OF CAR-RIERS INVOLVED IN THE INTER-MODAL MOVEMENT OF CON-TAINERIZED FREIGHT Sec. 1090.1 Definition of TOFC/COFC service. 1090.2 Exemption of rail and highway TOFC/ COFC service. 1090.3 Use of TOFC/COF
2、C service by motor and water carriers. AUTHORITY: 49 U.S.C. 721. 1090.1 Definition of TOFC/COFC service. (a) Rail trailer-on-flatcar/container- on-flatcar (TOFC/COFC) service means the transportation by rail, in inter-state or foreign commerce, of (1) Any freight-laden highway truck, trailer, or sem
3、itrailer, (2) The freight-laden container por-tion of any highway truck, trailer, or semitrailer having a demountable chassis, (3) Any freight-laden multimodal ve-hicle designed to operate both as a highway truck, trailer, or semitrailer and as a rail car, (4) Any freight-laden intermodal con-tainer
4、 comparable in dimensions to a highway truck, trailer, or semitrailer and designed to be transported by more than one mode of transportation, or (5) Any of the foregoing types of equipment when empty and being transported incidental to its previous or subsequent use in TOFC/COFC serv-ice. (b) Highwa
5、y TOFC/COFC service means the highway transportation, in interstate or foreign commerce, of any of the types of equipment listed in paragraph (a) of this section as part of a continuous intermodal movement that includes rail TOFC/COFC service, and during which the trailer or con-tainer is not unload
6、ed. 52 FR 23660, June 24, 1987 1090.2 Exemption of rail and high-way TOFC/COFC service. Except as provided in 49 U.S.C. 10505 (e) and (g), 109229(1), and 10530, rail TOFC/COFC service and highway TOFC/COFC service provided by a rail carrier either itself or jointly with a motor carrier as part of a
7、continuous intermodal freight movement is ex-empt from the requirements of 49 U.S.C. subtitle IV, regardless of the type, affiliation, or ownership of the carrier performing the highway portion of the service. Motor carrier TOFC/ COFC pickup and delivery services ar-ranged independently with the shi
8、pper or receiver (or its representative/agent) and performed immediately before or after a TOFC/COFC movement provided by a rail carrier are similarly exempt. Tariffs heretofore applicable to any transportation service exempted by this section shall no longer apply to such service. The exemption doe
9、s not apply to a motor carrier service in which a rail carrier participates only as the motor carriers agent (Plan I TOFC/COFC), nor does the exemption operate to relieve any carrier of any obligation it would otherwise have, ab-sent the exemption, with respect to providing contractual terms for lia
10、bil-ity and claims. 54 FR 51746, Dec. 18, 1989 1090.3 Use of TOFC/COFC service by motor and water carriers. (a) Except as otherwise prohibited by these rules, motor and water common and contract carriers may use rail TOFC/COFC service in the performance of all or any portion of their authorized serv
11、ice. (b) Motor and water common carriers may use rail TOFC/COFC service only if their tariff publications give notice that such service may be used at their option, but that the right is reserved to the user of their services to direct that in any particular instance TOFC/COFC service not be used. (
12、c) Motor and water contract carriers may use rail TOFC/COFC service only if their transportation contracts and tariffs (for water carriers) make appro-priate provisions therefor. (d) Tariffs of motor and water com-mon or water contract carriers pro-viding for the use of rail TOFC/COFC service shall
13、set forth the points be-tween which TOFC/COFC service may be used. 52 FR 27811, July 24, 1987 VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00096 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
