Order no. G.O. 230
|Friday, the 17th of
May, A.D. 1918
In the matter of the Interswitching of Freight Traffic.
H. L. Drayton
Assistant Chief Commissioner
S. J. McLean
A. S. Goodeve
Under the authority conferred upon it by the Railway Act, the Board hereby rescinds its Order No. 4988 (General Order No. 11), dated the 8th day of July, 1908, and doth order and declare as follows:—
- For the interpretation, application, and operation of this order,—
Interswitching means the movement of freight in cars between the unloading or loading tracks of one carrier, hereinafter called the
terminal carrier" and the point of interchange with another carrier by whom, singly or jointly with a further carrier, the said traffic has been carried from its point of shipment or is to be carried to its destination, hereinafter called, singly or jointly, the
line carrier, both the terminal carrier and the line carrier which interchanges with the terminal carrier being subject to the jurisdiction of the Board; the said movement being performed with or without the aid of an intermediate carrier whether subject or not subject to the jurisdiction of the Board, hereinafter called the
interchange means the junction between the terminal carrier
and the line carrier, or between the terminal carrier and the intermediary, nearest to the point of loading or unloading of the car.
- This order does not apply,—
- To tracks used by the terminal carrier for the transfer of freight between cars and its freight warehouse, or for the purpose of transhipment from car to car, nor to tracks otherwise set apart for its own working purposes, except team tracks;
- To joint movements which both begin and end in the same terminal or group of terminals or adjoining switching districts;
- To cars which, having been once properly interswitched for unloading, are reconsigned for unloading elsewhere within the same terminal or group of terminals.
- Subject to the provisions of section 14, carriers shall at all times, according to their powers, furnish an interswitching service equal to the service accorded their own traffic at all points where interswitching facilities are, or may hereafter be, provided, under the circumstances and at the tolls herein prescribed;
Provided that no terminal carrier or intermediary shall be obliged hereunder to make any movement exceeding the distances herein specified at the tolls herein prescribed, and that the said distances be irrespective of the location of the interchange and of yard limits or boundaries.
- The toll of an intermediary subject to the jurisdiction of the Board shall not exceed, irrespective of weight, three dollars per car for any distance within and including three miles, or three dollars and fifty cents per car for any distance exceeding three miles to and including four miles.
- If the traffic is loaded or unloaded upon private sidings connecting with the railway of the terminal carrier, or directly from or into an industry, elevator or yard abutting upon its tracks (commonly known as industrial sidings), or in any public stock yard, the toll of the terminal carrier shall not exceed one cent per lOO pounds for the actual weight thereof, subject to the minimum weight of the line carrier's tariff, for any distance within and including four miles from the interchange; except that the terminal carrier shall be entitled to a minimum charge of three dollars per carload of traffic included in the seventh, eighth and tenth classes of the Canadian Freight iClassification, and five dollars per carload of all other traffic.
- The toll of the terminal carrier upon all traffic other than that referred to in section 5, including traffic to or from team tracks, shall not exceed two cents per 100 pounds for the actual weight thereof, suhject to the minimum weight of the line carrier's tariff, for any distance within and including four miles from the interchange; except that the terminal carrier shall be entitled to a minimum charge of six dollars per car.
- Not less than the following proportions of the tolls herein prescribed shall be absorbed in the rate of the line carrier and the remainder shall be an addition thereto:—
- One-half of the tolls charged by the terminal carrier under section 5 as qualified by section 9.
- Of the tolls prescribed in section 6 one-half of the tolls permitted under section 5, as qualified by section 9, as if the movement were to or from private sidings.
- One-half of the herein prescribed or lower tolls of each intermediary, if any, whether subject or not subject to the jurisdiction of the Board.
Provided that the line carrier may, unless its tariff rate is lower, charge and collect twelve dollars per car for its haul between the interchange and the point of shipment or destination when by reason of such absorption its line charges would otherwise be less than that amount.
- The appropriate tolls hereinbefore prescribed shall not be exceeded, for the distances herein specified, in each direction for the movement from and the return to the line carrier of so-called off-line transit traffic, and the line carrier shall be subject to the absorption provisions of section 7 only when its through rates are the sum of its published rates to and from the stop-over point.
- If an extra car, commonly known as an idler, is used solely to take care of an overhang of long articles loaded on an open car, it shall be charged by the terminal carrier not more than two-thirds of the herein prescribed appropriate toll for the minimum weight of the line carrier's tariff, except that the terminal carrier shall be entitled to a minimum charge of three dollars per car. If interposed between two cars in the same shipment to protect an overhang from each the idler shall be charged for once only.
- No charge shall be made for the accessory interswitching of the empty car. If the car is loaded in both directions the interswitching toll shall be charged for each movement.
- Subject to the provisions of section 14, nothing herein contained shall prevent the line carrier from absorbing the entire toll or tolls charged for interswitching competitive traffic, provided that the traffic and movements so treated are clearly defined in its tariffs.
- Traffic to or from the United States shall be subject to the provisions of this order at the point of shipment or destination in Canada.
- If an exceptional rate is published to apply to or from the tracks of the carrier line only, the ordinary rate which includes the right of interswitching shall be plainly indicated in the same schedule, and the latter rate shall not exceed the former by more than the appropriate toll herein prescribed for the interswitching service.
- Except as hereinafter provided, the tolls herein prescribed shall not apply to deprive the initial carrier of the line haul by a reasonable route of traffic loaded or to be loaded on its railway, including sidings connecting therewith, provided it furnishes at the destination, itself or through its connections or by interswitching, the same delivery and facilities as the competing carrier at no greater charge.
If a car is expressly ordered by the shipper to be interswitched to another railway, notwithstanding that the initial carrier can furnish the services as above provided, the said initial carrier may, in lieu of the tolls otherwise prescribed herein, charge and collect its ordinary published tariff rate to the interchange, which rate shall be an additional charge against the shipment.
Provided, however, that if the said initial carrier fail or neglect to furnish the shipper with a car within forty-eight hours after it has been requested, or should through movement by the route of the initial carrier be embargoed, the shipper may require the initial carrier to acccept and place, and the said carrier shall so accept and place, an empty car of any other carrier, in which case the movement of the empty car in and the loaded car out shall be effected under the provisions of sections 10 and 5 or 6, as the case may be.
The schedule to give effect to this order shall be published and filed to come into force on the first day of July, 1918.