Carrier may accept shipments of hazardous materials or hazardous substances subject to all requirements of the U.S. Department of Transportation and the Environmental Protection Agency governing transportation of such commodities. Shipper shall comply with all governmental requirements including but not limited to any special labeling, packaging requirements and bills of lading descriptions. When tendered by Shipper and accepted by Carrier, such shipments shall also be subject to the following provisions:
Applicable Commodities under this rule Any shipment containing commodities that are classified as hazardous by the Department of Transportation as published in the Code of Federal Regulations (CFR), Title 49.
Per Shipment Charge: $20.00 (See notes 1 through 8)
Note 1: In addition to the per shipment charge, if Carrier must move shipment over a circuitous route due to local, state, or federal highway restrictions, Carrier will prepare a designated route plan over the most practical and approved route for movement of such commodities. If the total distance from the initial origin to the final destination via the designated route of movement exceeds 115% of the mileage over the normal route of movement, all distance in excess of 115% will be charged for at the rate of $3.78 per mile.
Note 2: If Carrier must purchase special permits for transportation movement, Carrier will purchase such permits and collect the purchase price plus a service fee of $18.00 for each permit purchased.
Note 3: Any fines or penalties imposed on Carrier as a result of Shippers failure to meet regulatory requirements will be charged back to Shipper.
Note 4: The per shipment charge accruing under this item will be collected from the party responsible for payment of the line haul freight charges.
Note 5: Nothing in this rule shall obligate Carrier to handle any commodity not packaged properly for transportation or from transporting shipments beyond the scope of Carriers operating certificates. No shipments of hazardous waste (defined by CFR 49 section 171.3) nor shipments of radioactive materials (except in limited quantities of class 7 materials described under section CFR 49 sections 173.422 and 173.424) will be accepted for transportation.
Note 6: Carrier guaranteed service programs are not applicable in connection with shipments of hazardous materials unless specifically pre-approved by Carrier before shipment.
Note 7: Any bill of lading notation limiting full access to a vehicle or any delays caused by a regulatory agency (or any party to the transportation), will be subject to exclusive use of vehicle and/or storage charges found in items 470 and 910 herein.
Note 8: If the shipment is refused by the consignee or, for any other reason not the fault of Carrier, cannot be delivered to the consignee, Carrier will provide notice to the Shipper that the freight is undelivered and subject to storage charges (see item 910). If, within 10 days of such notice, Shipper does not provide written disposition instructions to Carrier, Carrier, at its sole discretion, shall be entitled, but not obligated, to dispose of the shipment. Shipper shall be responsible for all disposal costs and for all storage charges up to the time of disposal or other disposition of the shipment.
