35 Allowances for LIGHTERAGE An allowance for actual cost, not to exceed 15 cents per net or gross ton as rated, may be made to consignors or consignees within lighterage limits for loading or unloading "lighterage free" freight to or from railroad lighters or barges, when such service is performed by consignors or consignees. Shippers or consignees at points beyond lighterage limits must, when required, furnish all labor necessary to load or unload lighters or barges, or cars on floats, for which service an allowance of 15 cents per ton, subject to minimum of $2.50 per car, will be made. All westbound traffic except the heavy and bulky articles as enumerated below and designated in Rule 37, shall be handled by the railroad's own equipment. The articles, in bulk, which may be handled westbound by outside equipment, are as follows: Clay. Magnesite. Scrap Iron. Spent Oxide. Spiegel Eisen. Spiegel Iron. in lots of 50 tons or more, with allowance to outside lighters of 35 cents per ton, net or gross, as rated, for service of lightering only, or 60 cents per ton, net or gross as rated, if lightering, shoveling, hoisting and trimming in car is done at expense of the lighter. Borax or Boracic Acid, in bulk or in packages, in carloads, may be handled westbound by outside equipment, and an allowance of 3 cents per 100 pounds will be made. 37 Allowances, etc., to Outside Lighters for Lightering Heavy Articles The following are the maximum allowances per net or gross ton, as rated, to be made to outside lighters for handling heavy articles weighing 3 tons or over, to apply on both eastbound and westbound shipments, any balance of same shipment (pieces weighing less than 3 tons each) handled by outside lighter at the same time, may be paid for at regular lighterage rate, not exceeding 3 cents per 100 pounds. Pieces weighing up to 3 tons.. Pieces weighing over 3 tons and up to 20 tons. Minimum payment for any one delivery containing single pieces $0.03 per 100 pounds. 1.10 per ton. 20.00 Shipments of heavy articles, any piece of which weighs more than 35 tons, will be subject to such allowances as may be arranged for with the railroad in each particular case. Street car bodies or street cars, complete with trucks or motors, and empty tank cars, 3 cents per 100 pounds, plus $15.00 per street car or street car body, and empty tank car with a minimum of $60.00 over and above the regular lighterage allowance of 3 cents per 100 pounds for any one delivery in addition to which extra towing charges beyond the free lighterage limits will be collected, when such service is performed. 38 Import Freight- Import Certificate Each bill of lading and shipping order covering freight entitled to an import rate under this tariff must bear on its face a certificate (stamped impression) in the following form, duly signed by the shipper, apart from the bill of lading signature: hereby certify that the property covered by this receipt was imported in the 39 Charge for Reconsignment of East-bound LIGHTERAGE (a) Except as provided in sections (e) and (f) of this rule, eastbound freight in carloads (except grain, in bulk, and live stock) for delivery at a regular station in New York Harbor, must be consigned in shipping order and bill of lading to such station in order to obtain delivery without charge for reconsignment as provided in sections (c) and (d), of this rule. (b) Except as provided in sections (e) and (f) of this rule, eastbound freight (except grain, in bulk, and live stock) for lighterage or car float delivery in New York Harbor (other than station delivery), must be consigned in shipping order and bill of lading for delivery at a specific pier, landing place or vessel in order to obtain delivery without charge for reconsignment as provided in sections (c) and (d) of this rule. (c) If the freight covered by sections (a) and (b) of this rule is not consigned in shipping order and bill of lading for delivery at a specific station, pier, landing place or vessel in New York Harbor, and such freight is ordered, reordered or reconsigned to a specific place of delivery in New York Harbor after arrival at rail termini and before such freight has been forwarded from rail termini, a reconsignment charge of $2.70 per car will be assessed in addition to the freight charges, except as provided in Rule 16. (See Note.) (d) If the freight covered by sections (a) and (b) of this rule is consigned in shipping order and bill of lading for delivery at a specific station, pier, landing place or vessel in New York Harbor, and such freight is ordered, reordered or reconsigned to another station or place of delivery in New York Harbor after arrival at rail termini, and before such freight has been forwarded from rail termini, a reconsignment charge of $2.70 per car will be assessed in addition to the freight charges, except as provided in Rule 16. (See Note.) (e) Eastbound freight (except grain, in bulk, and live stock) consigned in shipping order and bill of lading for export will be delivered at the piers, landing places or vessels to which it is ordered for exporation, without charge for reconsignment. (f) Eastbound freight (except grain, in bulk, and live stock) not consigned in shipping order and bill of lading for export, which is ordered for exportation, and eastbound freight consigned in shipping order and bill of lading for export, which is ordered for domestic delivery, when such order is placed after arrival of shipment at rail termini, and before forwarding from rail termini, will be subject, except as provided in Rule 16 to a reconsignment charge of $2.70 per car. (See Note.) (g) Eastbound freight (except grain, in bulk) not consigned in shipping order and bill of lading for export, which is ordered for exportation after arrival of shipment at rail termini ̧ will be subject to the rates, rules and regulations applicable on domestic traffic. (h) Grain in bulk not consigned in shipping order and bill of lading for export which is ordered for exportation after arrival of shipment at rail termini, will be subject to the rates, rules and regulations applicable on domestic traffic. (i) This rule is not applicable on shipments of coarse carload freight stored on open piers, bulkheads or lands of the railroad company. NOTE.—This rule will also apply on shipments ordered, reordered or reconsigned for delivery at the float bridges of connecting rail carriers in New York Harbor when not moving on a through rate beyond said float bridges. When moving under through rate to a point beyond said float bridges the regular diversion and reconsignment rules as provided for in carrier's individual tariffs will apply. SWITCHING DEFINITION SWITCHING SWITCHING Switching is that service performed in moving cars from place to place within a certain area of a station. Switching service differs from transportation service in that the latter consists in the moving of cars from one city or town to another. Transportation service is often defined as a "Line-haul," and a switching service preceding or following a transportation service is defined as "Line-haul Switching." A switching service performed in connection with a car loaded at one place to be unloaded at another place, when both places are within the switching limits of the same station, is defined as "Terminal Switching." There are three classes of terminal switching, as follows: Intra-Plant Switching: A switching movement from one place to another within the same plant or industry. Intra-Terminal Switching: A switching movement (other (other than Intra-Plant Switching) from one place to another on the same railroad within the switching limits of one station. Inter-Terminal Switching: A switching movement from a place on one railroad to a place on another railroad, both places being within the switching limits of one station. Interchange switching is the service performed by a carrier in delivering a car to another carrier as an incident to, and a part of a movement in the regular linehaul service. The area of a station within which switching service is performed under switching charges, rules and regulations is called "Switching Limits.” The transportation rates of the carriers apply from the regularly established points for receiving freight from the general public at one station to the regularly established points for the delivery of freight to the general public at another station. Line-haul freight received or delivered at private or assigned sidings within the switching limits of a station is subject to the line-haul switching charges, rules and regulations applicable at the station where the switching service is performed. Freight received at a point within the switching limits of a station, to be delivered at another point within the switching limits of the same station, is subject to terminal switching charges, rules and regulations applicable at the station where the service is performed. This service is sometimes called "Local TransWHEN CHARGES portation," but a better term is "Terminal Switching," as distinguished from "Line AND RULES APPLY haul Switching." Charges for line-haul switching service are not usually made in the following cases: (a) At Shipping Point: If car is loaded at a private or assigned siding located on the tracks, and handled in the line-haul service of the same carrier. (b) At Destination: If car is placed for unloading at a private or assigned siding located on the tracks of the carrier which handled the car in its line-haul service. Charges for line-haul switching service are generally made in the following cases: WHEN CHARGES APPLY (Con.) PUBLIC LOAD FREIGHT SWITCHING (a) At Shipping Point: If car is loaded on a private or assigned siding located on the tracks of one carrier for movement from shipping point in the line-haul service of another carrier, the charge being made by the carrier or carriers over whose tracks the car moves from its loading place to the line-haul carrier. However, if the car is destined to a point as to which the line-haul carrier is engaged in competition, for the movement of shipments, with the carrier or carriers performing the switching service, the line-haul carrier usually absorbs the switching charges. (b) At Destination: If the car is placed for unloading at a private or assigned siding located on the tracks of some carrier other than the one in whose line-haul service it moved into destination. However, if the line-haul carrier is engaged in competition with the carrier on whose tracks the car is placed for unloading, for the movement of shipments from the shipping point to the destination, the carrier in whose line-haul service the car moved into destination will, as a rule, absorb the switching charges. Ordinarily a carrier will not permit the loading of cars on its Public Team Tracks (tracks assigned for the use of the general public in loading or unloading carload shipments) when the cars are not to be handled in its line-haul service from the shipping point; nor does a carrier usually permit the unloading on such tracks of cars not brought into the destination in its own line-haul service. The Public Team Tracks of a carrier are maintained at the sole expense of the carrier to accommodate patrons of its line-haul service. When two or more carriers enter the same station, one cannot have the use and benefit of another carrier's facilities for the accommodation of the public in the receipt and delivery of carload shipments, without arranging therefor by special agreement. The switching charges, rules and regulations of the carriers do not as a rule apply to a single less than carload shipment. In many cases the carriers will LESS THAN CAR- handle a less than carload shipment in switching service only when loaded in one car and on the same day with other less than carload freight from the same consignor or for the same consignee, and then the weight of the shipments combined must not be less than a specified number of pounds, usually 8,000 or 12,000 pounds. CHARGES Switching services are usually charged for at so much per car, and the charge includes the switching of the car one way empty. When a car is loaded on the tracks of one carrier and switched to and handled in the transportation service of another carrier from the point of shipment, the latter generally issues the bill of lading and pays the former its switching charge. The switching charge and the transportation charge are collected from the shipper or consignee by the carrier performing the transportation service, unless the switching charge is absorbed in the transportation charge. In the latter event, the shipper or consignee pays only the transportation charge. The same principles likewise apply as to a car switched at the destination from the tracks of the carrier performing the transportation service to sidings on the tracks of another carrier at that point. The carrier performing the transportation service usually makes no charge for its own switching service from or to sidings located on its track within the switching limits of a station. ABSORPTION SWITCHING At stations reached by two or more carriers, cars are often loaded at private or assigned sidings on the tracks of one carrier and switched to another carrier to be handled in the latter's transportation service; or, after being handled in the transportation service of one carrier, they are delivered at the destination to another carrier to be switched by the latter to private or assigned sidings located on the latter's tracks for delivery to the consignees. In such cases any switching done by the carrier performing the transportation service is generally included in the transportation rate, and the charge of the other carrier for its switching service is extra, and is paid by the shipper or consignee, unless the switching tariff of the carrier performing the transportation service, applicable at the station where the switching is done, provides that it will absorb the switching charge of the other carrier. The switching charge of one carrier is usually absorbed in the transportation charge of another carrier when both carriers are competing for traffic between the points involved. To illustrate: Carriers A and B compete at equal transportation rates for traffic between Points C and D, as shown in the following illustration: Carrier A DISCRIMINA TION Shippers at Point C, having private or assigned sidings on the tracks of Carrier A, would not have to pay switching charges on carload freight loaded at their sidings and forwarded to Point D via Carrier A; but if forwarded via Carrier B, Carrier A would make a charge for switching the car to Carrier B, and this charge would have to be paid by the shipper or the consignee, unless Carrier B has made provision in its tariff that it will absorb the switching charges of Carrier A on cars loaded on private and assigned sidings located on the tracks of Carrier A at Point C and destined to Point D. And Carrier B would be obliged to do this if it desired or expected to handle any of the traffic. Shippers usually seek the cheapest practicable route from one point to another. If a carrier desires to handle competitive traffic, it is usually obliged to do so at competitive rates, unless it has something to offer in the way of special services or facilities to offset higher rates or extra charges. If a car were loaded on a private or assigned siding on the tracks of Carrier A at Point D and shipped to Point E on Carrier B, as shown in the above illustration, Carrier B would not absorb the charges of Carrier A for switching the car to the tracks of Carrier B, because no competition exists between Carriers A and B in the movement of traffic from Point D to Point E. It seems, on the surface, that Carrier B discriminates against shippers having sidings on the tracks of Carrier A at Point D through its practice of not absorbing the switching charges on their shipments to Point E, while at the same time making no charge for switching shipments loaded at sidings on its own tracks at Point D and destined to Point E. But the fairness of this practice becomes apparent when it is pointed out that this free switching service is one of the inducements which a carrier offers to have industries locate on its tracks. And this is a very attractive inducement, especially when the carrier serves a large territory. Furthermore, any advantage which the shipper located on the tracks of Carrier B has in not having to pay switching charges on shipments routed via Carrier B is very likely offset by the advantage which the shipper located on the tracks of Carrier A has in not having to pay switching charges on shipments routed via Carrier A. The practice of a carrier in absorbing the switching charges of another carrier is greatly advantageous to shippers, because two routes thus become available at the same rates. |