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Nov 1, 2005 12:00 PM

The American Trucking Associations and its Intermodal Motor Carrier Conference welcomes new trucking fairness legislation signed into law in by California Gov Arnold Schwarzenegger recently.

This legislation was initiated by the California Trucking Association and strongly supported by ATA and the IMCC. It brings to an end years of unfair intermodal billing practices, particularly arbitrary and excessive fee assessments and termination of interchange rights, against intermodal motor carriers moving containers primarily between ports, terminals, and cargo customers.

The new law prohibits ocean carriers, railroads, and marine terminal operators from imposing arbitrary per diem, detention, or demurrage charges on motor carriers when trucks transporting container cargo are delayed. These delays include such events as port gate closures, labor disruptions, unanticipated equipment diversions, terminal congestion, and weekends or holidays.

The law also prohibits intermodal marine equipment providers from terminating or suspending the equipment interchange rights of motors carriers during the exercise of dispute resolution rights and from unilaterally adding or offsetting specific charges to the motor carrier's freight bill.