Uniform Intermodal Interchange and Facilities Access Agreement UIIA

1
Uniform Intermodal Interchange and
Facilities Access Agreement(UIIA)
NJ Motor Truck Association Meeting December 1,
2009
2
Stats for UIIA Participation

• Motor Carriers 7,190
• Equipment Providers
• Ocean Carriers 42
• Railroads 7
• Leasing Companies 1
• Total EPs 50

3
Administration of the UIIA

• The Intermodal Interchange Executive Committee
  is the nine member group that oversees the
  administration of the Agreement.
• IIEC comprised of three members from each mode
  (Rail, Ocean Motor Carrier)
• UIIA is living document that is constantly
  reviewed by the Committee to determine if
  revisions are necessary based on current industry
  practices.

4
Process for EP UIIA Addenda Revisions

• Section II. of the Administrative Procedures
  Appendix I outlines the process for handling
  requests for modifications to EP addenda.
• Initial review of proposed addenda language
  completed by staff.
• Proposed addenda language forwarded to the
  modal IIEC members for review.
• If review results in adverse comments,
  conference call is held between EP and modal
  IIEC members to address specific concerns
  w/addenda language.
• Once proposed addenda language approved,
  effective date 30 days from date of notice to
  MCs.

5
Process for Modifications to the UIIA

• Administrative Procedures, Appendix I, Sections
  IV. and V. outline the processes for
  modifications to the UIIA.
• Revisions to the Agreement are reviewed and
  considered by the full IIEC at its next
  scheduled meeting.
• Three-fourths majority vote of IIEC members is
  required to approve modifications. (7 out of 9
  IIEC members)
• If language approved, proposed changes are
  forwarded to all UIIA participants for a thirty
  day comment period.
• All comments submitted are transmitted to full
  Committee for review before final determination
  is made on whether to move forward with the
  proposed modifications.
• Notice of IIECs decision is provided to all
  UIIA participants and if it is determined to
  move forward with changes, effective date shall
  be no less than 15 days from the date of notice.

6
Summary of Modifications to UIIA in 2009

• Section B. Definition of Terms
• New definitions added for terms Container,
  Damage and Defect.
• Existing definitions for Equipment and Wear
  and Tear were modified.
• Section E.1 Equipment Use
• Modified provision to address current industry
  business practices where Equipment may be
  returned to a location other than the original
  point of interchange under specific
  circumstances.

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Summary of Modifications to UIIA in 2009

• Section E.6. Free Time and Use Charges
  
  
  
  Modified language under the default dispute
  resolution process to clarify the EP shall
  respond to MC disputes within 30 days from date
  of dispute to EP.
• Exhibit B Added terms roll-up doors and side
  doors as items that are considered the Owners
  responsibility as a result of wear and tear to be
  consistent with the AAR TOFC/COFC Interchange
  Rules.
• Exhibit C Modified section relating to tires
  to be consistent with the Federal Motor Carrier
  Safety Regulations and added a foot note to
  clarify Defect(s) as defined in Section B. are
  not included under this Exhibit.

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Summary of Modifications to UIIA in 2009

• Administrative Procedures
  
  
  Clarified IANA
  responsibilities in its administration of the
  UIIA as it relates to its collection and
  reporting information. In addition, clarified
  interpretations requested by the IIEC are limited
  to the applicability or consistency with existing
  provisions of the Agreement and/or EP addenda and
  are not for adjudication of matters under
  dispute.

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DISPUTE RESOLUTION PROCESS

• Mandatory binding Dispute Resolution process
  was added to the UIIA on August 1, 2008.
• Exhibit D establishes processes and procedures
  for the DRP process.
• Acceptable claims for submission under DRP
  involve charges related to per diem, maintenance
  and repair, and lost/stolen invoices that occur
  on or after August 1, 2008.
• Issue must have been initially disputed by the
  Parties under the default dispute resolution
  process in the UIIA/EP addenda.

10
DISPUTE RESOLUTION PROCESS

• Three member panel (one member from each mode)
  appointed by IANA review and renders decision in
  the arbitration process. Each case is rendered
  by the modal panel members.
• Panel Member Qualifications
• 5 years operating experience involving
• Gate Procedures
• Yard procedures
• Loading/Unloading operations
• Operations at Marine and Rail Container Yards
• Receiving/Delivery of Equipment

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DISPUTE RESOLUTION PROCESS

• Moving Party has 15 days from EP response to
  dispute under default process to submit claim
  under mandatory DRP process.
• Moving Party completes Notice of Intent Form,
  supporting documentation and administrative
  filing fee.
• It is important that both the Moving and
  Responding Parties provide relative information
  in their response to the claim (i.e. pictures,
  actual repair bill, etc.)
• Case is forwarded to modal panel members for
  review and decision.
• Decisions are rendered within 45 days of
  submission to panel.

12
DISPUTE RESOLUTION PROCESS

• No cancellation of interchange privileges for
  issue under dispute once arbitration process is
  initiated.
• Moving Responding Parties notified of decision
  once it is rendered via e-mail.
• Decision of arbitration panel is final, no appeal
  process.
• Cost of filing fee is assessed against Party whom
  panel rendered the decision against.
• Decisions posted on UIIA website

13
DISPUTE RESOLUTION PROCESS

• Claims Submitted Since August 2008
• Total of 101 cases submitted under DRP
• 48 cases completed
• 21 - never went to arbitration matter
  resolved
• 25 - claim did not meet criteria for DRP
• 7- cases pending
• Total 48 cases went through DRP process
• 37 M R related (21 related to tire repair)
• 7 Per Diem related
• 4 Lost/Stolen related

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DISPUTE RESOLUTION PROCESS

• Total Completed Cases 48
• Decisions Rendered in favor of MC 26
• Decisions Rendered in favor of EP 14
• Split Decisions
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