2007 California Business and Professions Code Chapter 28.5. Intermodal Marine Terminals

CA Codes (bpc:22928)

22928.  (a) The Legislature finds and declares that unilateral
termination, suspension, or restriction of equipment interchange
rights of an intermodal motor carrier shall not result from
intermodal marine terminal actions as specified in subdivision (b).
   (b) An intermodal marine equipment provider or intermodal marine
terminal operator shall not impose per diem, detention, or demurrage
charges on an intermodal motor carrier relative to transactions
involving cargo shipped by intermodal transport under any of the
following circumstances:
   (1) When the intermodal marine or terminal truck gate is closed
during posted normal working hours. No per diem, detention, or
demurrage charges shall be imposed on a weekend or holiday, or during
a labor disruption period, or during any other period involving an
act of God or any other planned or unplanned action that closes the
truck gate.
   (2) When the intermodal marine terminal decides to divert
equipment without 48 hours' electronic or written notification to the
motor carrier.
   (3) When the intermodal marine terminal is assessed a fine
pursuant to Section 40720 of the Health and Safety Code.
   (4) When the intermodal marine terminal equipment is out of
compliance pursuant to Section 34505.9 of the Vehicle Code or the
equipment is placed out of service.
   (5) When a loaded container is not available for pickup when the
motor carrier arrives at the intermodal marine terminal.
   (6) When the intermodal marine terminal is too congested to accept
the container and turns away the motor carrier.
   (c) An intermodal marine equipment provider shall not take any of
the following actions:
   (1) Charge back, deduct, or offset per diem charges, maintenance
and repair charges, or peak hour pricing from a motor carrier's
freight bill.
   (2) Unilaterally terminate, suspend, or restrict the equipment
interchange rights of a motor carrier or driver that uses the dispute
resolution process contained in the Uniform Intermodal Interchange
and Facilities Access Agreement to contest a charge, fee, or fine,
including a charge for maintenance and repairs imposed by the
intermodal marine terminal, while the dispute resolution process is
ongoing.
   (3) Unilaterally terminate, suspend, or restrict the equipment
interchange rights of a motor carrier for late payment of an
undisputed invoice from the intermodal marine terminal, provided that
the payment is no more than 60 days late.
   (4) Unilaterally terminate, suspend, or restrict the equipment
interchange rights of a motor carrier or driver for parking tickets
issued by the marine terminal unless the tickets remain unpaid more
than 60 days after being in receipt of the driver or motor carrier.
No parking tickets shall be issued by the marine terminal to a driver
or motor carrier for a parking violation if the assigned spot was
occupied and the trouble window or terminal administration was unable
to immediately provide a place to park, or if the driver was
instructed to park the equipment in a different spot by marine
terminal personnel or security.
   (5) Willfully attempt to circumvent any provisions of this section
or to fail, for any reason other than what is specified in the
governing port tariff, to collect demurrage when due and payable and
when consistent with this section. An intermodal motor carrier shall
not be liable for any portion of demurrage when an intermodal
container is not picked up during free time, which is the time period
before demurrage charges are to be applied.
   (d) As used in this chapter:
   (1)  "Per diem," "detention," or "demurrage" means a charge
imposed by an equipment provider or marine terminal operator for late
return or pickup of an empty or a loaded intermodal container and
chassis.
   (2) "Closed" means not open or available to receive equipment. The
marine terminal shall have posted working hours, and "closed" shall
mean that the terminal is not open to release or accept equipment
during those posted working hours.
   (3)  "Divert equipment" means the motor carrier has been directed
to return the equipment to a location different from the location
where the equipment was picked up by the motor carrier.
   (4) "Shall not impose per diem, detention, or demurrage charges on
an intermodal carrier" shall apply to the day or days in question
that an occurrence referenced in subdivision (b) took place.
   (5) "Intermodal marine terminal" means a marine terminal location
or facility that engages in discharging or receiving equipment owned,
operated, or controlled by an equipment provider.
   (6) "Written or electronic notification" means any communication
by postal letter, facsimile, electronic mail, or other electronic
notification.