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FMC: Terminals Can’t Issue Detention Fees if Ports Closed


[Source: Transport Topics]   What began as a $510 small claims case brought by a trucking company has evolved into what some are calling a precedent-setting case, as the Federal Maritime Commission ruled that marine terminal operators may not impose detention and demurrage charges on days that port facilities are closed.

The four-to-one ruling, handed down at the end of March, stretches back to a complaint Nashville, Tenn.-based motor carrier TCW brought against ocean carrier Evergreen Shipping Agency after TCW was charged for three days of detention for container and chassis, also known as per diem.

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