S1640

An Act concerning fair business practices at intermodal marine terminals and supplementing Title 39 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

“Closed” means that an intermodal marine terminal is not open to release or accept intermodal equipment.

“Equipment interchange rights” means the rights of an intermodal motor carrier or driver contained in the Uniform Intermodal Interchange and Facilities Access Agreement.

“Free time” means the time period before demurrage charges are to be applied.

“Intermodal equipment” means an intermodal freight container, a chassis or trailer designed to carry an intermodal freight container, or a combination of both.

“Intermodal marine terminal” means a marine terminal or facility located in New Jersey that engages in discharging or receiving intermodal equipment owned, operated, or controlled by an intermodal equipment provider.

“Per diem,” “detention,” or “demurrage” means a charge imposed by an equipment provider or marine terminal operator for late return or pickup of an empty or loaded intermodal container or chassis.

“Written or electronic notification” means any communication by postal letter, facsimile, electronic mail, or other electronic means of notification.

2. An intermodal equipment provider or an intermodal marine terminal operator shall not subject an intermodal motor carrier to unilateral termination, suspension, or restriction of the motor carrier’s equipment interchange rights or to the imposition of per diem, detention, or demurrage charges because of the following circumstances:

a. the truck gate at the intermodal marine terminal is closed for any reason during posted working hours, on a weekend or holiday, during a period of labor disruption, or due to an act of God;

b. the motor carrier has been directed to return the intermodal equipment to a location different from the location at which the equipment was picked up by the motor carrier without 48 hours written or electronic notification;

c. a loaded intermodal container is not available for pickup when the motor carrier arrives at the intermodal marine terminal; or

d. the motor carrier is turned away because the intermodal marine terminal is too congested to accept the intermodal equipment.

3. An intermodal equipment provider shall not unilaterally terminate, suspend, or restrict the equipment interchange rights of a motor carrier or driver for:

a. using the dispute resolution process contained in the Uniform Intermodal Interchange and Facilities Access Agreement to contest a charge, fee, or fine, including a charge for maintenance and repairs imposed by the intermodal marine terminal;

b. nonpayment of a charge, fee, or fine while it is being contested through the dispute resolution process contained in the Uniform Intermodal Interchange and Facilities Access Agreement and for a reasonable period following the completion of the process;

c. late payment of an undisputed invoice from the intermodal marine terminal, unless the payment is more than 60 days late; or

d. nonpayment of parking tickets issued by the marine terminal, unless the tickets remain unpaid more than 60 days after the driver or motor carrier has received them.

4. An intermodal equipment provider shall not:

a. charge back, deduct, or offset per diem charges, maintenance and repair charge, or peak hour pricing charges from a motor carrier’s freight bill;

b. fail, for any reason not specified in the governing port tariff, to collect demurrage when due and payable and consistent with this act; or

c. willfully attempt to circumvent any provisions of this act.

5. A parking ticket shall not be issued to a driver or motor carrier for a parking violation if the driver’s assigned parking place was occupied and the terminal administrator or personnel were unable to immediately provide a place for the driver to park, or if the driver was instructed by marine terminal personnel or security to park the equipment in a different place.

6. An intermodal motor carrier shall not be liable for any portion of demurrage when an intermodal container is not picked up during free time.

7. This act shall take effect immediately.

STATEMENT

This bill provides for fair treatment of motor carriers and their drivers at intermodal marine terminals in New Jersey by regulating certain business practices of intermodal equipment providers and marine terminal operators.

The bill prohibits an intermodal equipment provider or an intermodal marine terminal operator from subjecting an intermodal motor carrier to unilateral termination, suspension, or restriction of the motor carrier’s equipment interchange rights or to the imposition of per diem, detention, or demurrage charges because of certain circumstances.

The bill also prohibits an intermodal equipment provider from charging back, deducting, or offsetting per diem charges, maintenance and repair charges, or peak hour pricing charges from a motor carrier’s freight bill; from failing to collect demurrage charges when due; and from willfully attempting to circumvent the provisions of the bill.

Finally, the bill prohibits the issuance of parking tickets to drivers in certain circumstances and provides that a motor carrier shall not be liable for any portion of demurrage when an intermodal container is not picked up during the time period before demurrage charges are to be applied.