Section 1225.2410  Time-volume Rates

a)         This Section does not apply to passenger carriers.

b)         Rates may be filed which are published to apply only when a specific quantity of freight is shipped by a consignor or received by a consignee during a specified period of time.  All necessary definitions and conditions shall be provided.

c)         If other than regulated intrastate traffic is used to meet the time-volume service requirements, the tariff shall so state and explain all requirements.

d)         Time-volume periods may not begin prior to the effective date of the tariff.

e)         The tariff shall provide for other charges if the time-volume conditions are not met.  Provisions may be published for the execution of an indemnity bond to guarantee payment.  If the tariff provides for the collection of charges on a deficit, consideration shall also be given as to whether the deficit rate will change (e.g., through general increase) during the period.  If charges are required to be collected for any deficit in weight between the actual weight of a particular shipment and the minimum weight on which charges for that shipment are assessed as the volume shipments move, the tariff shall so provide.

f)         The tariff shall provide that the carrier(s) will keep complete and accurate records of the movements, that the information will be available to the shipper and where and when it will be available.

g)         The tariff shall state whether and how the minimum quantity requirements will be reduced and the procedure to use due to disabilities such as strikes, breakdown of equipment, fire, etc., identifying the disabilities and indicating the rate or condition revisions.

h)         Provision may be published permitting discontinuance for specified reasons.  The provisions shall clearly state any penalty charge and the amount to be assessed for the discontinuance privilege.

i)          Retroactive application of tariff amendments is not permitted.