car hire rule 5 and car hire rule 15 transfer of liability © 2007 railinc. all rights reserved

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Car Hire Rule 5 and Car Hire Rule 15 Transfer of Liability © 2007 Railinc. All rights reserved.

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Page 1: Car Hire Rule 5 and Car Hire Rule 15 Transfer of Liability © 2007 Railinc. All rights reserved

Car Hire Rule 5 and

Car Hire Rule 15 Transfer of Liability

© 2007 Railinc. All rights reserved.

Page 2: Car Hire Rule 5 and Car Hire Rule 15 Transfer of Liability © 2007 Railinc. All rights reserved

Agenda

• Car Hire Rule 5 Application

• Car Hire Rule 5 Overview

• Car Hire Rule 5 TRAIN Messages– Reciprocal Switching– Intermediate Switching and Blocking

• Erroneous Transfer of Liability

© 2007 Railinc. All rights reserved.

Page 3: Car Hire Rule 5 and Car Hire Rule 15 Transfer of Liability © 2007 Railinc. All rights reserved

Agenda

• Car Hire Rule 15 Application

• Car Hire Rule 15 TRAIN messages

© 2007 Railinc. All rights reserved.

Page 4: Car Hire Rule 5 and Car Hire Rule 15 Transfer of Liability © 2007 Railinc. All rights reserved

Car Hire Rule 5 – Switching Recovery

• Car Hire Rule 5 applies when cars are:– Handled in reciprocal switch service– Handled in intermediate switch service– Handled for blocking under bilateral

agreement

© 2007 Railinc. All rights reserved.

Page 5: Car Hire Rule 5 and Car Hire Rule 15 Transfer of Liability © 2007 Railinc. All rights reserved

Reciprocal Switch Service

• Relief is allowed for actual time in switch service – up to 120 hours (bilateral agreements can be made to extend or limit the maximum amount of relief)

• Relief is granted via Transfer of Liability

© 2007 Railinc. All rights reserved.

Page 6: Car Hire Rule 5 and Car Hire Rule 15 Transfer of Liability © 2007 Railinc. All rights reserved

Reciprocal Switch Service

• TRAIN 10 message is sent to Railinc by the switch carrier

• Interchange dates & times must match LCS

• If all edits are passed, Railinc issues a TRAIN 28 message to the car owner, the switch carrier and the line haul carrier

© 2007 Railinc. All rights reserved.

Page 7: Car Hire Rule 5 and Car Hire Rule 15 Transfer of Liability © 2007 Railinc. All rights reserved

Reciprocal Switch Service

• If all edits are passed, Railinc issues a TRAIN 28 message to the car owner, the switch carrier and the line haul carrier

• Car hire liability is transferred to the line haul carrier

© 2007 Railinc. All rights reserved.

Page 8: Car Hire Rule 5 and Car Hire Rule 15 Transfer of Liability © 2007 Railinc. All rights reserved

Reciprocal Switch Service

• If all edits are not passed, Railinc issues a TRAIN 58 message to the switch carrier

• Car hire is not transferred to the line haul carrier

• The switch carrier can correct and resubmit the message (within 30 days of the interchange event)

© 2007 Railinc. All rights reserved.

Page 9: Car Hire Rule 5 and Car Hire Rule 15 Transfer of Liability © 2007 Railinc. All rights reserved

Intermediate Switch Service

• TRAIN 10 message is sent to Railinc by the switch carrier

• Interchange dates & times must match LCS

• If all edits are passed, Railinc issues a TRAIN 28 message to the car owner, the switch carrier and the line haul carrier

© 2007 Railinc. All rights reserved.

Page 10: Car Hire Rule 5 and Car Hire Rule 15 Transfer of Liability © 2007 Railinc. All rights reserved

Intermediate Switch Service & Blocking Service

• If all edits are not passed, Railinc issues a TRAIN 58 message to the switch carrier

• Car hire is not transferred to the line haul carrier

• The switch carrier can correct and resubmit the message (within 30 days of the interchange event)

© 2007 Railinc. All rights reserved.

Page 11: Car Hire Rule 5 and Car Hire Rule 15 Transfer of Liability © 2007 Railinc. All rights reserved

Erroneous Transfer of Liability

• Special reclaims can be issued if:– A legitimate switching exception is taken– No switch charge or blocking charge is

assessed (Per Appendix A, these charges can be assessed against a shipper)

• The rate reclaimed is the default rate

© 2007 Railinc. All rights reserved.

Page 12: Car Hire Rule 5 and Car Hire Rule 15 Transfer of Liability © 2007 Railinc. All rights reserved

Rule 15 – Cars Not Accepted When Offered

• Car Service Rule 7 sets forth conditions that must be complied with for the interchange of cars between connections.

• … when interchange cannot be accomplished … the receiving carrier shall be responsible to the car owner for the car hire …

© 2007 Railinc. All rights reserved.

Page 13: Car Hire Rule 5 and Car Hire Rule 15 Transfer of Liability © 2007 Railinc. All rights reserved

Rule 15 – Cars Not Accepted When Offered

• Car hire relief is protected through the Transfer of Liability (TOL) process

• Holding carrier transmits to Railinc a TRAIN 08 or TRAIN 10 (Type 82) message

• Railinc transmits to the receiving carrier a TRAIN 26 message

© 2007 Railinc. All rights reserved.

Page 14: Car Hire Rule 5 and Car Hire Rule 15 Transfer of Liability © 2007 Railinc. All rights reserved

Rule 15 – Cars Not Accepted When Offered

• The receiving carrier must respond to the TRAIN 26 message with a TRAIN 08 or a TRAIN 10 (Type 86 or Type 89) message– Class I carriers must respond within 6 hours– Non Class I carriers must respond within 12

hours– Failure to respond within the time limits

means that the offer is accepted

© 2007 Railinc. All rights reserved.

Page 15: Car Hire Rule 5 and Car Hire Rule 15 Transfer of Liability © 2007 Railinc. All rights reserved

Rule 15 – Cars Not Accepted When Offered

• If the offer is accepted Railinc will send a TRAIN 28 Transfer of Liability message to the car owner, the delivering carrier and the receiving carrier.

• If the offer is not accepted Railinc will send a TRAIN 29 message to the delivering and receiving carriers.

© 2007 Railinc. All rights reserved.

Page 16: Car Hire Rule 5 and Car Hire Rule 15 Transfer of Liability © 2007 Railinc. All rights reserved

Rule 15 – Cars Not Accepted When Offered

• If a response is not received within the time limits Railinc will send a TRAIN 28 Transfer of Liability message to the car owner, the delivering carrier and the receiving carrier.

© 2007 Railinc. All rights reserved.