RULES TARIFF

Effective: 05/31/2022

OPERATING AUTHORITY

MC-286926 AND MC-290227

Transportation as a Common Carrier/Contract Carrier of property (including both exempt and non-exempt goods but not including household goods) by motor vehicle in interstate, intrastate, or foreign commerce. This tariff takes effect on May 19, 2022, and replaces and supersedes prior tariffs relating to the above MC numbers as of that date. Any reference made to any prior tariff in any bill of lading or other document executed on or after this effective date shall mean and refer to this tariff.

Carrier reserves the right to provide transportation service through its affiliated brokerage ATS Logistics Services, Inc. (operating under MC-186013) rather than acting as motor carrier.  In the event Carrier chooses to handle the shipment through its affiliated broker, Carrier’s liability and obligations shall be as a broker and not a carrier.  In the event that the broker is listed on the bill of lading as the carrier, this is for convenience only and is not intended to indicate that the broker is the carrier. 

ITEM 5

GOVERNING TARIFFS

This tariff is governed, except as otherwise provided herein, by the following described tariffs and by supplements or loose-leaf page amendments thereto or successive issues thereof.

NOMENCLATURE                                   TARIFF NUMBER SERIES
Hazardous Materials                              ATA 111 Series
Mileage Guide                                         HGB 100 Series

1. As calculated by Rand McNally TDM, Inc. Milemaker using practical routes.
2. Where the shipper or consignee requests transportation of the shipment over a particular route longer than the shortest practical truck route, the mileage over the longer specified route will be used in determining charges.
3. If operation over the shortest practical or specified route is not feasible because of operating hazards, load limitations of the highways or bridges, underpasses or other highway limitations, the mileage computed over the shortest route over which the vehicle transporting the shipment can move will be used in determining the charges.
4. When special permits are required for over-dimension and/or overweight lading, the applicable mileage will be that computed in accordance with permit requirements on routes specified therein.

Carrier’s failure to enforce the terms of this Tariff shall not be a waiver of the Carrier’s rights to do so in the future. This Tariff will apply on all shipments transported by Carrier, whether interstate, intrastate, exempt, or non-exempt.

ITEM 10

FUEL RELATED SURCHARGE

ATS, Inc. MC 286926

The following prescribed cents per loaded mile per vehicle used surcharge shall apply and be added to the otherwise applicable freight charges based on the following scale:

 

#The adjustment shall be an additional $.005 for each $.03 increase in the National Average

The fuel price will be based on the national average using the Department of Energy Fuel Price Index reported each Monday and adjustments will be applied on the day following the index posting.

ATS Specialized, Inc. MC 290227

 

When the DOE Fuel Cost Index exceeds 2.599, the fuel surcharge will be .28 per mile plus .01 cent per mile for each .05 cents, or fraction thereof, that the index exceeds 2.599 per gallon.

The Fuel Cost Index will be based on the weekly National Average Diesel fuel price as determined by the Department of Energy and reported each Monday, with the applicable surcharge effective the next day.

ITEM 15

ADVERTISING ON CARRIER EQUIPMENT

Upon request of any shipper, trailers in the service of the carrier are available for display advertising purposes, subject to the following conditions:

1. Applies only when the shipper orders exclusive use of a vehicle or tenders sufficient freight at one time to fill the vehicle used.
2. The advertising matter must be a removable advertising sign or banner furnished by the shipper, and displayed only while the vehicle is transporting the shipper's goods, and must be securely fastened to the vehicle or lading by the shipper, in such a way that no damage will result to the vehicle.
3. The front of the trailer is specifically excluded.
4. The carrier will assume no responsibility for loss or damage to the advertising signs or banners, nor the return thereof to the shipper.
5. The advertising signs or banners must be so located as not to interfere with lights nor with the marking required by Federal, State, or Municipal Laws, such as registration or license numbers, weights, DOT Certificate numbers, license plates, or other necessary data.

ITEM 20

APPLICATION OF RATES FROM AND TO PLACES WITHIN OR ADJACENT TO CORPORATE LIMITS OR INTEGRAL PARTS OF UNINCORPORATED COMMUNITIES

In the absence of specific rates or bases for rates from or to places or areas within or adjacent to a city, town or village, the following will apply:

1. The municipality itself, hereinafter called the base municipality;
2. All municipalities which are contiguous to the base municipality;
3. All other municipalities and all unincorporated areas which are adjacent to the base municipality as follows:
   • 0-2,499 - 3 miles
   • 2,500-24,999 - 4 miles
   • 25,000-99,999 - 6 miles
   • 100,000-199,999 - 10 miles
   • 200,000-499,999 - 15 miles
   • 500,000-999,999 - 20 miles
   • 1,000,000+ - 25 miles
4. All such populations to be determined according to the latest report of the United States Census Bureau.
5. In applying the provisions of this rule, distances are to be measured by airline miles from the corporate limits of points from and to which rates are provided.

ITEM 25

APPLICATION OF RATES ON REJECTED SHIPMENTS

Shipments transported under the provisions of this tariff, which have been rejected or refused at destination due to circumstances over which carrier has no control, will, upon instructions from shipper or beneficial owner of the freight, be returned to point of origin, subject, to the following:

In addition to the inbound charges, to charges for return haul at the rate applicable to the inbound movement subject to a minimum charge of $1.50 per mile, in addition to any other charges applicable.  Carrier Liability shall be that of a warehousemen for loss or damage.

The bill of lading covering the return movement must show the following notation:

“This is to certify that the shipment described in this bill of lading was part of a shipment previously transported by Carrier, in the opposite direction between the same points.”

ITEM 30

ARBITRARY CLAUSE;
NEW YORK CITY BOROUGHS AND/OR LONG ISLAND, NEW YORK

Shipments destined to points in the New York City Boroughs of Bronx, Brooklyn, Manhattan, Queens, Staten Island, or points on Long Island, New York, @ (zip codes 090-104 and 110-119) are further subject to an arbitrary charge of $290.00 per vehicle required.

ITEM 40

BILLS OF LADING, CONTRACTS, AND AUTHORITY OF COMPANY PERSONNEL

1. The terms and conditions of the Carrier’s Bill of Lading shall apply notwithstanding the use by Shipper of any other bill of lading or shipping document. Drivers are not authorized to bind Carrier to non-conforming bills of lading and execute bills of lading with alternative terms and conditions as receipts for the shipment only.
2. Except as otherwise provided, the name and address of only one shipper and one consignee and only one destination shall appear on a shipping order or bill of lading.
3. When the bill of lading names either an origin or destination of which there are two or more of the same name in the same state, the name of the identifying county must be shown.
4. ONLY Carrier officials or personnel authorized to do so by the Carrier are empowered to enter into agreements or alter existing agreements.  Authorized officials are Carrier personnel with the title of Director or higher.  Terminal managers are not authorized personnel.  Drivers employed or hired by Carrier are among those excluded from the category of authorized carrier personnel.  Where a Bill of Lading issued by the shipper is signed for by the Carrier’s driver or other unauthorized person(s), that signature acknowledges only receipt of the freight and identifies the entity to which to deliver.  It is NOT a contract for the carriage of freight.  Continued use of an unauthorized Bill of Lading by the shipper will NOT constitute an implied acceptance by Carrier.  Carrier drivers are not authorized to accept freight for which Section 7 is executed or to bind the company for other types of nonrecourse language.

ITEM 50

ATS, INC. BILL OF LADING

ITEM 60

ATS SPECIALIZED, INC. BILL OF LADING

ITEM 70

CLAIMS – LOSS AND DAMAGE

1. Liability for claims shall be governed by 49 USC § 14706. Carrier shall not be liable to the owner of property for damage, loss or delay caused by (1) an act of default of the shipper, owner or consignee, or their agents; (2) an Act of God, (3) the public enemy, (4) act of the public authority; (5) inherent vice of the goods (6) freezing or spoiling of any perishable goods or property.  Claims involving intrastate shipments and shipments of exempt commodities shall be subject to this Section.  Liability shall be limited to actual loss to the goods. Transportation costs shall not be considered part of the claim if the claim is for invoice value of the goods.
2. Shippers may obtain rates for shipments with higher released values (limitations of liability) than those indicated in this Section by contacting Carrier’s Pricing Manager by calling 320-255-7400. Any such alternative rate shall be reflected by the insertion of the higher released value and specially assigned identification number on the bill of lading at the time of pick-up.
3. The provisions of this Tariff are established in compliance with Federal Claim, Loss and Damage Regulations (49 C.F.R. § 370 and the STBOL) which shall govern the investigation and disposition of claims for loss, damage, or delay to property transported or accepted for transportation in interstate or foreign commerce.
   1. Carrier shall, upon receipt in writing of a proper claim in the manner and form described in these regulations, acknowledge the receipt of such claim in writing to the claimant within thirty (30) days after the date of its receipt by carrier unless carrier shall have paid or declined such a claim in writing within thirty (30) days of the receipt thereof. Carrier shall indicate in its acknowledgment to the claimant what, if any, additional documentary evidence or other pertinent information may be required by it to further process the claim as its preliminary examination of the claim, as filed, may have revealed.
   2. Carrier shall, at the time each claim is received, create a separate file and assign thereto a specific unique claim file number and note that number on all documents filed in support of the claim and all records and correspondence with respect to the claim, including the written acknowledgment of receipt and, if in its possession, the shipping order and delivery receipt, if any, covering the shipment involved at the time such claim is received, carrier shall cause the date of receipt to be recorded on the face of the claim document, and the date of receipt shall also appear in carrier’s written acknowledgment of receipt to the claimant.
   3. Claims in writing are required within nine (9) months from the date of delivery or from the time when delivery should have been accomplished. A claim for loss, damage, injury or delay to cargo shall not be voluntarily paid by carrier unless filed in writing, as provided in subparagraph (D) of this Item with carrier within the specified time limits applicable thereto and as otherwise may be required by law, the terms of the bills of lading or other contract carriage, and all rules circular provisions applicable thereto.  Claims for concealed damages must be submitted to carrier within fourteen days of delivery.  Any suit to recover loss to damage or delay to cargo must be instituted no later than two years and one day after the claim is denied.
   4. Minimum filing requirements. A communication in writing from a claimant, filed with carrier within the time limits specified in the bill of lading or contract of carriage or applicable contract between carrier and shipper and (1) containing facts sufficient to identify the shipment (or shipments) of property involved; (2) asserting liability for alleged loss, damage, injury or delay; and (3) making claims for the payment of a specified or determinable amount of money, shall be considered as sufficient compliance with the provisions for filing claims embraced in the bill of lading or contract of carriage or applicable contract between carrier and shipper. Any communication from the claimant that fails to meet these minimum filing requirements shall not constitute a valid claim. 
4. The consignee must accept the goods upon delivery unless they are determined to be totally worthless.
5. Salvage
   1. Whenever disposition of salvage material of goods shall be made directly to an agent or employee of carrier or through a salvage agent or company in which carrier or one or more of its directors, officers, or managers has any interest, financial or otherwise, carrier’s salvage records shall fully reflect the particulars of each such transaction or relationship, or both, as the case may be.
   2. Upon receipt of a shipment on which salvage has been processed in the manner herein before prescribed, carrier shall record on its claim file thereon the lot number assigned, the amount of money recovered, if any, from the disposition of such property, and the date of transmittal of such money to the person or persons lawfully entitled to receive the same.
   3. To the extent that the Shipper asserts that the goods should be destroyed, Carrier remains entitled to the salvage value the goods would have generated had the goods been salvaged instead of destroyed.
6. When the Consignee receives a shipment without noting loss or damage, this is a clear delivery. When damage is claimed after a clear delivery, such is referred to as concealed damage.  Concealed damage shifts the burden of proof to the party asserting the claim to show that the damage occurred while the freight was in the possession of the Carrier.
7. Whenever property transported by carrier is damaged or alleged to be damaged and is, as a consequence thereof, not delivered or is rejected or refused upon tender thereof to the owner, consignee, or person entitled to receive such property, carrier, after giving due notice, wherever practicable to do so, to the owner and other parties that may have an interest therein, and unless advised to the contrary after giving such notice, shall undertake to sell or dispose of such property directly or by the employment of competent salvage agent. Carrier shall only dispose of the property in a manner that will fairly and equally protect the best interests of all persons having an interest thereon. Carrier shall make an itemized record sufficient to identify the property involved so as to be  able to correlate it to the shipment or transportation involved, and claim, if any, filed thereon.  Carrier shall also assign to each lot of such property a successive lot number and note that lot number on its record of shipment and claim, if any claim is filled thereon.
8. Unless otherwise agreed to in writing, Carrier’s cargo liability is limited to a maximum of (1) any limitation contained in any tariff, circular, or contract applicable to the shipment; (2) the lowest limit of liability provided by any applicable law, including (when applicable) but not limited to the Carriage of Goods by Sea Act (COGSA); (3) any limitation of liability established by this Tariff, whichever is least. In the event weight is relevant to the determination, only the portion of the freight lost or damaged is to be considered in the calculations.
9. If a shipper declares a value exceeding the minimums established by this Tariff, without insertion of the corresponding specially assigned identification number, the shipment will not be accepted, but if the shipment is inadvertently accepted, it will be considered as being released to the minimum established by this Tariff, and the shipment will move subject to such limitation of liability.
10. Canadian and Mexican Law
    1. The Carmack Amendment and the above provisions relating to domestic transportation will apply to shipments while within the physical borders of the United States and within the jurisdiction of the Secretary of Transportation. While a shipment is outside the borders of the United States, the Carmack Amendment shall not apply.  Carrier shall have no liability for delay, loss or damage when it is not in physical possession of the freight.  To the extent liability cannot be excluded completely, the released rates shall be as set forth below:
       1. Canada – Carrier’s maximum liability will be the lesser of $2.00 per pound per package or any limitation provided for by Canadian or provincial law for loss occurring in Canada.
       2. Mexico – Carrier’s maximum liability will be the lesser of $.50 per pound per package or any limitation provided for by Mexican federal or state law for loss occurring in Mexico.
    2. Losses of uncertain location shall be presumed to occur outside the United States.
11. In the event Carrier takes possession of a sealed trailer, delivery of the trailer with seal in-tact (absent evidence of tampering with the trailer, doors, or hinges) conclusively defeats any claim of a shortage.  Claims for an absent or missing seal may only be asserted by the Shipper if the Shipper has adequate procedures in place for verifying that the seal was in place when the trailer left origin and only when there is proof of actual damage to the goods, verified by testing or other procedures. Carrier shall have no liability for cargo loss, damage or shortage where any seal is removed by order of any law enforcement or governmental authority.
12. Carrier will not be responsible for shortage on shipments that are banded, strapped, netted, shrink-wrapped or otherwise secured to bins, pallets, platforms or skids when such securing material is found to be intact at the time of unloading by consignee. Carrier will only be responsible for the number of bins, pallets, platforms or skids on such shipments.
13. Carrier shall not be liable for special, incidental, indirect or consequential damages including without limitation, lost profits or business opportunity, or punitive and exemplary damages incurred or suffered by the Shipper as a result of shortage, damage or delay. Additionally, Carrier shall not be liable for attorney’s fees of the Shipper.
14. Carrier responsibility for cargo begins when Carrier picks up a shipment from the Shipper’s dock, or in the case of spotted equipment, when Carrier takes physical possession of the loaded trailer. Carrier’s responsibility ends when the shipment is tendered for delivery or in the case of spotted equipment, when the loaded trailer is placed in the consignee’s premises for its unloading convenience.
15. Released Value: MC 286926
    
    1. All shipments moving under rate schedules or tariffs which are governed by this rules tariff are subject to the released valuation provisions shown herein.
       1. Unless shipper agrees in writing with carrier and also declares a greater value on the bill of lading at the time of shipment (see Note 1 below), carrier’s liability for loss of or damage to any article or package transported shall not exceed $1.00 per pound on used machinery or $2.50 per pound or $100,000 per truckload on other cargo, whichever is greater.
       2. When the shipper declares the value of a shipment to be greater than $1.00 per pound on used machinery or $2.50 per pound or $100,000 per truckload, whichever is greater, on other cargo, (see Note 1 below), such shipment shall be further subject to the following excess valuation charges on that portion of the declared value in excess of those amounts.Such charges shall apply in addition to all other applicable charges.
          

          
          EXCESS VALUE CHARGE (See Note 2)
          MILEAGE APPLICABLE

                TO SHIPMENTS                       Rate

                                         0 to 500                         $1.00

                                    501 to 1000                         $1.25

                                  1001 to 1500                         $1.50

                                  1501 to 2000                         $1.65

                                  2001 to 2500                         $1.75

                              2501 and above                         $1.85

       3. The released value shall be deemed to relate separately to the gross weight of each shipping package or to the weight of each loose article, and not to the shipment as a whole. In case of loss or damage to a portion of a shipment the amount recoverable will be the released value multiplied by the gross weight of the article or package, but not more than the actual loss or damage.
       4. The maximum value that may be declared by a shipper is $250,000 per truckload. Any valuation in excess of that amount shall not be permitted. If carrier inadvertently accepts goods for transportation on which a value in excess of $250,000 has been declared, carrier’s liability is limited to $250,000 per truckload.

Note 1 – Released valuations in excess of $1.00 per pound on used machinery or $2.50 per pound or $100,000 per truckload, whichever is greater, on other cargo must be specifically and prominently shown on shipping documents and either the term “Released value not exceeding” or the abbreviation “RVNX” may be used, followed by the total released value or released value per pound, in dollars and cents, together with the actual weight applicable to such released valuations.

Note 2 – Charges stated are “In Dollars and Cents” and apply per $1,000.00 (or fraction thereof) on that portion of the declared value that exceeds $1.00 per pound on used machinery or $2.50 per pound or $100,000 per truckload, whichever is greater.

MC 290227

1. 1. All shipments moving under rate schedules or tariffs which are governed by this rules tariff are subject to the released valuation provisions shown herein.
   2. Unless shipper calls the carrier and also declares a greater value on the bill of lading at the time of shipment (See Note 1 below), carrier's liability for loss of or damage to any article or package transported shall not exceed $1 .00 per pound on used machinery or $2.50 per pound on all other cargo.
   3. When the shipper declares the value of a shipment to be greater than the $1.00 or $2.50 per pound (See Note 1below), such shipments shall be further subject to the following excess valuation charges on that portion of the declared value in excess of $1.00 or $2.50 per pound (such charges shall apply in addition to all other applicable charges); (See Exception)
      

      MILEAGE APPLICABLE TO SHIPMENT		EXCESS VALUE CHART (See Note 2)
      	COLUMN A	COLUMN B
      		Value < $400,000	Value >= $400,000 to $650,000	Value >= $650,001 or More
      0 to 500	$2.00	$2.50	$5.00	$7.50
      501 to 1,000	$2.50	$3.00	$6.00	$9.00
      1,001 to 1,500	$3.00	$3.50	$7.00	$10.50
      1,501 to 2,000	$3.30	$4.00	$8.00	$12.00
      2,001 to 2,500	$3.50	$4.30	$8.60	$12.90
      2,501 and Above	$3.70	$4.50	$9.00	$13.50

      COLUMN A - Applies only on shipments not requiring over-dimension and/or overweight permits.
      COLUMN B - Applies only on shipments requiring over-dimension and/or overweight permits.

   4. The released value shall be deemed to relate separately to the gross weight of each shipping package or to the weight of each loose article, and not to the shipment as a whole. In case of loss or damage to a portion of a shipment, the amount recoverable will be the released value multiplied by the gross weight of the article or package, but not more than the actual loss or damage.

Note 1 – Released valuations in excess of $1 .00 or $2.50 per pound must be specifically and prominently shown on shipping documents and either the term "Released value not exceeding" or the abbreviation "RVNX" may be used, followed by the total released value or released value per pound, in dollars and cents, together with the actual weight applicable to such released valuations.

Note 2 – Charges stated are "In Dollars and Cents" and apply per $1,000.00 (or fraction thereof) on that portion of the declared value that exceeds $1.00 or $2.50 per pound.

EXCEPTION – The provisions of paragraph (3) are not applicable when the declared actual cargo value on the bill of lading is not greater than $100,000.00 per trailer required.

ITEM 80

CLAIMS – OVERCHARGE OR DUPLICATE PAYMENT APPLICABILITY AND DEFINITIONS

The following rules govern the processing of claims for overcharge and duplicate payment.  The following definitions apply to terms used in this item:

1. 1. “Carrier” means ATS, Inc. (AQSM) or ATS Specialized, Inc. (ASSM).
   2. “Overcharge” means an overcharge as defined in the Title 49, United States Code and regulations issued thereunder. It also includes duplicate payments as defined in paragraph (c) below, when a dispute exists between the parties concerning such charges.
   3. “Duplicate payment” means two or more payments for transporting the same shipment. Where one or more payment is not in the exact amount of the applicable tariff rates and charges, refunds shall be made on the basis of the excess amount over the applicable tariff rates and charges.
   4. “Unidentified payment” means a payment which carrier has received for the performance of transportation services but which the carrier is unable to match with its open accounts receivable or otherwise identified as being due.
   5. “Claimant” means any shipper or receiver, or its authorized agent, filing a request with a carrier for the refund of an overcharge or duplicate payment.
      

SECTION 1 – FILING AND PROCESSING CLAIMS

1. 1. A claim for overcharge or duplicate payment shall not be paid unless filed in writing or electronically communicated (when agreed upon by the carrier and shipper or receiver involved) with the carrier that collected the transportation charges within 180 days of receipt of carriers freight bill.
   2. A single claim may include more than one shipment provided the claim on each shipment involves the same tariff issue or authority or circumstances.

SECTION 2 – DOCUMENTATION OF CLAIMS

1. 1. Claims for overcharge or duplicate payment shall be accompanied by sufficient information to allow the carrier to conduct an investigation and pay or decline the claim within the time limitations set forth in Section 5. Claims shall include the name of the claimant, its file number, if any, and the amount of the refund sought to be recovered, if known.
   2. Claims for overcharge shall be accompanied by the original freight bill. Additional information may include, but is not limited to the following:
      
      1. The rate, classification, or commodity description or weight claimed to have been applicable.
      2. Complete tariff authority for the rate, classification, or commodity description claimed.
      3. Copy of front and back of canceled check for payment.
      4. Other documents or data which is believed by claimant to substantiate the basis for its claim.
   3. Claims for duplicate payment shall be accompanied by the original freight bill(s) for which charges were paid and by freight bill payment information.
   4. Regardless of the provisions of paragraphs (a), (b) and (c) of this Section, the failure to provide sufficient information and documentation to allow the carrier to conduct an investigation and pay or decline the claim within the allowable time limitation shall not constitute grounds for disallowance of the claim.  Rather, carrier will comply with Section 3(c) to obtain the additional information required.
   5. The carrier will accept copies instead of the original documents required to be submitted in this part where the carrier is furnished with an agreement entered into by the claimant which indemnifies the carrier for subsequent duplicate claims which might be filed and supported by the original documents.

1. Except as otherwise provided in this rule, transportation charges will be collected by carrier at the time shipments are delivered. Upon taking precautions deemed by carrier to be sufficient to assure payment of charges within the credit period herein specified, carrier shall make delivery of freight in advance of the payment of charges thereon and will extend credit in the amount of such charges to those who undertake to pay them net thirty (30) days from date of the invoice or as otherwise agreed to with shipper in writing from the presentation of the freight bill.
2. Carrier will assess one and one-half percent (1½%) per month on past due indebtedness for collection, handling, late fees and interest. In the event carrier deems it necessary to retain the services of legal counsel to collect any outstanding indebtedness, shipper shall pay attorney’s fees and costs.  Additionally, if carrier has afforded discounts to the payor of freight charges, carrier has the right to revoke all discounts and to collect the full, published rates when timely payment has not been made.
3. Carrier shall submit an invoice to the specified party in accordance with the requirements of Federal regulations governing regulated transportation. Carrier will retain delivery receipts and proofs of delivery which will be provided upon specific request in accordance with the provisions of this circular.
4. All action or proceedings instituted by Carrier for the collection of freight charges owed by the shipper, consignor, consignee or third party involved in the movement who has failed to pay such charges within 30 days of presentation of the freight bill, where the Carrier initiates a lawsuit, such suit shall be brought in a state or federal court of competent jurisdiction embracing St. Cloud, Minnesota, or where the debtor resides (at the option of Carrier).  The parties will not raise, and hereby waive, any defenses based on the venue, personal jurisdiction, inconvenience of forum, or sufficiency of service of process related to the place of bringing of the action.
5. Carrier shall have a possessory lien on shipments in its dominion and control for the payment of current and past due freight charges. Shipper’s goods will be held and sold pursuant to the Carrier Lien provisions of the Uniform Commercial Code.  Carrier reserves the right to convert any shipment to a collect shipment.
6. Shipper, Consignor and/or Consignee, or its broker or agent, shall pay all freight charges when due without offset for any cause, including but not limited to, cargo claims.  All claims for loss or damage shall be governed by this Tariff and shipper, consignor, or consignee shall not deprive Carrier of the claims process by unilateral deduction of claims from payment of freight charges due.
7. When arrangements are made with intermediaries for transportation services provided by carrier and the intermediary in turn bills the shipper or beneficial owner of the goods for freight charges inclusive of the carrier’s rates, the following rules shall apply:
   1. The intermediary will segregate money due owing to carrier from other accounts.
   2. Intermediary will pay carrier without offset from funds received and shall not commingle, pledge, encumber or hypothecate funds received by it intended for payment of freight charges to carrier.
   3. When the arranger of transportation is a carrier or freight forwarder, a constructive interline trust shall apply.
   4. When the arranger of transportation is a property broker, the regulations set forth at 49 C.F.R §371 shall apply and monies received by the broker shall be segregated from its other assets and liabilities.
   5. In no event shall accounts receivable pledge or encumber by any intermediary be inclusive of freight charges billed by it to the extent those freight charges are due and owing to carrier.
   6. Carrier preserves recourse for payment of all freight charges to the consignor or shipper, unless Section 7 of the bill of lading is signed.  When Section 7 of the bill of lading is signed, Carrier reserves the right to collect freight charges from the consignee.
8. Carrier will invoice the shipper’s broker, bank or other agent for freight charges. Carrier reserves the right to bill and collect freight charges from the shipper or consignor on prepaid shipments or the consignee on collect shipments in the event full payment of freight charges is not received pursuant to third party billing.
9. A shipment in which charges are to be paid by a party other than the shipper, consignor, or consignee will be accepted provided recourse to the shipper or consignor is reserved with the carrier picking the shipments up at origin.  The consignor and consignee guarantee to pay the charges if the third party fails to do so in the time allotted under the applicable credit regulations.  Any such shipment will not be accepted if the consignor executes a non-recourse (Section 7) provision of the bill of lading. If such a shipment is inadvertently accepted, the execution of the non-recourse (Section 7) provision of the bill of lading shall be invalid, and the shipment shall be considered prepaid, with the shipper or consignor remaining liable for payment of freight charges.
10. Any claim for overcharges of freight bills must be submitted within 180 days of shipment date and must be submitted by the responsible party of the freight charges.  Any claim for undercharges of freight bills must be submitted by the carrier to the payor of the freight charges within 180 days of the shipment date.

ITEM 110

CONVENIENCE INTERLINING

In order to provide the most efficient, economical service to the shipping public, Carrier will utilize the service of the other named carriers to achieve the transportation service required for the tendered shipment, EXCEPT if bills of lading covering tendered shipments are noted by shippers that “convenience interlining not applicable”, convenience interlining will not be utilized. Interchange of freight service will be at points common to the authorized service of Carrier. Shipments accorded “convenience interlining” shall move on the bill of lading of Carrier, who shall assume responsibility for the lading, and such shipments shall be charging for service performed exclusive by Carrier.

ITEM 120

CUSTOMS OR IN-BOND FREIGHT

IN-BOND shipments are subject to the following provisions and charges:

1. Shipments must be tendered on straight bill of lading. The words “IN-BOND” must be prominently displayed in the body of the bill of lading and immediately preceding the name of the consignee.
2. Each package or loose article must be plainly marked, labeled or tagged by consignor to show “IN-BOND.”
3. Shipments moving under the terms of this item are subject to a 40,000-pound minimum weight or actual weight, whichever is greater.
4. In addition to any other applicable charges, a special handling charge of $175.00 will apply per vehicle used to transport the shipment. If carrier is detained at the customs clearance point, detention charges as provided in Item 140 herein for tractor/trailer combination will apply after the expiration of three free hours and such detention time will be charged to the party responsible for payment of line haul freight charges.
5. Shipments moving under United States Customs Bond will traverse the clearance point(s) and will be rated as a stop-in-transit shipment subject to the provisions of Item 330, such clearance point being considered a stop-off point for the purpose of applying provisions in Item 330.  Stop off charges provided in Item 330 will not apply unless a portion of the shipment is actually partially loaded or partially unloaded at the customs clearance point.

ITEM 130

DEADHEAD OF EQUIPMENT

When carrier is requested by a shipper, consignee, or authorized agent thereof to immediately deadhead equipment regardless of its location to a point of pickup, all deadhead miles traveled from point of dispatch to points of origin will be charged for in addition to the line-haul rate and other applicable charges at a rate shown on chard below. The term deadhead miles is defined as a movement of an empty tractor/trailer combination.

ITEM 140

FOOD SHIPMENTS

For Shipments subject to the Food Safety Modernization Act (“Act”) and associated regulations, Shipper or Broker must inform Carrier, in writing, of applicable transportation protocols. An authorized official of Carrier must agree to the protocols. Protocols providing in a bill of lading or other shipping document are not sufficient to trigger’s Carrier’s obligation under the Act. If Shipper or Broker fails to comply with these requirements, Carrier will be unable to comply with is responsibilities under the Act and shall not be liable for loss or damage to shipments resulting therefrom. Shipper or Broker will defend, indemnify, and hold Carrier harmless for claims arising from Shipper’s or Broker’s failure to comply with the requirements on this item.

ITEM 150

DELAYS IN PICKUP OR DELIVERY, LIMITED LIABILITY FOR

Rates and charges for shipments moving under tariffs or contracts governed by this tariff are subject to the limited liability provisions named herein concerning damages claimed due to delays in scheduled pickups and/or deliveries. 

1. Liability for damages due to delay shall be limited to an amount not to exceed twenty-five percent (25%) of the applicable freight charges on the cargo being transported on Carrier's trailer involved in such delay.
2. In no event shall carrier assume responsibility for damages attributable to delays due to circumstances beyond carrier's control, such as but not limited to: delays caused by weather conditions, mechanical failure, illness or injury to driver, traffic congestion, highway detours or re-routings, compliance with legal requirements and strikes.

Notwithstanding anything to the contrary above, in no event shall carrier be liable for any damage resulting from loss of use, profit, or business, or for any special, indirect, incidental, punitive or consequential damages, whether arising from an action of contract, tort, or other legal theory.

ITEM 160

DEFINITION OF SHIPMENT

A shipment is a quantity of freight received from one shipper, at one point of origin, or from places within a single plant, at one time for one consignee at one destination and covered by one bill of lading or written shipping order, for transportation in one vehicle unless otherwise provided.

ITEM 170

DETENTION

1. Except as otherwise provided, two hours of free time will be allowed at point of loading and two hours free time will be allowed at point of unloading for loading or unloading any vehicle.  Any time in excess of the free time allowed will be charged at a rate of the below chart and notes.  Chargeable time will include all calendar days.
   

*An additional charge of $1.65 per mile per power unit shall apply from the destination of the shipment to the carrier’s nearest terminal (see item 530) and return to destination to pick up empty trailer, subject to a minimum charge of $50.00 per power unit. For trailers received but not unloaded.

**Special equipment is defined as trailers having three or more axles or expandable trailers

1. 1. The consignor shall have the right to schedule pick-up time at pick-up point prior to dispatching of carrier equipment.  The consignor shall have the right to refuse for loading equipment which is not present and ready for loading at its scheduled loading time.  If equipment is not present for loading at the prescribed loading time, the consignor may reschedule such equipment for a later loading time.  In no event shall free time for loading and detention charges as described in paragraph 1 hereof commence until equipment scheduled for loading is present and ready for loading at its prescribed time.  If a shipper loads the vehicle when presented for loading, free time and detention charges as stated in paragraph 1 hereof shall commence when equipment is presented for loading regardless of when scheduled.
   2. In computing time in this part, time shall commence when driver reports to entrance of consignor’s or consignee’s premises and ends when driver reports to exit of consignor’s or consignee’s premises.  Equipment shall be considered present and ready for loading or unloading when the driver reports for loading or unloading at entrance of consignor’s or consignee’s premises.
2. Shipments tendered and subsequently picked up by carrier, which require delivery the following Monday and which must be held en route due to weekend non-business hours, legal holidays, and/or state/federal highway restrictions will be subject to an additional charge as shown in Part A herein based on maximum charge per calendar day per twenty-four (24) hour period shipment is held (the provisions of this rule are not applicable to the extent Item 450 herein applies).

ITEM 180

DISPOSITION OF SHIPMENT SUBSEQUENT TO FAILURE OF RESPONSIBLE PARTY TO MAKE PAYMENT OF FREIGHT CHARGES

Failure to pay all charges lawfully billed may result in a lien being placed on future shipments, including cost of storage and security, for the subsequent shipments held pursuant to state statutory lien laws permitting same.

ITEM 190

DIVERSION OR RECONSIGNMENT

Upon request of shipper or consignee, carrier will attempt to accomplish diversion or reconsignment of any shipment, subject to the following provision:

1. The term “diversion or reconsignment” means any of the following:
   1. A change in the name or address of consignor or consignee.
   2. A change in the destination.
   3. Any other instructions given by consignor, consignee or owner necessary to effect change in delivery.
2. When change in destination of the shipment is involved, the new point of destination must be one that the carrier is authorized to serve.
3. The diversion or reconsignment instructions must be confirmed in writing.
4. The party requesting to divert or reconsign shall assume all expenses incurred by carrier in attempting to effect the diversion or reconsignment of the shipment regardless of whether or not its efforts are successful.
5. When a diversion or reconsignment order is received by carrier, a diligent effort will be made to locate the shipment and to effect the requested change, but carrier will not be responsible for failure to effect such change.
6. A charge of $500.00 will be made for each shipment diverted or reconsigned under this rule.
7. The rates to be applied on shipments accorded diversion or reconsignment privileges are the rates in effect on the date of the shipment, and charges shall be determined as follows:
   1. Rates other than distance or mileage rates:
      1. When the rate from point of origin to diversion or reconsignment point is higher than the rate from point of origin to final destination, such higher rate will apply.
      2. The rates to be applied shall be the rates from the initial point of origin to point or points of reconsignment or final destination, whichever produces the highest charge.  Such shipments will be subject to an additional charge of $1.65 per mile for the difference in miles over and above the short line miles from origin to final destination versus the miles from origin to destination via the reconsignment point or points.
      3. When a shipment is diverted or reconsigned after it has arrived at the original billed destination, such shipment will be subject to a charge of $1.65 per mile from original billed destination to the new destination which charge will be in addition to all other applicable charges.
   2. Distance or mileage rates:
      When the rate from point of origin to final destination is determined by the application of the distance or mileage scale of rates, the rate making distance shall be the distance from origin to destination via the diversion or reconsignment point(s).
      
8. When a vehicle arrives at the original billed destination or a point of diversion or reconsignment and is required to be held awaiting diversion or reconsignment instructions for the shipment, one hour free time will be allowed. If truck is delayed beyond the free time period, the hourly detention charges contained in Item 170 will apply.

ITEM 195

DUNNAGE

Unless otherwise provided, charges shall be computed on the gross weight of the shipment, including the weight of blocking, bolsters, bracing, bearing pieces, cradles, flooring, lining, racks, skids, stakes, standards, strips, supports or metal ties, or other similar bracing, dunnage or supports not constituting a part of the package or vehicle.  When such material is used to protect shipment it shall be furnished by the shipper.

1. When Shipper or Consignee requests carrier to furnish a removable gooseneck trailer, or when the use of such equipment is determined by the carrier to be necessary to properly or safely transport the lading, such equipment shall be provided subject to an additional charge of $0.25 cents per loaded mile for each 2-axle trailer furnished ($95.00 minimum charge), and $0.35 cents per mile for each 3-axle trailer furnished ($95.00 minimum charge). (See Exception below)
2. EXCEPTION: Not applicable on shipments originating in Arizona, California, Idaho, Nevada, Oregon, Utah and Washington and destined to points in and east of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas that are on and east of US Highway 281.

Expandable Trailers

The term "expandable trailer" includes any trailer or semi-trailer, the dimension of which may be altered or adjusted either manually or hydraulically by or through the use of: (1) Interchangeable or adjustable load carrying beds of varying lengths, or, (2) hydraulically-operated load-carrying beds capable of being lowered, raised, or extended horizontally to gain additional clearance or more equitable distribution of the lading. When shipper or consignee requests carrier to furnish an expandable trailer, or when the use of such equipment is determined by the carrier to be necessary to properly or safely transport the lading because of its dimensions, such equipment shall be provided, and will be subject to a minimum weight of not less than shown below plus the additional mileage charges shown below.

* Applicable on shipments originating in AZ, CA, ID, NV, OR, UT, or WA and destined to points in and east of ND, SD, NE, KS, OK, and TX that are on and east of US Hwy 281.

Lowboy Trailers

The term "lowboy" refers to a trailer or semi-trailer having a load-carrying bed or platform less than 40 inches above the ground or street level. When Shipper or Consignee requests carrier to furnish a low-boy trailer, or when the lading exceeds 10'2" in height before loading, or when the use of such equipment is determined by the carrier to be necessary to properly or safely transport the lading because of its dimensions, such equipment shall be provided, subject to a minimum weight of not less than 40,000 pounds per low-boy trailer. Provisions of this section will not apply when the provisions of Expandable Trailers apply.

Outriggers

When Shipper or Consignee requests carrier to furnish a trailer with outriggers or when the use of such equipment is determined by the carrier to be necessary to properly or safely transport the lading, such equipment shall be provided subject to an additional charge of 5 cents per loaded mile, per trailer so furnished to a $200.00 minimum charge (See Exception).

Sides

When shipper or consignee requests carrier to furnish a trailer with sides or when the use of such equipment is determined by the carrier to be necessary to properly or safely transport the lading, such trailers with sides shall be provided, subject to a charge of $500.00 per trailer so furnished.

ITEM 210

ESCORTS, FLAGPERSON, AND/OR PILOT CARS

When a flag person, escort vehicle, or pilot car (all terms hereafter referred to as "Escort") is requested by the shipper or required by a regulatory agency, or if in the carrier's opinion the shipment cannot be safely transported without the use of an escort, carrier will make the necessary arrangements to secure an escort. The total fee or charge made by escort service shall be assessed subject to a minimum assessment of 105 cents per mile per escort and further subject to a daily minimum charge of $125.00 per escort. (See Note A)

Note A – If the shipper or owner of the freight elects to furnish the escort(s), the charges contained herein will not apply.

ITEM 220

EXTRA DRIVER

When requested by shipper or consignee, an extra driver shall be furnished for an additional cost per below:

ATS, Inc. MC 286926 – $2.00 per loaded mile, subject to a minimum charge of $1,000.00.

ATS Specialized, Inc. MC 290227 – $2.00 per loaded mile, subject to a minimum charge of $1,000.00.

All transportation costs (i.e., airfares, etc.) in getting the extra driver to the point of loading and back to original point where driver was located prior to being dispatched shall be assessed.

If carrier has to put out of service a power unit in order to fulfill the need for an extra driver, a charge per calendar day or fraction thereof will be assessed.

ITEM 230

HAZARDOUS MATERIALS

1. Carrier will accept shipments of hazardous materials or substances for transportation in accordance with the transportation requirement of the U.S. Department of Transportation.
2. When Consignor/Consignee requests Carrier to transport hazardous materials or substances, a charge of $100 per shipment will apply.

ITEM 240

IMPRACTICAL OPERATIONS/CONSTRUCTION – JOB SITE DELIVERIES

1. Nothing in this tariff shall be construed as binding on the part of the carrier to accept shipments for delivery at destination to which, because of conditions of roadways, streets, alleys or premises, it is impracticable to operate carrier’s vehicles or to require delivery to locations at destination where it is impracticable to operate carrier’s vehicles.  In such cases delivery will be made at the nearest point or location to the billed destination to which it is practicable to operate carrier’s vehicles.  Carrier will notify consignee of its inability to make delivery at the billed destination and also advise the consignee of the point or location where delivery has been made.
2. Delivery to a construction site, when there is no representative of the consignee present to receipt for the shipment, will be made under the following conditions:
   
   

   The consignor shall endorse on the bill of lading at the time the shipment is received by the carrier a stipulation reading as follows:

   "The carrier is hereby authorized to deliver this shipment at the destination shown without obtaining a receipt from the consignee or a representative of the consignee, for delivery of the shipment."

3. In the event that no prior arrangements have been made and the carrier is unable to locate someone at the construction site to receipt for the shipment, carrier will attempt to secure authorization from the consignor based on the stipulation previously discussed herein. In the event carrier is unsuccessful obtaining this authorization from the consignor, carrier shall exercise the provisions of Item 480.

ITEM 250

LOADING AND UNLOADING

1. Except as otherwise provided, loading of freight on the truck shall be performed by the shipper, and unloading of the freight from the truck shall be performed by the consignee.
2. If, for the benefit of and at the request of the consignor or consignee, an additional person (or persons) are furnished by the carrier for loading or unloading, the additional person (or persons) will be charged for at the rate of $150.00 per occurrence.
3. When carrier is required to acquire or utilize any outside service to load and/or unload freight from and or/to the carriers vehicle, the carrier will not absorb any charges or fees accompanied with acquiring or utilizing said outside service. The carrier will be reimbursed for any expenses, charges or fees assessed by said outside services. Such expenses, charges or fees will be in addition to all other lawful charges and will be assessed against the payor of the freight charges unless payment has been guaranteed to the satisfaction of the carrier by shipper, consignee or third party.
4. Carrier is not obligated to deliver shipments on Saturdays, Sundays or Holidays. However, if carrier is requested and agrees to deliver freight on Saturday, Sunday or any other day generally observed as a Holiday by the carrier at the point where service is performed, the rate of $50 per occurrence will be assessed against the payor of the freight charges and will be in addition to all other applicable charges.
5. In the event the consignor or consignee requests the carrier to load or unload the freight onto or from the truck the party otherwise responsible for such loading or unloading agrees to hold the carrier harmless of any liability, loss, or damage resulting from the act of loading or unloading of the freight by the carrier.  Consignor or consignee, further agrees to indemnify, defend and save harmless carrier, its officials and employees from and against any and all causes of action, claims and demands of liability, damages, injuries and death involving any party or parties related to or arising out of the loading or unloading of the freight onto or from the truck by the carrier.

ITEM 260

LTL SHIPMENTS/(24) MINIMUM WEIGHT
Applies to ATS Specialized, Inc. MC 290227 Only

Upon request of the shipper or owner of the freight, less-than-truckload (L TL) shipments shall be subject to a minimum weight of 24,000 pounds. Such requests should be annotated on the bill of lading in the following manner (or words of similar import):

"To be rated as 24,000 pounds"

Restriction:
The provisions of this item are not applicable on shipments weighing 24,000 pounds or more or which occupy 32 feet or more of linear trailer space nor on those shipments subject to Items herein.

ITEM 270

LIGHT OR BULKY FREIGHT
Applies to ATS Specialized, Inc. MC 290227 Only

1. Except as otherwise specifically provided, all rates in publications governed hereby are subject to a minimum weight of not less than 750 pounds per lineal foot (or fraction thereof) of trailer space required.
2. In computing the lineal foot minimum weight, a maximum of 40 lineal feet per trailer will be used.
3. A trailer shall be considered loaded to capacity when:
   1. A drop-frame trailer is loaded to over 28 linear feet of trailer space, or;
   2. A standard semi-trailer (other than drop-frame trailer) is loaded to over 32 lineal feet of trailer space.
4. EXCEPTION: The provisions of this rule do not apply when:
   1. The actual weight of the lading exceeds the minimum weight specified herein, or;
   2. When the application of any other rules or provisions of any rate item establishes a higher minimum weight than provided herein.

ITEM 280

METHOD OF DETERMINING DISTANCES

Except as otherwise provided herein, distances shall be computed according to mileage guide referred in individual tariffs or rate schedules.

1. Where the shipper or consignee requests transportation of the shipment over a particular route longer than the shortest route over which the vehicle can operate, the mileage over the longer route, will be used to determine the rate.
2. When due to an Act of God, public enemy, riots, or insurrections, highways are impassable and/or bridges, ferries, tunnels or roads are closed by governmental authorities, for rebuilding or repair or for other reasons requiring carrier to detour, the mileage over the shortest route over which the truck can be moved from origin to destination, will be used to determine the rate.

ITEM 290

MEXICO – SHIPMENTS ORIGINATING IN OR DESTINED TO

The cargo liability coverage of on shipments into or out of points in Mexico is strictly limited to that portion of the transportation services performed in the United States only.

The cargo liability coverage for transportation services performed within the country of Mexico is the sole responsibility of the Mexican carrier providing such services.

ITEM 300

MEXICO – SECUREMENT AND WEATHER PROTECTION OF SHIPMENTS INTO THE COUNTRY

Shipments destined to points in Mexico that require the originating carrier to leave securement devices and tarpaulins on the shipments while transportation services are performed in Mexico by connecting carriers will be subject to an additional charge of $1,500.00 per trailer requested.

ITEM 310

Shipments destined to points in Mexico that are detained on originating carrier’s trailers at border crossing points beyond a 72 hour period, while awaiting customs clearance and/or arrival of Mexican connecting carrier, will be subject to an additional charge thereafter of $75.00 per 24 hour period, or fraction thereof, until such time as customer’s clearance is accomplished and Mexican carrier arrives and receipts for shipment.

ATS SPECIALIZED, INC. MC 290227

Shipments destined to points in Mexico that are detained on originating carrier's trailers at border crossing points beyond a 24-hour period, while awaiting customs clearance and/or arrival of Mexican connecting carrier, will be subject to an additional charge as shown in Item 170 per 24-hour period, or fraction thereof, until such time as customs clearance is accomplished and Mexican carrier arrives and receipts for shipment.

ITEM 320

MINIMUM CHARGE

Except as specifically provided in individual rate items, the minimum charge will be as follows:

1. From points in Canada and points in the United States, except those listed in (2) below, the minimum charge will be $1,000.00 per truckload.

OVERFLOW SHIPMENTS

Except as otherwise provided, when any truckload shipment is tendered weighing more than the truckload maximum weight specified in connection with such truckload rate, such rate only applies on that quantity of freight weighing the truckload maximum weight or less, which can be loaded into a single vehicle and legally transported from origin to destination.  The remaining portion of the truckload shipment will be charged for as a separate shipment.

ITEM 340

OVER-DIMENSIONAL FREIGHT
(See Notes A, B, C & D)

Shipments which, when loaded on carrier's trailer, exceed 8 feet 6 inches in width and/or 13 feet 6 inches in height (14 feet, 0 inches in height on shipments traveling in the states of AZ, AR, CA, CO, ID, KS, MO, MT, ND, NE, NM, NV, OK, OR, SD, TX, UT, WA, & WY) and/or 75 feet in overall length (carrier's equipment and lading) and require over-dimensional permits are further subject to one of the following additional charges:

Note A – When a shipment is subject to two or more over-dimensional charges shown herein, the single highest charge applicable to the shipment will apply.

Note B – In determining measurements, extreme dimensions are to be used.

Note C – For over-dimensional shipments subject to the charges set forth in this item, the following minimum charges shown on page 31 will apply.

Note D – Add $0.10 to the otherwise applicable charge, including those found in exceptions 2 or 3 herein, on shipments transported during the months of November through February.

Exception 1: Shipments moving between points west of US Hwy 281 with an overall height exceeding 14 feet, but not exceeding 15 feet, will be subject to over-height charges as follows:

• Up to 14'6"- $0.75 per mile
• Up to 15'0" $1 .00 per mile

Exception 2: Add $0.10 per mile to the otherwise applicable over-dimensional charge on shipments exceeding 10 feet in width, and/or 13 feet, 6 inches in overall height, and/or 75 feet in overall length when such shipments originate at points on and East of US Hwy 281 and destined to points in the states of CT, DC, DE, MA, MD, ME, NC, NH, NJ, NY, PA, RI, SC, VA, VT, & WV. (Not applicable to the extent Exception 3 applies)

Exception 3: Add $0.25 per mile to the otherwise applicable over-dimensional charge on shipments exceeding 14 feet 6 inches in overall height from ground when such shipments are destined to one of the following states: CT, DC, DE, MA, MD, ME, NC, NH, NJ, NY, PA, RI, SC, VA, VT, & WV.

1. Overwidth Shipments (in feet)
   The following minimum charges will apply when a shipment is over 8 feet, 6 inches in width:

2. Overheight Shipments (in feet)
   The following minimum charges will apply when a shipment is over 13 feet, 6 inches in height when measured from the ground to the top of the article:

3. Overlength Shipments (in feet)
   The following minimum charges will apply when a shipment is over 75 feet in overall length:

ITEM 350

OVER-DIMENSIONAL PERMITS

When a special permit or bond is required by the regulations of any city, state, province, or municipal agency and carrier obtains such a permit or bond prior to or during the transportation of the lading, the cost thereof, including telephone or transmitting expenses, plus a service fee, shall be charged to the party responsible for the freight charges.

ITEM 360

OVERWEIGHT SHIPMENTS

When a special shipment or bond is required by the regulations of any city, state, province, or municipal agency and carrier obtains such a permit or bond prior to or during the transportation of the lading, the cost thereof, including telephone or transmitting expenses, plus a service fee, shall be charged to the party responsible for the freight charges.

ITEM 370

PACKING AND BRACING

All freight loaded by the shipper shall be properly packed and braced on motor vehicle by the shipper to protect against damage during the course of normal transportation.

ITEM 380

PERMITS ORDERED IN ADVANCE OF MOVEMENT
(See Note A)

When carrier is requested to furnish equipment at a designated point, and based on information supplied by the party ordering such equipment, the shipment will require special permits from State, County, or municipal regulatory bodies for the movement thereof, such permits may, at the option of the carrier, be purchased in advance of the movement and on the basis of information supplied by the party ordering such equipment, subject to the following provisions:

1. If, after arrival of carrier's equipment at the place designated by the shipper, shipper fails to tender a shipment (through no fault of the carrier), carrier will charge the shipper the total amount of such permits purchased, plus a service fee for each separate permit purchased to cover the cost of procuring such permits. Such charges will be in addition to all other applicable tariff charges.
2. If, after arrival of carrier's equipment at the place of loading, it is discovered that the shipment does not require special permits {through no fault of the carrier), permits purchased on the basis of information supplied will be charged to the party paying the freight charges plus $35.00 for each permit purchased to cover the cost of securing the permit. Such charges will be in addition to all other applicable tariff charges.

3. If, after arrival of the carrier's equipment at the place of loading, it is discovered that the weight and/or dimensions and/or originally scheduled destination or other information pertinent to the purchase of permits is not in accordance with information supplied in advance of the movement (through no fault of the carrier), and permits must be re-ordered and/or revised, carrier will charge the amount and/or additional amount of each permit, plus a service fee for each revised permit and/or each additional permit purchased. Such charges will be in addition to all other applicable tariff charges.

1. Definition and Requirements:
   "DDPS" is a service that provides the following:
   1. Continuous responsibility attendance and surveillance of a shipment through the use of two {dual) qualified drivers in the same line-haul vehicle, and includes the maintenance of a signature and tally record. Such attendance and surveillance shall prevent all inspections (except those performed by governmental enforcement agencies in their lines of duty), tampering, pilfering, or sabotage, including, insofar as humanly possible, all manner of unusual circumstances, such as wreck, delay, flood, or violent disturbances.
   2. For the purposes of "OOPS" unless otherwise stated herein, when not being driven, a vehicle must be attended at all times by a qualified representative of the carrier. A vehicle is "attended" when the person responsible for the shipment is in the vehicle, awake, not in a sleeper berth or is within 10 feet of the vehicle and has the vehicle within his/her constant, unobstructed view. A qualified representative is a person who is employed by the carrier or the terminal involved in handling of shipments, designated by the carrier/terminal to attend the conveyance, aware of the sensitivity of material moving under DO, knowledgeable of the safety, security, and emergency procedures that must be followed, and is authorized and has the means and capability to move the transportation conveyance.
   3. For brief stops en route, carrier will ensure that the vehicle or shipment is attended.
   4. When circumstances require lengthy stops en route, carrier will ensure that the vehicle is parked only at a carrier terminal, a state or local approved safe haven under 49 CFR, or during emergencies, in a DOD safe haven or refuge location. When a vehicle is parked in a carrier terminal or at a state or local safe haven, a qualified carrier or terminal representative must keep the shipment in view and stay within 10 feet of the vehicle or shipment at all times, or the shipment must be secured in an adequately lighted area that is surrounded by at least a 6-foot, chain link fence and is continuously patrolled by a representative of the carrier or terminal and is under the general observation of a qualified carrier or terminal employee at all times. As an alternative, a shipment may be placed in a security cage.
   5. The maintenance of a Signature and Tally Record by the carrier is an integral part of "OOPS". Both the shipper and the carrier shall comply with the requirements of SIGNATURE AND TALLY RECORD SERVICE on all shipments for which "DDPS" is requested and provided. (NOTE: Both drivers are required to sign the Signature and Tally Record (DD Form 1907) when they assume initial responsibility for the shipment.)
   6. Single line-haul.
   7. No trip lease authorized.
   8. The vehicle conveying the shipment upon which "DDPS" is requested must remain connected with the power unit (tractor) during shipment except when stopped at a Department of Defense (DOD) activity/contractor for loading/unloading; at a carrier terminal for servicing: at a carrier-designated point where the driver(s) maintain(s) continuous attendance and surveillance over the shipment while disconnected; at a state or local safe haven location which meets the terminal security standards of {d) above; or, in emergencies, at a DOD safe haven or refuge location.
   9. Driver ID requirements: Carrier must insure drivers employed to handle sensitive shipments requiring "OOPS" carry a valid driver's license and a medical qualification card, employee record card or similar documents, one of which must contain the driver's photograph. From the documents provided, shippers must be able to verify the driver's affiliation with the carrier named on the bill of lading.
   10. The tractor moving a "DDPS" shipment must be equipped with a working mobile communications unit, such as a citizens band (CB) radio unit or a mobile telephone unit, capable of contacting state/local law enforcement personnel for the purpose of seeking assistance, and both drivers must be capable of using the unit to make the contact.
   11. Carrier must be able to trace a shipment in less than 24 hours.
   12. Carrier or his/her agent will notify the consignee by telephone if shipment cannot reach consignee within 24 hours of the agreed-upon delivery date.
   13. Drivers moving shipments on which "OOPS" is requested will be instructed by the carrier on how to obtain DOD safe-haven/refuge, state and local law enforcement assistance, and actions to take to comply with the requirements listed in Paragraphs 1 a through 1l above.
2. Annotation:
   When "DDPS" is required for a shipment, the shipper shall notify the carrier in advance of the requirement, and annotate on the bill of lading:
   
   "Dual Driver Protective Service requested.
   Signature and Tally Record (DD Form 1907) furnished to carrier."
   
   "DDPS is a service that provides the following:
   
   
3. Charges:
   In addition to all rates and charges for transportation, shipments for which DDPS is provided by carrier at shipper's request will be subject to an additional charge of $0.75 per mile, subject to a minimum charge of $250.00 per vehicle.

PART C - MOTOR SURVEILLANCE SERVICE

1. Definition:
   Motor Surveillance Service (hereinafter referred to as "MSS") is a service used in the motor movement of selected security-sensitive items. The purpose of MSS is to provide shippers with visibility of their shipments from point of origin to final destination.
2. Requirements:
   When "MSS" is required on a shipment, the shipper shall notify the carrier in advance and annotate the bill of lading as follows:
   
   "Motor Surveillance Service requested. Carrier to call (enter duty or 24-hour non-duty telephone number of shipper or other designated POC) (enter desired time interval) hours thereafter to provide shipment location. Carrier will place final call upon delivery at the destination."
   
   Where "MSS" is requested, carrier's drivers or dispatchers will contact the designated telephone number annotated on the Government bill of lading at the time intervals specified, and provide vehicle location.
   
3. Charges:
   In addition to all rates and charges for transportation, shipments on which Motor Surveillance Service is provided will be subject to a charge of 75¢ per mile when calls are required every eight (8) hours or a charge of 5¢ per mile when calls are required every twelve (12) hours. Either charge will be subject to a minimum charge of $250.00 per shipment.

PART D – SIGNATURE AND TALLY RECORD SERVICE

Carrier shall provide Signature and Tally Record Service (hereinafter referred to as "STR") upon request of the consignor, subject to the following definition, requirements, and charges:

1. Definition and Requirements:
   "STR" is a service designed to provide continuous responsibility for the custody of security-sensitive shipments in transit. It requires a signature and tally record from each person responsible for the proper handling of the shipment at specified stages of its transit from origin to destination.
2. Requirements:

   1. Shipper or his agent must place and sign the following annotation on the bill of lading:
      
      "Signature and Tally Record requested. DO Form 1907 furnished to carrier."
      Date:                      Signature:                                                  Title:                                        
      
      
   2. Form: DO Form 1907, Signature and Tally Record, provided by the shipper, will be used as follows:
   3. When "STR" is requested by the shipper and the signature and tally record is furnished, carrier or his/her agent will require each person responsible for the shipment, such as the terminal manager, pickup, delivery, and road drivers, and dock foreman, to personally sign the signature and tally record and will secure signature in the space provided on the form from the consignee or his/her agent upon delivery.
   1. Driver(s) are required to sign the DO Form 1907 when they assume initial responsibility for the shipment.
   2. In terminal areas, the vehicle containing the ST shipment must be under the control of the last person signing the DO Form 1907.
   3. When ST is used with Dual Driver Protective Service (OOPS), both drivers are required to sign when they assume responsibility for the shipment.
   4. Tracing: Carrier must be able to trace a shipment in less than 24 hours upon request.
3. Charges:
   In addition to all rates and charges for transportation, shipments on which "STR" is provided at shipper's request will be subject to a charge of $25.00 per shipment.
4. A separate charge for Signature and Tally Record Service will not be billed when a higher protective security service is charged, which includes the requirement for Signature and Tally Record.

ITEM 440

SPECIAL CLEARANCE/PERMIT APPLICATIONS DUE TO EXTREME DIMENSIONS AND/OR WEIGHT

When a shipment, because of extreme dimensions and/or weight, requires that a special application be filed with a state, Federal, or local governmental agency for the purpose of receiving a special clearance or permit to transport such shipment, the actual cost of such application and any attending charges (see note) plus a service fee of $35.00 shall be billed to the party responsible for paying the transportation charges. Such charges are in addition to any charges applicable in connection with Items 350 or 360.

NOTE: "Attending Charges" include, but are not limited to, engineering costs, bridge or road reviews, insurance bonding, route surveys, monitoring and/or inspection of shipment by governmental authorities.

ITEM 450

1. The bill of lading must show that point or points at which the shipment is to be stopped for partial loading, unloading, split pick-up or split delivery together with complete description of the kind and quantity of freight to be loaded or unloaded at each point and the name and address of the party from whom each portion is to be received or to whom each portion is to be delivered.
2. Except as otherwise specifically provided, the charges for each stop exclusive of original pick-up and final delivery shall be $100.00 for the first stop, $150.00 for the second stop, $200.00 for the third stop and $300.00 for each additional stop, which charges shall be in addition to all other applicable charges.
3. Except as otherwise specifically provided, the applicable rate for the shipment shall be the rate in effect on date of shipment from initial point of origin to final destination.
   1. RATES OTHER THAN MILEAGE OR DISTANCE RATES – When specific rates in cents per cwt or in dollars are published on the commodity transported for initial point of origin to final destination, and the distance via the stop-off point or points exceeds the shortest highway distance, initial point of origin to final destination, the following method shall be used to calculate the extra charge for those excess miles caused by the stop-off point or points.  All such miles exceeding the shortest highway distance will be charged for at a rate per mile equal to the cents per mile generated by dividing the truckload charge provided for in the specific rate by the short line mileage applicable to the origin and destination shown in such rate item.
   2. MILEAGE OR DISTANCE RATES – The rate to apply when mileage or distance rates are used, is the rate in effect on date of shipment on the commodity transported from initial point of origin to final destination via the stopping-in-transit point or points.
4. The weight on which charges will be determined shall be the weight at point of origin except that when a shipment is partially loaded in transit, the weight of the freight loaded in transit will be added to the weight at point of origin, but in no event shall the total weight on which charges are assessed be less than the minimum weight applicable in connection with the rate used.
5. The substitution of other property for that which was originally loaded or in exchange of contents at a point or place of stop-off is prohibited.
6. On shipments stopped in transit under provisions of this item, freight charges must be prepaid.
7. Stops to partially unload will be permitted only at points beyond that at which the last stop for partial loading is made.
8. Layover charge: $250.00 applies when carrier travels less than 250 miles between stop-offs and is required to wait overnight to complete loading or unloading.

1. Storage charges shall commence the first 7:00 a.m. after the tender of the freight for delivery and will include all calendar days, after owner of the freight has been notified by telephone that the shipment is available for delivery when carrier has been instructed to hold disposition
2. Storage charges shall be assessed as follows
   

   Type of Equipment	Charge per Day (or fraction thereof)
   Van/Standard Flatbed & Single-Drop Trailers	$75.00
   Standard Double-Drop & Removable Gooseneck Trailers	$125.00
   Special Equipment (see NOTE)	$250.00

3. Shipments will be stored at nearest available location as determined by carrier.  When a shipment is ordered into storage, an additional charge of $1.65 per mile will be accessed for all additional miles required to reach said location and to effect the eventual delivery subject to a minimum of $250.00.
4. Freight will be stored on the carrier’s equipment, or, at carrier’s option, it will be placed in a public warehouse.
5. Storage charges shall be in addition to all other charges and Carrier’s liability will be that of a warehouseman.
   
   NOTE: The term "special equipment" shall include any of the following:
   1. Trailers with three or more axles or expandable trailers.

ITEM 490

SUBSTITUTED SERVICE – RAIL FOR MOTOR

1. Carrier may, at its option, substitute rail service for all or any portion of its authorized service.
2. Shipper may reserve the right to direct that in a particular instance substituted service may not be used.  In such cases, shipper must provide notation to this effect on the original bill of lading at time of shipment.

ITEM 500

SUPERVISION OF LOADING, UNLOADING, AND/OR TRANSPORTATION

When supervision of loading, unloading, and/or transportation of a shipment is requested by the shipper or consignee, the charge for furnishing such supervision shall be $20.00 ($25.00 for legal holidays and Sundays) per hour, or fraction thereof, per supervisor. In addition, the cost of supervisor's transportation to and from the place or places where such supervisor is required will be included in the total charge for this service.

ITEM 510

TARPING OF SHIPMENTS

At the request of the shipper or consignee, carrier will tarp shipments, subject to an additional charge as specified below:

Tarp charges shall be assessed as follows:

NOTE: Stop-offs in transit that require re-tarping will be further subject to a charge of $50 per stop-off. "Spot pricing" is required when shipments exceed 13'6" in overall height from ground and/or 12'0" in width, and/or require overlength permits.

ITEM 520

TERMINAL CHARGES AT PORTS

Except as otherwise provided, rates do not include the cost of loading, unloading, handling, wharfage, or other terminal charges at ports of entry as are assessed by steamship, barge, or wharf companies. When such charges are assessed, they will be paid by the carrier and will be shown on the freight bill as advance charges which are to be collected in addition to all other applicable charges.

ITEM 530

TERMINAL AREAS

Where reference is made to this item, the carrier's terminals are as shown:

TOLLS: BRIDGE OR TUNNEL CHARGES

Rates named in this tariff do not include toll charges in connection with the following bridges or tunnels:

Bridges not named will be charged at the actual cost incurred subject to a minimum of $15.00 per occurrence.

ITEM 550

TOWAWAY SHIPMENTS

ITEM 570

VEHICLE FURNISHED BUT NOT USED

1. When carrier is requested to furnish equipment at a designated point and such equipment is furnished but not used (through no fault of carrier) or if, after arrival of carrier’s equipment at the place of loading designated by the shipper, shipper fails to tender a shipment for transportation or informs the carrier that shipment will not be tendered, a charge of $1.95 per mile will be made for movement of each unit of equipment ordered, subject to a minimum charge of $350.00 per trailer ordered and not used.  Distance will be computed as provided in Item 130 from point of dispatch to the point designated by shipper as the place of loading and mileage to the next point of loading.
2. Charges for waiting time or detention of carrier’s equipment shall be applicable in connection with equipment ordered but not used as contemplated in this item.
3. MC 286926: If, after expiration of 2 hours from the time of arrival of carrier’s equipment, shipper has not tendered a shipment for transportation or furnished carrier with specific information respecting the tender of shipment, carrier’s equipment shall be considered released by the shipper.
4. MC 290227: If, after expiration of 6 hours from the time of arrival of carrier's equipment, shipper has not tendered a shipment for transportation or furnished carrier with specific information respecting the tender of shipment, carrier's equipment shall be considered released by shipper and shall be returned to the nearest terminal (see Item 530), as provided in Paragraph (a) hereof.
   
   EXCEPTION: The minimum charge will be $500.00 in lieu of $350.00 when equipment is furnished to accommodate shipments in excess of 70,000 pounds and/or 12 feet in width, and/or 14 feet in overall height (from ground), and/or 85 feet in overall length.

ITEM 580

WEIGHTS AND WEIGHING

Shipments will be weighed by the carrier where facilities for weighing are available at origin or destination, or at a point on the route of movement.  If facilities for weighing are not available shipper may furnish the carrier with a statement in writing, indicating the actual gross weight of the articles tendered for shipment.  Such statements shall be evidence of the weight of the shipment subject to correction.

On shipments transported in steamship containers, with or without chassis or trailers, it shall be the responsibility of the shipper, consignee, or their designated agent, to determine the legal gross weight of the states through which the shipment must traverse. In the event the shipment exceeds the legal gross weight, the fine for such citations shall be paid by whoever is responsible for authorizing the shipment to be transported.

ITEM 590

WEIGHTS - GROSS WEIGHTS AND DUNNAGE

Unless otherwise specifically provided, charges shall be computed on the gross weight of the shipment, including the weight of blocking, bolsters, bracing, bearing pieces, cradles, flooring, lining, racks, skids, stakes, standards, strips, supports or metal ties, or other similar bracing, dunnage or supports, not constituting a part of the package or vehicle. When such material is used to protect shipments, it will be furnished by the shipper.