Section 1225.2415  Unit of Time Rates

a)         This Section is applicable only to motor carriers of property.

b)         For contract carriers, schedules containing unit of time rates shall be published and filed subject to the following conditions and limitations.  The carriers shall:  

1)         file all schedules in compliance with the Law and this Part;

2)         use the following wording in all rate items to which it applies:  "Exclusive use of vehicle ordered and payment of charges guaranteed by shipper";

3)         file a valid contract with this Commission in the name of each shipper for which unit of time rates are applicable;

4)         cause all vehicles to be placarded with shipper's name and address, or cause each driver operating under unit of time rates to have in his possession documents to ascertain commodities, origin, and destination of those commodities being carried on his vehicle;

5)         cause each driver to complete a Daily Vehicle Log bearing the following minimum information:  

A)        Driver name

B)        Vehicle information

C)        Start time

D)        Finish time

E)        Time not attributable to said account and reason; and

6)         maintain Daily Vehicle Logs for at least 3 years including replacement and additional vehicles as well as driver time records and such billing papers, maintained so that it can be determined that the shipper is being billed and is paying at the applicable rates.

c)         For common carriers, tariffs containing unit of time rates shall be published and filed subject to the following conditions and limitations. Carriers shall:  

1)         file all tariffs in compliance with the Law and this Part;

2)         use the following wording in all rate items to which it applies:  "Exclusive use of vehicle ordered and payment of charges guaranteed by shippers";

3)         cause all vehicles to be placarded with shipper's name and address, or cause each driver operating under unit of time rates to have in his possession documents to ascertain commodity origin, and destination of those commodities carried on his vehicle;

4)         cause each driver to complete a Daily Vehicle Log bearing the following minimum information:  

A)        Driver name

B)        Vehicle information

C)        Start time

D)        Finish time

E)        Time not attributable to said account and reason;

5)         maintain Daily Vehicle Logs for at least 3 years including replacement and additional vehicles as well as driver time records and such billing papers, maintained so that it can be determined that the shipper is being billed and is paying at the applicable rates.

d)         Common carriers filing unit of time rates under the authority of this Section must ensure their common carrier obligations by adhering to the following requirements.  Tariff rate items must be:  

1)         applicable to a named commodity(ies) and/or to utilization of specific types of equipment and not a named shipper(s), origin(s), or destination(s); and

2)         held out to all shippers for the named commodity(ies) within the individual scope of authority.

e)         Unit of time rates which duplicate or conflict with any other exclusive use of vehicle provisions will be rejected.