Графични страници
PDF файл
ePub

[FREIGHT TARIFFS AND CLASSIFICATIONS.]

I. C. C. No. —." When such specific reference to list of articles embraced in the term is given, the several articles so embraced need not be indexed separately.

Tariff must contain all rates on commodities included in tariff and between same points. A tariff on a single commodity, or a few commodities, shall contain all of that carrier's commodity rates on such commodity or commodities applying from any point of origin to any point of destination named in the tariff. If there be not more than ten such commodities, they may be named on the title-page of the tariff.

Alphabetical arrangement of rates to each destination.-If all of the commodity rates to each destination in the tariff are arranged alphabetically by commodities, and plain reference thereto is given in table of contents, further or other index of commodities may be omitted from that tariff, provided that, if the issuing carrier, or a participating carrier, has in other tariff or tariffs commodity rates applying from any point of origin to any point of destination named in the tariff, a complete list in alphabetical order by commodities of such other tariffs, together with description of character of traffic, territory or points of origin and of destination, and the I. C. C. numbers of tariffs containing such commodity rates shall be shown in the first part of the tariff and shall be specifically referred to in the table of contents.

Commodity rate not indexed is not a lawful rate.-Excepting such as appear in a tariff or a supplement to a tariff which does not require an index, a commodity rate that is not included in the index will be treated as not having been published and can not lawfully be used.

(d) Index of stations.-Alphabetically arranged and complete index of stations from which the tariff applies and alphabetically arranged and complete index of sta tions to which the tariff applies, together with the name of State in which located. If there be not more than twelve points of origin and twelve points of destination, they may, if practicable, be shown on title-page of tariff.

Geographical description.-Geographical description of application of tariff may be used only when the tariff applies to or from all stations in one or more States or Territories or when it applies to all points in a State or Territory except those specified. But such list of exceptions for a State may not include more than 30 points. For example, a tariff may state that it applies from all points in New York, Pennsylvania, and New Jersey, and from all points in Delaware except (here give alphabetical list of excepted points), and from the following points in Ohio (here give alphabetical list of Ohio points).

Territorial or group descriptions.-Traffic territorial or group descriptions may be used to designate points to or from which rates named in the tariff apply, provided a complete list of such points arranged by traffic territories or groups is printed in the tariff or specific reference is given to the I. C. C. number of the issue that contains such list. In this list the stations in each traffic territorial or group description shall be arranged alphabetically, and the name or names of roads upon which stations are located must be shown; or all of the stations in traffic territories or groups named in the tariff may be included in one alphabetical index, provided (1) that points of origin and points of destination are shown separately, alphabetically; (2) that the name or names of roads upon which stations are located and the traffic territorial or group description in which they belong are shown opposite the several stations. (e) Reference marks and abbreviations.-Explanation of reference marks and technical abbreviations used in the tariff.

(f) List of exceptions.-List of exceptions, if any, to the classification governing the tariff which are not contained in exception sheets referred to on title-page. (g) Explanatory statements. Such explanatory statement in clear and explicit terms regarding the rates and rules contained in the tariff as may be necessary to remove all doubt as to their proper application.

(h) Rules governing the tariff.-Rules and regulations which govern the tariff, the title of each rule or regulation to be shown in bold type. Under this head all of the rules, regulations, or conditions which in any way affect the rates named in the tariff shall be entered, except that a special rule applying to a particular rate shall be shown in connection with and on the same page with such rate.

No rule shall authorize substituting rate found in any other tariff.-No rule or reg. ulation shall be included which in any way or in any terms authorizes substituting for any rate named in the tariff a rate found in any other tariff or made up on any

[FREIGHT TARIFFS AND CLASSIFICATIONS.]

combination or plan other than that clearly stated in specific terms in the tariff of which the rule or regulation is a part.

Tariff rules and regulations filed and posted may be referred to in other schedules governed thereby.-A carrier or an agent may publish, under I. C. C. number, post, and file a tariff publication containing the rules and regulations which are to govern certain rate schedules, and such publication may be made a part of such rate schedules by the specific reference "Governed by rules and regulations shown in I. C. C. No. -."

A rate schedule may in like manner refer to another schedule for the governing rules and regulations.

A schedule or a publication so referred to must be on file with the Commission and be posted at every place where a schedule that refers to it is posted.

(i) Rates.-The rates, explicitly stated, together with the names or designation of the places from and to which they apply, all arranged in a simple and systematic manner. Complicated or ambiguous plans or terms must be avoided.

Note.-The aim and tendency will at all times be in the direction of uniformity. It is not considered practicable or wise to undertake, at this time, the adoption of a uniform form of stating rates in the several localities where, from peculiarities of conditions and long custom, representatives of carriers and shippers have become well acquainted with certain forms especially adapted to their use and which can easily be made to conform to these general rules. Adoption of a uniform form is a subject of such importance as to warrant the more exhaustive investigation and consideration which is being given to it.

Routes. The different routes via which tariff applies may be shown, together with appropriate reference to application of rates. When a tariff specifies routing the rates may not be applied via routes not specified. A tariff may show the routing ordinarily and customarily to be used and may provide that, if from any cause shipments are sent via other junction points but over the lines of carriers parties to the tariff, the rates will apply.

If a tariff contains no routing directions the joint rates shown therein are applicable between the points specified via the lines of any and all carriers that are parties to the tariff; and shipper must not be required to pay higher charges than those stated in the tariff because the carriers have not agreed divisions of the rates via the junction through which the shipment moves. If agent of carrier bills or sends shipment via a route or junction point that is covered by the tariff but via which no division of the rates applies, it is for the carriers to agree between themselves upon the division of the rates, and the intermediate or delivering carriers may demand from the carrier whose agent so missends shipment their full local rates for the services which they perform. (This must not be construed as conflicting with Rule 70). 5. Rates on through shipment when no joint rates apply. The practice on part of carriers of accepting and transporting through shipments, as to which no joint rate applies, upon rates made up by combination of the rates of the several carriers participating in the movement, and of collecting, as delivering carriers, the aggregate charges of the several carriers upon such shipments, and of accounting to such carriers for their several portions of such charges, is practically universal. That custom has the same binding effect as a joint rate, both as between carriers themselves and as between carriers and shippers. Therefore carriers may apply to through shipments rates to and from stations to and from which there is no applicable published joint rate by using lawfully published bases, locals, or proportionals, in connection with other lawfully published tariffs.

Basing or proportional tariffs must be specific.-Tariffs containing basing or proportional rates must specify clearly the extent and manner of their use, and tariffs that are especially intended for use in connection with published basing rates must show the I. C. C. numbers of tariffs in which bases can be found.

May specify basing point or factors for combination rate.—A carrier may provide in its tariffs that, in the absence of a specific rate from point of origin to destination of a through shipment, combination rate to or via certain points will be made upon specified basing point or points, or by using certain specified tariffs or rates, and the combination rates so specified will be the lawful rate for that shipment. Lowest combination lawful rate.-If no specific rate from point of origin to desti

[FREIGHT TARIFFS AND CLASSIFICATIONS.]

nation of a through shipment is provided, and no specific manner of constructing combination rate for it is prescribed, the lowest combination of rates applicable via the route over which the shipment moves is the lawful rate for that shipment. Combination rate a unit as of date of original shipment. Such combination through rate must be treated as a unit from the date of original shipment to the date of its arrival at destination, and the rate applied must be the combination of the rates which exists upon the date of original shipment. All of the conditions, regulations, and privileges obtaining as to any factor in such combination rate for through shipment at the time of original shipment upon such combination through rate must be adhered to and can not be varied as to that shipment during the period of transportation of such shipment to its final destination. A local or proportional rate "in" can not be absorbed, diminished, or affected by any "out" rate not in effect at the time when the traffic moved upon such local or proportional rate.

6. Limiting use of terms "common points," "grain products," etc.-The terms "common points, "Southeastern territory, or similar terms shall not be used in any tariff for the purpose of indicating the points from or to which rates named therein apply unless a full list of such points is printed in the tariff or specific reference is given to the I. C. C. number of the issue that contains such list.

The terms grain products," "forest products," "petroleum and its products," "cotton-seed products, or similar terms must not be used in any tariff for the purpose of indicating the articles to which the rates apply, unless a full list of the articles intended to be included in and covered by such terms is printed in the tariff or specific reference is given to I. C. C. number of issue that contains such list. Commodity rates must be specific.-Commodity rates must be specific and must not be applied to analogous articles.

7. Commodity rate the only rate that can lawfully be used.-In every instance where a commodity rate is named in a tariff upon a commodity and between specified points such commodity rate is the lawful rate and the only rate that can be used with relation to that traffic between those points, even though a class rate or some combination may make lower. The naming of a commodity rate on any article or character of traffic takes such article or traffic entirely out of the classification and out of the class rates between the points to which such commodity rate applies.

Rates for mixed carloads.-Class rates or commodity rates may be made for specified mixed carloads and will be the lawful rates for such mixtures, even though certain parts of the mixtures are covered by class or commodity rates when shipped separately. (Amended June 9, 1908. See Supp. No. 1 to Tariff Circular 15-A, sec. 8.)

8. Tariff or supplement to tariff shall specify cancellations.—If a tariff or supplement to a tariff is issued which conflicts with a part of another tariff or supplement to a tariff which is in force at the time, and which is not thereby canceled in full, it shall specifically state the portions of such other tariffs which are thereby canceled, and such other tariffs shall at the same time be correspondingly amended in the regular way. It will not be necessary to give on commodity tariff or supplement reference to class-rate tariffs that may be affected, nor to give on class-rate tariffs or supplements reference to commodity tariffs, except as provided in Rule 56. Cancellation must be by authorized agent or by carrier that issued the tariff canceled. An agent who acts under power of attorney is fully authorized to act for the carriers that have named him their agent and attorney, and, therefore, it is permissible for him to cancel by his tariffs issues of such principals. A concurrence, however, does not confer authority upon either carrier or agent to cancel tariffs of concurring carrier, and, therefore, tariffs issued under concurrences may not assume to cancel, or carry notation of cancellation of, tariffs of and issued by concurring carriers. Such cancellations must be made by the carrier that issued the tariff that is to be canceled.

Cancellation notice shall specify where rates will thereafter be found.-When a commodity rate is canceled the cancellation notice must show where rate will thereafter be found, or what rate will thereafter apply. For example: "Rate in

I. C. C. No.

[FREIGHT TARIFFS AND CLASSIFICATIONS.]

will apply,'

22 or "Class rates will apply," or "Combina. tion rate will apply," or "No rates in effect."

If a tariff is canceled with the purpose of applying in lieu thereof the rates shown in some other tariff, the cancellation notice shall make specific reference to the I. C. C. number of tariff in which such rates will thereafter be found. Cancellation of a tariff also cancels supplement to such tariff, if any in effect. If a tariff is cancelled by the issuance of a similar tariff to take its place, cancellation notice must not be given by supplement, but by notice printed in new tariff, as provided in paragraph (b) of Rule 3. (Amended June 27, 1908. See Supp. No. 1 to Tariff

Circular 15-A, sec. 9.)

9. Amendments and supplements.-A change in or addition to a tariff shall be known as an amendment, and, excepting amendments to tariffs of less than five pages, shall be printed in a supplement to the tariff and shall refer to the page or pages or item or items of the tariff which it amends.

If there are more than ten participating carriers it is not necessary that supplement shall contain reproduction of the list of participating carriers shown in the tariff. Supplement may show that the list of participating carriers is "as shown in the tariff, except" (here show all additions to and eliminations from the original list that are effected by the supplement, or that have been effected by previous supplements, each alphabetically arranged).

No more than two supplements at any time.-Supplements to a tariff shall be numbered consecutively as supplements to that tariff and not be given separate or new I. C. C. numbers. There shall at no time be more than two supplements in effect to any tariff. Each supplement shall specify the supplement or supplements which it cancels, and shall also show on title-page what supplements are in effect and that such effective supplements contain all changes. For example: "Suppleto I. C. C. No. "Cancels Supplements Nos. "Supplements Nos.

ment No.

[ocr errors]
[ocr errors]

and

and are in effect and contain all changes."' The term "cancels conflicting portions" must not be used. An amended item must always be printed in supplements in its entirety as amended, and the items in each supplement shall be assembled under two general heads:

(a) "Additions, cancellations and changes effected by this supplement.”—Under this head, and under appropriate subheadings if desired, shall be shown all of the additions, cancellations and changes effected by the supplement, each arranged alphabetically by commodities, or principal commodities of group items. If the change is in a class rate or a group rate or rule that applies to a group of points the change may be shown in this part of supplement by stating the name of the affected point together with reference to the item or page number of other part of the supplement where change is shown in the regular order of arrangement of the publication.

(b) "Reissued Items."-Under this head will be assembled in same order reissued items brought forward without change from former supplements.

Show effective date of reissued items and I. C. C. reference.-A tariff or a supplement which contains reissued items must not bear the notation "effective at once, except as noted" but instead must bear the notation "effective except as noted in individual items." Example: "Issued except as noted in individual items." Reissued items must bear notation "Effective [date upon which item became effective] in I. C. C. No. -;" or "in Supplement No.

to I. C. C. No. "

Effective

Items reissued from publications that were on file prior to May 1, 1907, may show last date and reference prior to May 1, 1907.

Amount of matter supplement may contain.-A tariff of less than 5 pages can have no supplement. Tariffs of 5 to 20 pages, inclusive, may have supplement of 2 pages, exclusive of title-page and index; 21 to 30 pages, inclusive, supplement of 4 pages, exclusive of title-page and index; 31 to 40 pages, inclusive, supplement of 8 pages, exclusive of title-page and index, and 41 pages or over, supplement of twenty-five per cent, exclusive of title-page and index, of the number of pages in tariff, exclusive of indices.

Tariff must be reissued.-When the effective supplements to a tariff have, in the

[FREIGHT TARIFFS AND CLASSIFICATIONS.]

aggregate, attained the proportions specified, the tariff must be reissued before further amendments may be made.

If a tariff provides that it shall be reissued periodically at specified times, not more than six months apart, and such provision is strictly observed, the supplement to such tariff may contain all amendments made thereto between such specified dates for reissue.

Index to supplement.-A supplement of four pages or over will also contain an index of its contents similar to the index to the tariff to which it is a supplement. Supplements to tariffs that are filed and not yet effective. If a tariff is filed on statutory notice which cancels another tariff which is in effect, and after such filing and prior to the effective date of such cancellation a supplement to the tariff so canceled is lawfully issued, that supplement can not continue in effect for the thirty days required by law because the cancellation of the tariff also cancels supplements to it. In such a case if the supplement contains any change that is not already included in the tariff that is to become effective it must be issued as a supplement both to the tariff then in effect and to the tariff that is on file and that effects such cancellation, and must be given both I. C. C. numbers. In other words, the supplement must supplement each of the tariffs, and copies must be filed accordingly.

No such supplement to a tariff that is on file and not yet effective may contain any changes not lawfully made by supplement to the tariff which is canceled by the tariff that is on file and is so supplemented; and no other supplement to a tariff that is on file and not yet effective may be made without special permission.

Withdrawal and adoption of tariffs when one carrier is absorbed by another carrier. -In case of change of ownership or control of a carrier the carrier whose line is absorbed, taken over, or purchased by another carrier shall unite with that other carrier in common supplements to the tariffs on file with the Commission, on the one hand withdrawing and on the other hand accepting and establishing such tariffs and all effective supplements thereto. Such common supplements shall be executed jointly by the traffic officers of both the old and the new carriers, shall be numbered consecutively as supplements to the tariffs (whether of five pages or less) to which they are directed, and may be made effective on five days' notice to the public and the Commission by noting thereon reference to this rule. Amendments to such tariffs must thereafter be filed in consecutively numbered supplements thereto until the tariffs are reissued. New tariffs reissuing or superseding these shall be numbered in the I. C. C. series of the new carrier. (Amended July 1, 1908. See Supp. No. 1 to Tariff Circular 15-A, sec. 10.)

10. Tariffs showing terminal charges, diversion, reconsignment, transit privileges.— Each carrier shall publish, with proper I. C. C. numbers, post, and file separate tariffs which shall contain in clear, plain, and specific form and terms all the terminal charges and all allowances, such as arbitraries, switching, icing, storage, elevation, diversion, reconsignment, transit privileges, and car service, together with all other privileges, charges, and rules which in any way increase or decrease the amount to be paid on any shipment as stated in the tariff which contains the rate applicable to such shipment, or which increase or decrease the value of the service to the shipper. Such tariffs must stipulate clearly the extent of such privileges and the charges connected therewith, and shall also state whether or not the rate published by the initial carrier from the point of origin to ultimate destination will apply. If the through rate does apply it must be as of the date of shipment from point of origin. If such privilege is granted or charge is made in connection with the rate under which the shipment moves from point of origin, the initial carrier's tariff which contains such rate must also show the privilege or the charge or must state that shipments thereunder are entitled to such privileges and subject to such charges according to the tariffs of the carriers granting the privileges or performing the services.

Distance tariff may be used when no other rates provided. It is permissible for a carrier, or for two or more carriers that are operated under one general traffic official, to issue a distance tariff for use in determining rates on its, or their, own lines, but only in cases where no other rates are provided. Such tariff must bear on its title-page the following notation:

'Rates shown herein may be used only when no other rates apply. When

« ПредишнаНапред »