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Electronic Code of Federal Regulations

e-CFR data is current as of June 1, 2020

Title 49Subtitle BChapter XSubchapter D → Part 1333


Title 49: Transportation


PART 1333—DEMURRAGE LIABILITY


Contents
§1333.1   Demurrage defined.
§1333.2   Who may charge demurrage.
§1333.3   Who is subject to demurrage.

Source: 79 FR 21412, Apr. 16, 2014, unless otherwise noted.

§1333.1   Demurrage defined.

Demurrage is a charge that both compensates rail carriers for the expenses incurred when rail cars are detained beyond a specified period of time (i.e., free time) for loading or unloading, and serves as a penalty for undue car detention to encourage the efficient use of rail cars in the rail network.

§1333.2   Who may charge demurrage.

Link to an amendment published at 85 FR 26865, May 6, 2020.

Demurrage shall be assessed by the serving rail carrier, i.e., the rail carrier providing rail cars to a shipper at an origin point or delivering them to a receiver at an end-point or intermediate destination. A serving carrier and its customers (including those to which it delivers rail cars at origin or destination) may enter into contracts pertaining to demurrage, but in the absence of such contracts, demurrage will be governed by the demurrage tariff of the serving carrier.

§1333.3   Who is subject to demurrage.

Link to an amendment published at 85 FR 26865, May 6, 2020.

Any person receiving rail cars from a rail carrier for loading or unloading who detains the cars beyond the period of free time set forth in the governing demurrage tariff may be held liable for demurrage if the carrier has provided that person with actual notice of the demurrage tariff providing for such liability prior to the placement of the rail cars. The notice required by this section shall be in written or electronic form.

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