from the last day of the month in which it is earned, the rate shall be increased five cents per car per day. 3. Freight cars must be handled as prescribed by Rules 1, 2, 3 and 4 of the Code of Car Service Rules of The American Railway Association. 11. Within thirty days after the end of each calendar month, car owners shall be furnished with a Per Diem Report for that month, on the prescribed form, G, showing the number of days each car has been in service upon the road making the report. Claim covering corrections or omissions in Per Diem Reports must be presented after four months and within one year from the last day of the month in which the Per Diem was earned. This will not prevent the continuance of any case after the period named, if it has been previously opened, even though the claim should eventually rest upon some road other than the one originally addressed, except that the privilege of continuance shall cease when claimant fails to return claim or present it to another road within a period of six months from date such claim is last returned to claimant. Where Per Diem has been reported to other than car owner, which fact is developed in the investigation of a claim for short Per Diem, the reporting road shall be responsible to car owner for Per Diem earned, and shall have the privilege of continuing such claim for refund of Per Diem from the road to which it was thus incorrectly reported. When Per Diem has been reported to car owner under incorrect initial or number, which fact is developed in the investigation of a claim for short Per Diem, the reporting road shall have the right to transfer the allow rate; except that where Per Diem is not reported to car owner within six months from the last day of the month in which it is earned, the rate shall be increased five cents per car per day. 3. Freight cars must be handled as prescribed in Rules 1, 2, 3 and 4 of the Code of Car Service Rules of The American Railway Association. A road diverting a foreign car shall pay to the owner thereof the sum of five dollars in addition to the Per Diem and shall report same as a separate item on the Per Diem Report for the month in which the car was diverted. 11. Within thirty days after the end of each calendar month car owner shall be furnished with a Per Diem Report for that month, on the prescribed form, G, showing separately for open and closed cars the number of days each car has been in service upon the road making the report. NOTE.-Open cars, Classes G, H, and F, and closed cars, Classes X, R, V, S and T as specified in the Definitions of the Master Car Builders' Association and as reported in the Official Railway Equipment Register. No change. No change. ance from the incorrect to the correct initial or number as an offset to the claim. 19. (1) The Executive Committee of The American Railway Association shall appoint a Commission for the purpose of enforcing the observance of Car Service Rules 1, 2, 3 and 4, governing the handling of freight cars. 2. The Commission, through its duly authorized representatives, shall be empowered to examine all records of members of the Per Diem Rules Agreement, and it shall have authority to institute proceedings against member lines for violations of said rules, either on its own initiative or on complaints filed with it. 3. It shall be the duty of the Commission to conduct such investigation as may in its judgment be necessary to determine the facts, and it shall then be within the power of the Commission to impose a penalty, the minimum of which shall be $2.00 for each violation, such penalty to be paid to The American Railway Association in addition to the expense incurred incident to the investigation. 4. Any railroad, after notice to offending line of its intention to do so, may refer to the Commission any case or cases of violation of these rules. 5. In the event the case presented is not proven, the expense of the investigation shall be paid by the complainant. 6. The Commission shall not consider a case unless presented within 90 days from date of first alleged violation, nor shall the investigation extend back of a period of 90 days from date of filing of complaint with the Commission, nor prior to the adoption of these rules. 19. (1) The Executive Committee of The American Railway Association shall appoint a Commission authorized (a) To increase the per diem rate for a specified period in times of car shortage; but the Commission shall in no case set the rate at a figure above the maximum rate named in Per Diem Rule 1, nor give less than thirty days' notice of any change in the rates. Subject to the above limitation the per diem rates may differ (1) as between open and closed cars, and (2) as between Official, Southern and Western Classification territory. (b) To enforce the observance of Car Service Rules 1, 2, 3 and 4, governing the handling of freight cars. (c) To suspend the diversion penalty specified in Per Diem Rule 3 in times of car surplus, or when in its opinion such action is desirable. 2. No change. 3. It shall be the duty of the Commission to conduct such investigation as may in its judgment be necessary to determine the facts. If the Commission shall find that a diversion has been made without being reported, as required under Per Diem Rule 3, it shall impose a penalty of $10 for each such diversion. One-half to go to the owner of the car diverted; one-half to The American Railway Association. 4. No change. 5. No change. 6. No change. |