FMC Decision Upheld That Detention Fees During Port Closure Are Unfair
The U.S. Court of Appeals for the D.C. Circuit recently issued a decision upholding the Federal Maritime Commission’s (FMC) determination that detention fees levied on a trucker by an ocean common carrier during a three-day port closure were unreasonable. The federal appeals court unanimously denied all aspects of the petition filed by the carrier, Evergreen Shipping Agency (America) Corp., that challenged the FMC’s order, and the court affirmed that detention and demurrage fees must promote freight fluidity.The case filed at FMC Docket No.
FMC Launches Investigation of Ocean Common Carriers’ Practices on Chassis Usage
The Federal Maritime Commission (FMC or Commission) launched an investigation related to possible non-compliance of the Shipping Act by ocean common carriers that may be unjustly and unreasonably restricting motor carriers (truckers) and shippers in their choice of chassis providers.The Commission seeks to determine whether ocean common carriers are using practices that directly or indirectly deprive truckers and shippers from negotiating and dealing with chassis providers. Any practices…
