COMMONWEALTH OF VIRGINIA Department of the State Corporation Commission Rules and Regulations Relating to Storage, Demurrage and Car Service in Virginia. Prepared and Prescribed by the State Corporation Commission As Amended January 29, 1908 In effect on and after the 15th day of March, 1908 PREAMBLE. Legal and Saturday half-holidays excluded. All storage, demurrage and car service charges, and all car detention charges, shall be as prescribed in these rules. Nothing in these rules shall apply to shipments of live stock and perishable freight, which shipments shall be governed by the statutes now in force, with such additional requirements as may be ordered by the commission from time to time. In all computation of time under these rules, Sundays and legal holidays are to be excluded; also, except where otherwise provided in the rules, the Saturday half-holiday of twelve hours, beginning at 12:00 o'clock noon. Each rule to apply separately. In computing time under these rules, each rule must be treated as separate and distinct, and the charges and penalties should be arrived at accordingly. For example: Although a shipment may have been carried in less than the maximum time allowed by Rule II., such circumstance will not warrant a carrier in applying the difference between such time and the said maximum time as a deduction from the time provided for in the operation of any other rule. RULE I. Ordering cars by shippers, and furnishing cars by railroads. When a shipper makes verbal or written application to a railroad company through the agent in charge at point of shipment for a car or cars, to be loaded with any kind of freight embraced in the tariffs of said company, stating in said application the station or siding at which such car or cars are to be placed, the character of the freight and its final destination, the railroad company shall furnish same within four days from seven o'clock A. M., the day following such application. Or when the shipper making such application specifies a future day on which he desires to make a shipment, giving not less than four days' notice thereof computing from seven o'clock A. M. the day following such application, the railroad company shall furnish such car or cars on the day specified in the application. Record of orders for cars. Railroad agents shall keep and preserve a daily record of such applications for cars, showing them in consecutive order and the dates on which received; which record shall always be open to public inspection during business hours. Penalty for delay in furnishing cars ordered; claims for failure to furnish cars promptly. For failure to comply with this rule, the company so offending shall forfeit and pay either to the shipper, or his assignee in writing having a substantial interest, the sum of $1.00 per car per day or fraction of a day, for delay after expiration of free time, upon demand in writing made within thirty days from the time the car is furnished provided it be furnished within thirty days from the expiration of free time. If not so furnished within thirty days from the expiration of the free time, the claimant may file such demand in writing within sixty days from the expiration of the free time, and having so done, shall be entitled to recover of the carrier one dollar per car for each and every day such default may continue, counting from the expiration of the free time. Grain doors to be supplied when necessary. When for the safe transportation of carload shipments of grain, feed or similar property in bulk grain doors are necessary, railroad companies shall furnish such doors of sufficient quantity and strength for that purpose, or in lieu thereof, shall allow to shipper for furnishing suitable lumber and applying same to side door openings, not exceeding six in number for each car, at the rate of not less than forty cents each. When impossible to procure at the shipping point suitable material for grain doors, the railroad companies shall, upon receipt of reasonable evidence from shipper of that fact, arrange to supply sufficient suitable lumber, or grain doors, to meet the shipping requirements of such shipper so circumstanced, and the shipper shall account for and be responsible to the railroad companies for proper use thereof. This refers to side doors only, and any delay in loading occasioned by failure to comply promptly shall be added to the free time for loading. Exception to Rule I. This rule shall not apply to shipments of coal and coke from mines and ovens, ore and fluxing limestones; nor to delays arising from causes not within the power of the carrier to prevent, but delays arising from such causes shall be added to and counted as additional free time. No failure of the carrier to provide the rolling stock reasonably necessary for the discharge of its public duties shall be construed to be a cause of delay not within the power of the carrier to prevent. RULE II. Time for transporting freight; penalties for failure to transport within time provided. (a) When freight, in proper condition, either in carloads or less, is tendered to a railroad company for a point on its own road, or for a point beyond its road to which it forms part of a through route, and correct shipping instructions given, the railroad agent must immediately receive the same for shipment and issue bills of lading therefor. When so received, shipments must be carried forward over each road which handles them at the rate of not less than fifty (50) miles per day of twenty-four hours, computing from seven o'clock A. M. the day following receipt of shipment at point of origin; but, where the length of haul over any railroad is less than fifty miles, the allowance of time for movement over such railroad shall not be less than twenty-four hours. For failure to receive and transport such shipment, within the time prescribed, the railroad company or companies so offending shall forfeit and pay to the consignee, or his assignee in writing having a substantial interest, for time during which delay continues, the sum of $1.00 per car per day, or fraction thereof, on all carload freight, and one cent per hundred pounds per day, or fraction thereof, on freight in less than carloads, with minimum charge of five (5) cents for any one package, upon demand in writing by such claimant. In computing the time of freight in transit, there shall be allowed twenty-four hours at each junction point where transfer from one railroad to another is involved (said time to be equally divided between the roads affected); and twenty-four hours from the rehandling of freight at any other point from one car to another, where necessary. The Saturday half-holiday shall not be deducted under this rule. When additional free time allowed for transporting. The period during which the movement of freight is suspended on account of accident, or for necessary repairs at junction points where transfer from one railroad to another is involved, or any cause not within the power of the railroad company to prevent shall be added to the free time allowed in this rule, and counted as additional free time. Filing Claims under Rule II. (b) Claims for delays in shipments moving over more than one line shall be first filed within the terminal line, and, if that line denies responsibility for the delay or any part thereof, it shall report promptly to the claimant all the particulars of the movement over its own line; and, if it appears from such report that the delay or part thereof occurred on some other line or lines, the claimant may file separate claim or claims against such other line or lines apparently responsible for the delay, and may recover from the line or lines found to be responsible the amount or amounts due under these rules, or any of them. |