US FMC to move forward with two demurrage and detention-related initiatives

The US Federal Maritime Commission has approved two initiatives proposed by Commissioner Rebecca Dye as part of Fact Finding 29.

The Commission will issue a policy statement on issues that affect the ability of shippers, truckers and others to obtain reparations for conduct that violates the Shipping Act, including conduct related to demurrage and detention.

The statement will provide guidance on the scope of the prohibition against carrier retaliation, when attorney fees may be imposed on a non-prevailing party, and who may file a complaint with the Commission alleging unreasonable conduct.

The Commission also plans to issue an advance notice of proposed rulemaking to solicit public comments on two questions: first, whether the Commission should require ocean common carriers and marine terminal operators to include certain minimum information on or with demurrage and detention billings; and second, whether the Commission should require carriers and marine terminal operators to adhere to certain practices regarding the timing of demurrage and detention billings.

Other recommendations from FF29 do not require formal approval by the FMC. The Commission has acted on at least one recommendation already, hiring additional staff for the Office of Consumer Affairs & Dispute Resolution Services.

Kim Biggar

Kim Biggar started writing in the supply chain sector in 2000, when she joined the Canadian Association of Supply Chain & Logistics Management. In 2004/2005, she was project manager for the Government of Canada-funded Canadian Logistics Skills Committee, which led to her 13-year role as communications manager of the Canadian Supply Chain Sector Council. A longtime freelance writer, Kim has contributed to publications including The Forwarder, 3PL Americas, The Shipper Advocate and Supply Chain Canada.
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