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SECTION C.-Delayed or Improper Notice.
1. When notice of arrival does not contain all the information specified in Rule 2, Section A, the consignee shall not have the right to call in question the sufficiency of such notice unless within the prescribed free time, he shall serve upon this railroad's agent a written request for the omitted information required, in which event the time between receipt of such request and the furnishing of the omitted information will not be computed against the consignee.
2. When claim is made that a mailed notice has been delayed, the postmark thereon shall be accepted as indicating the date of the notice.
3. When a notice is mailed by carrier on Sunday, a legal holiday, or after 3:00 P. M. on other days (as evidenced by the postmark thereon), the consignee shall be allowed five hours additional free time, provided he shall mail or send to the carrier's agent, within the first twenty-four hours of free time, written advice that the notice had not been received until after the free time had begun to run. In case of failure on part of consignee so to notify carrier's agent, no additional free time shall be allowed.
4. In case of failure by carrier to send or give notice in accordance with the provisions of Rule 2, Section B, no storage charges will be assessed against the consignor between the date on which the notice should have been sent or given and the date on which it was actually sent or given.
5. When an order giving disposition of a shipment is sent to this railroad by United States mail and the order is not received by the addressee, such order shall be considered received as of the date it should have been delivered, provided proof is furnished by the claimant that the order was deposited in the mail properly stamped and addressed on the date claimed. In such event, storage charges shall not be assessed against the shipment during the time this railroad was unable to make delivery by reason of non-receipt of the order.
SECTION D.—Error of any Railroad which Prevents Proper Tender or Delivery.
Under this rule storage will be charged on the basis of the amount that would have accrued but for such error.
SECTION E.-Delay by United States Customs.
When, as the result of the act or neglect of any carrier, cars loaded with explosives or other dangerous articles as described in Rule 6, originating at the same point, moving via the same route and consigned to one consignee at one point, are bunched, or when cars originating at different points and transported via the same route from an intermediate common point to destination are bunched after arriving at the common point (in which event the dates of arrival of the cars at common point will govern in determining the bunching instead of the dates of shipment), and are tendered for delivery by this railroad in accumulated number in excess of daily shipments, the consignee shall be allowed such free time as he would have been entitled to had the cars not been bunched; but when any ear is released before the expiration of such free time, the free time on the next car will be computed from the first 7:00 A. M. following such release; provided, however, no allowance will be made unless claim is presented in writing to this railroad's agent within thirty days after the date on which bill for storage is rendered, supported by the receipted bill as evidence of payment of the storage as originally charged and a statement showing date and point of shipment of each car involved in the bunching claim.
NOTE.—Under this rule, cars moving from different points and/or via different routes to destination and arriving on different dates will be considered bunched if tendered for delivery on one day, and such free time shall be allowed as the consignee would have been entitled to had the cars been placed or tendered for delivery in the order of their arrival.
In the great harbors of the United States and foreign countries, freight is handled on lighters, barges, scows and floats. This is known as lighterage service. The following equipment is used in lighterage service:
Barges.-Stow barges are constructed in the form of an oblong with a flat bottom and carry cargo in the hold and/or on deck. Many scow barges are equipped with boom and hand-winch power. Barges are made of wood or steel, steel construction being introduced in 1906.
Oil barges are used for the conveyance of oil in bulk. In construction they are similar to the scow barge, except that they are divided into compartments by bulkheads. Barges of similar construction are used for carrying acids, tar, asphaltum, etc. Modern oil barges are equipped with pumps for discharging cargo.
Covered barges are similar in construction to the scow barge, except that the deck is covered by sides, ends and roof. They are used in handling freight that requires protection against weather, losses, etc.
Refrigerator barges are similar in construction to the covered barge, except that they are equipped with proper paraphernalia and insulation to protect goods against heat or cold.
Steam hoisting barges are similar in construction to the scow barge, except that they are equipped with steam hoisting engines to provide for expeditious and economical handling of freight.
Tug Boats.--Tug boats are small self-propelling boats used to tow or move other boats, lighters, barges, etc. They are constructed of wood or steel.
Carfloats.-Carfloats are large flat-bottomed boats equipped with tracks on which railroad cars, loaded or empty, are moved across bodies of water. Cars are placed on and removed from carfloats over a float bridge equipped with tracks and connecting the tracks on the carfloats with the tracks on land. Carfloats were first used in 1866.
Floating Hoisting Derricks.-Floating hoisting derricks are similar in construction to scow barges, except that they are equipped with hoisting derricks to be used in lifting articles of extremely large bulk or heavy weight.
Floating Elevators.-Floating elevators consist of a hull which carriers a marine leg and a system of discharging spouts and is used to transfer grain between barges and ships.
Lighters.--Lighters are boats ranging in construction all the way from small barges or scows to steam lighters with powerful derricks, many of which are selfpropelling.
Ferries.—Passenger-car ferries are boats equipped with rails for transferring passengers in cars across bodies of water.
Passenger ferries are boats used for transferring passengers and/or vehicles across bodies of water.
The principle of lighterage service is practically the same at all of the port cities of the United States, there being differences only in the details of services and charges. New York is our largest port city and this treatise on the subject of lighterage will deal with the services at that port.
The area of New York Harbor within which the carriers perform lighterage service under lighterage charges, rules and regulations is called "Lighterage Limits.”
The area of New York Harbor within which the carriers perform lighterage FREE LIGHTER- service without any charge additional to the freight rates applying to or from New
York Harbor cities is known as "Free Lighterage Lingits.'
Freight handled to or from points outside of the "Free Lighterage Limits" and freight which is not entitled to "free lighterage” are subject to extra charges when handled in lighterage service.
The lighterage district of New York Harbor is divided into several sections by the Hudson and East rivers and New York Bay. These are the Manhattan Island and Bronx sections, located between the East River and the Hudson River (North River); Long Island section, comprising Long Island City and Brooklyn; Staten Island section, comprising the eastern and northern parts of Staten Island; and the New Jersey section, comprising Bayonne, Jersey City, Hoboken, Weehawken and Undercliff.
The New York Central Railroad's rail terminals are in the Manhattan Island section; the New York, New Haven & Hartford Railroad's rail terminals are in the Bronx section, and the Long Island Railroad's rail terminals are in the Long Island section. The rail terminals of all of the other railroads are in either the New Jersey section or Staten Island section.
Transportation between the various rail terminals and receiving and delivering points in New York Harbor is completed by means of carfloats, barges or lighters.
On account of the difficulty of securing space there are comparatively few team tracks on Manhattan Island; most of the freight delivered or received by the carriers on Manhattan Island or in Brooklyn is handled at piers which are located at frequent intervals along the water-front. These piers are of three classes: those operated by the carrier, known as “Pier Stations”; those owned and operated by the City of New York, known as “Public Piers," and those owned and operated by shippers, known as "Private Piers.” Private piers and public piers are customarily referred to by the carriers as "Outside" piers.
The transportation rates, both carload and less, to or from New York Harbor
cities (New York, Brooklyn, Long Island City, Jersey City, Bayonne, etc.) usually RATES TO AND apply to or from the regular receiving and delivering stations (within free lighterage YORK HARBOR limits) of the carrier via which the freight moves to or from the New York Harbor CITIES
cities. The rates on some articles, however, may be restricted to apply only to or from certain stations.
RATES TO AND
In the case of freight originating at or destined to "outside" stations in New York Harbor, that is, stations other than those of the carrier via which the freight moves into or out of the New York Harbor cities, the transportation rate usually includes lighterage service between such sections and the rail terminal of such carrier as to carload freight, an extra charge being made on less-than-carload freight, except that in some cases no charge is made on eastbound less-than-carload freight, entitled to free lighterage in carload lots, when received in the same car with a carload or more of “lighterage free” freight for the same consignee, for delivery at the same point and at the same time.
Lighterage to or from "outside" stations may be performed only when the shipper or consignee arranges with the owners or occupants of such stations for the use thereof. The carriers do not undertake the making of such arrangements for the shipper or consignee.
To determine whether or not transportation rates to or from New York Harbor cities include lighterage within "Free Lighterage Limits," it is usually necessary to consult the Lighterage Tariff of the carrier via which the freight is to move into or out of the New York Harbor cities, as the tariffs containing the transportation rates do not contain the lighterage charges, rules and regulations, but as a rule simply give reference to the Lighterage Tariff where such information is found. If a transportation rate is published to New York (Pier 27, North River), N. Y., that is understood to mean that the rate applies to Pier 27 only and does not include delivery to any other pier or station. Likewise, if a rate is published from New York (Pier 27, North River), N. Y., that is understood to mean that the rate applies only from that pier.
In preparing bills of lading for shipments consigned to New York Harbor cities the shipper should specify the exact pier or landing at which delivery is to be made, such as “Brooklyn (Bush Docks), N. Y.," "New York (Pier 27, North River), N. Y.,"
etc. This insures proper and prompt delivery. In all cases the street address of PG SHIPMENTS the consignee should be shown. There are no stations known as New York, Brooklyn, HARBOR CITIES Jersey City, Long Island City, etc., and when shipments are not consigned to a
specific station, pier, landing place or vessel, they are usually forwarded by the carriers to their rail termini and there held for orders from the consignee or owner.
The location or the physical conditions of a freight station, the nature of the articles, size of the article (weight, length, breadth, height), the manner in which the article is packed, etc., requires restrictions as to the handling by lighter in New York Harbor. Some freight stations are equipped to handle heavy pieces of machinery, marble or steel to or from team tracks, while others are not. Facilities may be had at one point, and not at another, to handle freight; in bulk, in closed equipment, in open equipment, in bundles, in packages weighing less than 15 pounds, or individual pieces in excess of 4,000 pounds or in excess of 30 feet in length, inbound shipments, outbound shipments, fruits and vegetables, coal, lumber, livestock, carload freight or less-than-carload freight, export or import freight, loading or unloading by shipper, articles in paper bags, explosives and other dangerous articles, grain to be graded or inspected, and other conditions, all established after a close study of the facilities, location, etc., of a station.
The restrictions on the handling of freight to and from stations is specified in the Lighterage Tariffs of the carriers. These restrictions are established when it has been ascertained that such restrictions are necessary on account of the facilities of the station.
The list of the regular receiving and delivering stations, and the charges, rules and regulations governing the handling of freight in lighterage service within lighterage limits of New York Harbor, are published in separate and individual issues of the carriers terminating at New York Harbor, known as “Lighterage Tariffs.” These lighterage tariffs are usually reproduced in Eastbound Guide Books as a matter of information. Although published in separate tariffs, the lighterage charges, rules and regulations of the carriers are very similar, if not uniform.
The following are some of the most important charges, rules and regulations applying at New York Harbor, but do not purport to be in exact accord with the lighterage tariffs of all the carriers.
“Station" in Rule 14 of Official
Rule 14 of the Official Classification provides as follows:
“Carload ratings or rates apply only when a carload of freight is shipped from one station, in or on one car,except as provided in Rule 24, Official Classification, in one day, by one shipper for delivery to one consignee at one destination. Only one bill of lading from one loading point and one freight
bill shall be issued for such carload shipment. The minimum carload weight provided is the lowest Definition of Word weight on which the carload rating or rate will apply."
The term "station" in the foregoing rule will be construed to mean the shipping point or station Classification at which the freight is delivered to the railroad company by the shipper for transportation.
On westbound shipments delivered to lighters, barges or car floats at points in New York Harbor, other than established carriers stations, freight will be received as per Rule 18. (See Note.)
NOTE.—The carload rate will not be applied on less-than-carloads shipments delivered to lighters or barges for consolidation at railroad termini.
On one consignment of import freight which equals or exceeds the minimum carload weight,
arriving at New York, Brooklyn, Jersey City or Hoboken, on one vessel, for which forwarding orders Exception to Rule are given at the time by one shipper or forwarder to the railroad, consigned to one consignee and Classification destination, and for the convenience of the railroad, the lighter, car float or car is removed from
the pier or terminal on which the property has been discharged, before receiving the entire quantity specified in the order, the remainder of the shipment will be forwarded at carload rate assessed on the original shipment.
The railroad's marine equipment in New York Harbor includes several enclosed barges fitted to protect perishable freight in warm weather by refrigeration and in cold weather by heat. These
barges are employed in lightering import or export perishable freight between the railroad termini Lighterage of Perishable Freight and steamships or piers to the extent that such barges may be available. The railroad does not
guarantee absolute protection, but undertakes by this means to avoid, so far as practicable, loss of or damage to perishable traffic and makes no extra charge for heat or refrigeration.
Basis for Computing Allowance for Lighterage or Car Floatage Service
The deduction from the rate to be allowed to the railroad for lightering "lighterage free" freight within the free lighterage limits in New York Harbor shall be computed upon the actual weights of shipments (subject to the minimum carload weights of the Official Classification), at 3 cents per 100 pounds, or 60 cents per ton, net or gross, as rated.
On shipments that may be accepted "lighterage free" a minimum of $6.00 must be allowed in billing for lighterage services.