Page:Railways Act 1921 (ukpga 19210055 en).pdf/83

[Ch. 55.]

Calculation of distance

1. In calculating the distance along the railway for the purpose of the charge for conveyance of any merchandise the company shall not include ally portion of its railway which may in respect of that merchandise be the subject of a charge for a station terminal.

Calculation of charge on weights and measures

2. Unless otherwise agreed between the company and the trader, all charges shall, so far as practicable, be based upon the gross weight of the merchandise when received by the company determined according to the imperial avoirdupois weight, but the rates tribunal may specify any articles of merchandise upon which the charges may be calculated in reference to cubic capacity, and shall prescribe the method by which the cubic contents for the purpose of charge is to be calculated.

Trader's Trucks

3.—(1) Where merchandise is conveyed in trucks not belonging to the company, the trader shall be entitled to recover trucks from the company a reasonable sum by way of demurrage for any detention of his trucks beyond a reasonable period either by the company or by any other company over whose railway the trucks have been conveyed under a through rate or contract.

Any difference arising under this provision shall be determined by the rates tribunal at the instance of either party.

(2) Where merchandise conveyed in a separate truck is loaded or unloaded elsewhere than in a shed or building of the company, the company may not charge to a trader any service terminal for the performance by the company of any of the said services if the trader has requested the company to allow him to perform the service for himself, and the company has unreasonably refused to allow him to do so. Any dispute between a trader and the company in reference to any service terminal charged to a trader who is not allowed by the company to perform for himself the service shall be determined by the rates tribunal.

Charges for sidings and accommodation

Nothing in this Act shall prevent the company from Charges for making and receiving, in addition to the charges authorised by sidings and this Act, charges and. payments by way of rent or otherwise for sidings or other structural accommodation provided or to be provided for the private use of traders and not required by the company for dealing with the traffic for the purposes of conveyance:

Provided that the amount of such charges or payments shall be fixed by an agreement in writing signed by the trader or by 79