California Business and Professions Code
§ 22928
BPC § 22928 Effective Jan 1, 2023Div. 8 · Ch. 28.5
Statute text
View on leginfo.ca.gov(a)The Legislature finds and declares that unilateral termination, suspension, or restriction of equipment interchange rights of a motor carrier shall not result from intermodal marine terminal or intermodal marine container provider actions as specified in subdivision (b).
(b)An intermodal marine container provider or intermodal marine terminal operator shall not commence or continue free time or impose per diem, detention, demurrage, extended dwell, or charges of a similar kind or character on a motor carrier, beneficial cargo owner, or other intermediary relative to transactions involving cargo shipped by intermodal transport under any of the following circumstances:
(1)When the intermodal marine or terminal truck gate is closed during posted normal working hours. No per diem, detention, or demurrage charges shall be imposed on a holiday, or during a labor disruption period, or during any other period involving an act of God or any other planned or unplanned action that closes the truck gate.
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Legislative history
Amended by Stats. 2022, Ch. 868, Sec. 1. (AB 2406) Effective January 1, 2023.