§ 1312.38 - Substitution of service.

Paragraphs (a), (b), (c), and (d) of this section only apply to property carriers. The provisions of this section may not be used in connection with joint rates and provisions for which concurrences are in effect unless they so provide.

(a) Substituted service may be provided. (1) If a rail, water, or motor carrier (hereafter referred to as Carrier A) desires to have the option to substitute the services of a carrier of a different transportation mode (hereafter referred to as Carrier B) for part of its movement of a shipment, it may do so subject to the requirements of this section.

(2) Either the rate tariff or a governing tariff shall contain the substituted service provisions.

(3) A separate tariff entitled “Substituted Freight Service Directory” may be filed, governing the rate tariff(s), provided it contains only matter relating to the substituted service.

(b) Service conditions. Substituted service provisions may be published if—

(1) The shipment moves on the bill of lading that would be used if Carrier A was performing the service;

(2) Carrier A assumes the responsibility for the lading while it is in the possession of Carrier B; and

(3) Movement of the lading has been made prior to, or will be made subsequent to, the service performed by Carrier B.

(c) Tariff conditions. The tariff provisions for substituted service shall include—

(1) The name of Carrier B;

(2) The points between which the substituted service will be performed;

(3) A statement that the rate applicable via Carrier A will apply; and

(4) A statement that the substituted service will not be performed if the shipper advises the carrier that it does not want service to be substituted. Carrier B does not need to be shown as a participant in Carrier A's rate or governing tariffs, nor in the routing provisions.

(5) When publishing substitution of trailer-on-flatcar service for motor service, tariffs need not show the rail carrier's name or points of interchange with the rail carriers.

(d) Changes in tariff provisions. Additions, deletions and other changes in substituted service provisions (not rates) may be made on 1 day's notice.

(e) Optional honoring of ticket arrangements. (This paragraph only applies to passenger carriers.) Provisions may be published affirming an agreement of two or more carriers for the acceptance by one carrier of a ticket sold over the route of another carrier. The carriers’ names shall be shown, along with the names of the points between which the tickets will be honored, and any restrictions or exceptions stated.