49 C.F.R. § 1333.2
Who may charge demurrage and who may enter into contracts pertaining to demurrage
A serving carrier and its customers (including those to which it delivers rail cars at origin or destination) may enter into contracts pertaining to demurrage. Additionally, a third-party intermediary may enter into contracts with a shipper (or consignee) that the shipper (or consignee) shall be billed for demurrage pursuant to section 1333.3(b). However, in the absence of such contracts, demurrage will be governed by the demurrage tariff of the serving carrier.
Notes of Decisions
Cited in 4
cases (3 in the last 5 years), 2019–2023 · leading case: CSX Transp., Inc. v. B&J Grp., Inc., 381 F. Supp. 3d 438 (E.D. Pa. 2019).
CSX Transp., Inc. v. B&J Grp., Inc., 381 F. Supp. 3d 438 (E.D. Pa. 2019). “49 C.F.R. § 1333.2 . Id. § 1333.3. Id. § 1333.”
Indiana Harbor Belt R.R. Co. v. United Rail Serv., Inc. (N.D. Ind. 2023). “In its Proposed Conclusions of Law, the Plaintiff also appears to argue that its demurrage tariff is a basis for liability under 49 C.F.R. § 1333.2 . 11 The Court recognizes that the Plaintiff, for the first time in its Proposed Findings of Fact and Conclusions of Law, labels…”
Norfolk S. Ry. Co. v. Kinder Morgan Bulk Terminals, LLC (D.N.J. 2021). “” 49 C.F.R. § 1333.2 . That cost may be passed onto “a third-party intermediary [who] may enter into contracts with a shipper (or consignee) that the shipper (or consignee) shall be billed for demurrage pursuant to section 1333.”
Yookel, Inc. v. United States Steel Corp. (E.D.N.Y 2022). “49 C.F.R. § 1333.2 (“A serving carrier and its customers .”
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