Summary of Actions Taken
By the Intermodal Interchange
Executive Committee (IIEC)
The IIEC approved a modification to Section B. Definition of Terms based on recent revisions to Section E.6. that references a new term, “Container Use Charge”. The proposed modification is to include a new definition for this new term under Section B.6. The proposed revision has been forwarded to all UIIA participants for a thirty-day comment period, which closes on February 10, 2012.
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The IIEC approved specific modifications/revisions to the UIIA at its meeting held on November 14, 2011. These proposed revisions were forwarded to all participants for a thirty day comment period. No comments were received on the proposed modifications so in accordance with Appendix I, Section V.A. of the UIIA, these revisions will become effective on January 17, 2012.
The IIEC approved specific modifications/revisions to the UIIA at its meeting held on November 14, 2011. These proposed revisions have been forwarded to all UIIA participants for a thirty day comment period, which closes on December 23, 2011.
The IIEC approved specific modifications/revisions to the UIIA at its meeting held on January 18, 2011. These proposed revisions were forwarded to all participants for a thirty day comment period. After reviewing the comment received, the Committee has decided to move forward with the revisions as adopted at the January 18th IIEC meeting. In accordance with Appendix I, Section V.B. of the UIIA, these revisions will become effective on April 14, 2011.
The IIEC during its meeting held on January 18, 2011 approved proposed modifications to the Agreement that impacted the following provisions in the UIIA:
- Section E.6.d. and E.6.g. — Free Days and Use Charges
- Section H. Dispute Resolution Process
- Exhibit D — DRP Guidelines
A 30-day comment period has been provided to all UIIA participants and will close on March 2, 2011. Please click here for a copy of the memo sent to all participants on February 1, 2011, outlining these proposed revisions
Please click here for a copy of the memo sent to all participants on February 1, 2011.
During a conference call held on September 9, 2010, the IIEC approved a modification to Section C.2. In accordance with Appendix I, Section V.B. of the UIIA, these revisions will become effective on November 8, 2010. Please note that these approved modifications had been previously forwarded to all participants for review and comment on September 9, 2010.
In accordance with Appendix I, Section V. of the UIIA, all participants were notified on September 15, 2010, of a modification to Section C.2. Premise Access of the Uniform Intermodal Interchange and Facilities Access Agreement (UIIA) that were approved by the Intermodal Interchange Executive Committee (IIEC) during a conference call on September 9, 2010.
Participants are provided with a 30-day period to review and submit comments on these modifications. All comments will need to be submitted in writing, via e-mail to debbie.sasko@intermodal.org by no later than October 15, 2010, to be considered. The proposed effective date of these revisions will not be before October 30, 2010.
Please click here for a copy of the memo sent to all participants on September 15, 2010.
The IIEC during its conference call held on September 9, 2010, reviewed comments submitted by UIIA participants on the proposed modifications to the Agreement and unanimously decided to postpone implementations to the following provisions of the UIIA, pending further review and discussion:
- Section E.6.d. and E.6.g. — Free Days and Use Charges
- Section H. Dispute Resolution Process
- Exhibit D, Item 7 — DRP Guidelines
Should the Committee's review result in any substantive changes to the proposed modifications, an additional 30-day comment period will be opened for all UIIA participants.
In accordance with Appendix I, Section V. of the UIIA, all participants were notified on July 7, 2010 of modifications to the Uniform Intermodal Interchange and Facilities Access Agreement (UIIA) that were approved by the Intermodal Interchange Executive Committee (IIEC) during a conference call on June 24, 2010.
Participants are provided with a 30-day period to review and submit comments on these modifications. All comments will need to be submitted in writing, via e-mail to debbie.sasko@intermodal.org by no later than August 6, 2010, to be considered. The proposed effective date of these revisions will not be before August 23, 2010.
Click here to download a copy of the proposed modifications to the UIIA.
In accordance with Appendix I, Section V. of the UIIA, all participants were notified on March 3, 2010 of modifications to the Uniform Intermodal Interchange and Facilities Access Agreement (UIIA) that were approved by the Intermodal Interchange Executive Committee (IIEC) at its meeting held on February 17, 2010.
Participants are provided with a 30-day period to review and submit comments on these modifications. All comments must be submitted in writing, via e-mail to debbie.sasko@intermodal.org, by no later than April 3, 2010, to be considered. The proposed effective date of these revisions will not be before May 3, 2010.
Please click here for a copy of the memo along with the proposed modifications to the UIIA.
During a conference call held on August 11, 2009, the IIEC members unanimously approved proposed modifications to Section B. Definition of Terms and Section E.1. Equipment Return. All participants are provided a 30-day period closing on September 20, 2009, to submit comments on the proposed revisions.
During a conference call held on August 11, 2009, the IIEC members unanimously approved to move forward with specific modifications to the UIIA, as adopted at the March 18th IIEC meeting. In accordance with Appendix I, Section V.B. of the UIIA, these revisions will become effective on September 1, 2009. Please note that these approved modifications had been previously forwarded to all participants for review and comment on April 14, 2009.
During a conference call conducted on June 10, 2009, the Intermodal Interchange Executive Committee voted to suspend, for a period of thirty (30) days, the implementation of proposed modifications to the UIIA, pending further view by the Committee. The proposed modifications were outlined in an earlier notice to all UIIA participants, dated April 14, 2009. Should the Committee's review result in any substantive revisions to the proposed modifications, an additional 30-day comment period will be opened for all UIIA participants.
At the IIEC meeting held on March 18, 2009, the Intermodal Interchange Executive Committee (IIEC) approved proposed modifications to the UIIA. Several of these revisions are related to the new Federal Motor Carrier Safety Administration's (FMCSA) Roadability regulations which will become effective on June 17, 2009. Specific provisions of the new rule have a staggered implementation, which commences in December of 2009 and continues through December 2010.
At the IIEC meeting held on March 18, 2009, the Intermodal Interchange Executive Committee (IIEC) approved proposed modifications to the UIIA. Several of these revisions are related to the new Federal Motor Carrier Safety Administration's (FMCSA) Roadability regulations which will become effective on June 17, 2009. Specific provisions of the new rule have a staggered implementation, which commences in December of 2009 and continues through December 2010.
Please click here for a copy of the memo sent to participants advising of the Committee's decision.
In accordance with Appendix I, Section V, of the UIIA, all participants are hereby noticed of modifications approved by the Intermodal Interchange Executive Committee (IIEC) at a recent meeting. Comments are welcome and may be submitted over the next 30 days and should be in writing, via e-mail to debbie.sasko@intermodal.org or by USPS to the address shown below. All submissions must be received by March 9, 2009, in order to be considered. The proposed effective date of these revisions will not be before April 20, 2009.
A memo was sent to all UIIA participants on September 5, 2008, advising that the Intermodal Interchange Executive Committee (IIEC) had adopted specific modifications/revisions to the Uniform Intermodal Interchange and Facilities Access Agreement (UIIA). These proposed revisions were forwarded to all participants and a 30-day comment period was provided. No comments were received from participants regarding the proposed revisions, therefore, in accordance with Appendix I, Section V.B. of the UIIA, the modifications, as approved at the August 20, 2008, meeting will become effective on November 5, 2008.
In accordance with Appendix I, Section V. of the UIIA, all participants were notified on September 5, 2008, of modifications to the following sections of the Uniform Intermodal Interchange and Facilities Access Agreement (UIIA) that were approved by the Intermodal Interchange Executive Committee (IIEC) at its meeting held on August 20, 2008.
- Section E.3 - Damage to Equipment
- Section E.6.c. – Free Days and Use Charges
- New Exhibit D – Dispute Resolution Process Guidelines
Participants are provided with a 30-day period to review and submit comments on these modifications. All comments must be submitted in writing, via e-mail to debbie.sasko@intermodal.org by no later than October 5, 2008, to be considered. The proposed effective date of these revisions will not be before November 4, 2008.
Please click here for a copy of the memo along with the proposed modifications to the UIIA.
A memo was sent to all UIIA participants on May 12, 2008, advising that the Intermodal Interchange Executive Committee (IIEC) had adopted specific modifications/revisions to the Uniform Intermodal Interchange and Facilities Access Agreement (UIIA). These proposed revisions were forwarded to all participants and a 30-day comment was provided. All comments received were forwarded to the IIEC for review and further consideration.
The IIEC held a conference call on July 9, 2008, and decided to move forward with all of the proposed modifications to the UIIA, as unanimously adopted at the April 29 IIEC meeting. The effective date of the revisions will be August 1, 2008. During the call, the Committee did agree that some of the issues raised in the comments that were received warranted further discussion by the IIEC at its next meeting scheduled for August 20, 2008. Should it be determined at that time that further clarifications and/or modifications are necessary, all participants will be advised.
In accordance with Appendix I, Section V. of the UIIA, all participants were notified on May 12, 2008 of modifications to the following sections of the Uniform Intermodal Interchange and Facilities Access Agreement (UIIA) that were approved by the Intermodal Interchange Executive Committee (IIEC) at its meeting held on April 29, 2008.
- Section D.2.a — Equipment Interchange Receipt
- Section E.3 — Damage to Equipment
- Section E.6.c. — Free Days and Use Charges
- New Section H — Dispute Resolution Process
- New Exhibit D — Dispute Resolution Process Guidelines
Participants are provided with a 30-day period to review and submit comments on these modifications. All comments will need to be submitted in writing, via e-mail to debbie.sasko@intermodal.org by no later than June 10, 2008, to be considered. The proposed effective date of these revisions will not be before July 5, 2008.
Click here for a copy of the memo along with the proposed modifications to the UIIA.
At the IIEC meeting on November 9, 2007, the Intermodal Interchange Executive Committee (IIEC) approved the expansion of the current pilot Dispute Resolution Process that was being tested in California to now also be available to UIIA participants that have business operations in the Northeastern US. This would include the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont. Effective December 1, 2007, the pilot DRP process was implemented for use by UIIA participants servicing the Northeastern states listed above.
At the Intermodal Interchange Executive Committee (IIEC) meeting held on November 9, 2007, the Committee was advised of the numerous inquiries received from UIIA participants requesting clarification of the language in Section E.3.d of the UIIA as it relates to the specific documentation that is required when billing Motor Carriers for repairs. On December 4, 2007, in an effort to clear up any confusion, a memo was distributed to all UIIA participants on behalf of the IIEC, to clarify the language in this provision relating to documentation required when billing for repairs.
Please click here for a copy of the IIEC memo sent to all UIIA participants.
At the IIEC meeting in April 2007, the Intermodal Interchange Executive Committee (IIEC) approved a pilot Dispute Resolution Process for testing and evaluation for possible inclusion in the UIIA. The purpose of the program is to provide an alternative method for resolving issues involving per diem and/or maintenance and repair invoices after all dispute resolution processes under the UIIA/EP Addenda have been exhausted. Effective July 1, 2007, the pilot DRP process was implemented for use by UIIA participants with business operations in the state of California.
At the Intermodal Interchange Executive Committee (IIEC) meeting held on April 19 & 20, 2007, the Committee approved modifications and/or addition of new language to Section B. Definitions, D.3 Equipment Use, E.2 Lost, Stolen or Destroyed Equipment and E.4 Tires of the Uniform Intermodal Interchange and Facilities Access Agreement (UIIA). These proposed changes have been provided to all UIIA participants for a thirty-day comment period. The deadline for comments is June 6, 2007. The proposed effective date of the revisions will not be before July 25, 2007.
Please click here for a copy of the memo along with the proposed modifications to the UIIA.
As a result of the various changes in industry practices, the Intermodal Interchange Executive Committee (IIEC) had requested that IANA Counsel conduct a thorough review of the provisions of the basic UII Agreement to ascertain if modifications and/or clarifications were needed. At the IIEC meeting held on January 17, 2007, the Committee reviewed the results of Counsel's analysis of the basic UII Agreement and approved specific modifications/clarifications to the UIIA. In addition, the Committee also approved modifications and/or new language to Sections B.6, B.7, D.2 and E.3 of the UIIA that addresses the use of automated gate inspection systems. Click here for full outline of modifications/clarifications adopted by IIEC. These changes became effective on April 11, 2007.
At a meeting held on August 9, 2006, the Intermodal Interchange Executive Committee (IIEC) approved modifications to Appendix I, Administrative Procedures of the UIIA. The revisions included a modification to the language under Section II, Review Procedures for New or Revised Providers Addenda, Item II.C.1 and Item II.C.2. In addition a new Section VIII Non-Compliance of UIIA was added that set forth procedures in the event a participant does not comply with the terms and conditions of the UIIA.
These revisions became effective November 1, 2006.
At a meeting of the IIEC held on February 1, 2006, members unanimously voted to make the following revisions to the UIIA for the purposes of clarifying the intent of each provision.
Section B., Definition of Terms — modifications to Item B.7 Facility Operator and Item B.15 Facility Operator were revised to clarify that Facility Operators must be signatories to the Agreement in order to be extended coverage under the UIIA.
An editorial correction was made to Section E.1 to change the “A” in the term “Agreement” that is contained in the first portion of this provision to lower case and also to add language stating that an Equipment Provider’s Addendum is not considered a separate bilateral agreement.
These revisions became effective February 24, 2006.
The IIEC was asked to interpret whether the West Coast work actions of independent owner operators in California that occurred in April/May 2004, falls under Section G.12 Force Majeure. The IIEC determined that the work action in California did not fall under Section G.12. (Date of Decision: June 16, 2004).
The IIEC was asked to interpret whether the work action of independent contractors in New Orleans, Louisiana that occurred in April 2003, falls under Section G.12 Force Majeure. The IIEC determined that the work action in New Orleans did not fall under Section G.12. (Date of Decision: January 28, 2004)
The IIEC was requested to interpret Section D.2.a and D.2.b of the UIIA to determine if it is a requirement of the Agreement to include the driver's name on an electronic equivalent to the Equipment Interchange Receipt (EIR).
The IIEC reviewed the language currently contained in Section D.2, Equipment Interchange Receipts, which stipulates that, “The receipt shall be considered executed upon signature by both Parties or complete identification of both parties”. It was noted that the term “Parties” is defined in the Agreement as the Provider, Motor Carrier and/or Facility Operator who are signatories to the Agreement. Therefore, it could be interpreted that the information necessary to identify each party on the EIR (or electronic equivalent) would be the names of the Provider and the Motor Carrier, since they are the signatories to the Agreement, and not the individual company driver.
The committee concluded that, because the UIIA does not specifically address the types of information that should be included on the EIR it would not be mandatory for the driver's name be included on the documentation. The IIEC does however, recognize the importance of this issue, and has requested that its ocean and rail members research the type of information that is currently being documented on the EIR at the various rail ramps and marine terminals and report their findings back to the group for further review and discussion at the next scheduled meeting. (Date of Decision: January 28, 2004)
The IIEC was asked to interpret Section D.3.d and D.3.d(1) of the UIIA as it relates to motor carrier responsibility for damage to those items classified as wear and tear. Section D.3.d and D.3.d(1) state the following:
- Section D.3.d – Motor Carrier will return Equipment to the Provider in the same condition, reasonable Wear and Tear excepted.
- Section D.3.d – Motor Carrier will return Equipment to the Provider in the same condition, reasonable Wear and Tear excepted.
The IIEC maintained that the AAR TOFC/COFC Interchange Rules stipulates that damage to items classified as wear and tear are the responsibility of the Equipment Provider and not the Motor Carrier. (Date of Decision: October 1, 2003)
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