Order no. G.O. 252
|Saturday, the 26th of
October, A.D. 1918
In the matter of the interswitching of freight traffic.
H. L. Drayton
W. B. Nantel
Deputy Chief Commissioner
A. S. Goodeve
A. C. Boyce
Under the authority conferred upon it by the Railway Act, the Board hereby rescinds its General Order No. 230, dated May 17, 1918, the effective date of which was postponed from July 1, 1918, to August 1, 1918, by General Order No. 239, dated June 19, 1918, to October 1, 1918, by General Order No. 243, dated July 26, 1918, and to November 1, 1918, by General Order No. 250, dated September 16, 1918, 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 fcar, 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 or 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 of 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 100 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 Classification, 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, 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 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.
- Should a team track shipper expressly order his shipment to be interswitched to another carrier, notwithstanding that the initial carrier upon whose team tracks the car has been loaded can furnish at the destination thereof, itself or through its connections or by interswitching, the same deliyery and facilities as the said other carrier at no greater charge, the said initial carrier may, in lieu of the toll prescribed in section 6, charge and collect its ordinary published rate to the interchange, which rate shall be a lawful additional charge against the shipment;
Provided, however, that this alternative shall not be lawful, and section 6 shall apply, if within forty-eight hours after the shipper has requested it the said initial carrier fails to place a suitable car reasonably convenient for loading.
- In view of the services and tolls herein provided for, schedules now in effect authorizing any arrangement or device, such as free or assisted cartage, cartage allowance or the like, intended to equalize the facilities of competing carriers at common points, shall be withdrawn and cancelled within three months from the date of issuance of this order;
Provided that if a carrier deem itself entitled to any such equalization arrangement in a particular case, it may, within six months from the date of issuance of this order, or within six months following the establishment of interchange facilities at any particular point hereafter, apply to the Board for relief.
- The schedules to give effect to this order shall be published and filed to come into force on the first day of January, 1919.
H. L. Drayton
The Board of Railway Commissioners for Canada.