57Failure or refusal to perform truck servicing

57 Failure or refusal to perform truck servicing

57 Failure or refusal to perform truck servicing

(1) If a stevedore fails or refuses to perform the truck servicing for which a booking (the failed booking) has been made—

(a) the stevedore is liable to pay the carrier a financial penalty of $100, and

(b) the stevedore must make another slot available for booking by the carrier in a time zone that is no later than 24 hours after the time zone for the failed booking, and

(c) the carrier is not liable to pay the stevedore a booking fee for the failed booking, and

(d) the carrier is not liable to pay the stevedore storage charges that would otherwise be payable for the storage of cargo in connection with the failed booking during the 24 hours after the time zone for the failed booking.

(2) A carrier is entitled to the repayment of a fee or charge already paid by the carrier if the carrier is not liable to pay the fee or charge because of this section.

(3) A stevedore must not demand or accept payment of a fee or charge from a carrier if the carrier is not liable to pay the fee or charge because of this section.

Maximum penalty—100 penalty units.

(4) A stevedore must make another slot available for booking by a carrier as required by subsection (1)(b).

Maximum penalty—100 penalty units.

(5) This section does not apply to a failure or refusal to perform truck servicing that results from—

(a) the truck not being capable of receiving the services for which the truck is booked, or

(b) an act or omission of the carrier or the driver of the truck that prevents the stevedore from—

(i) providing the services for which the truck is booked, or

(ii) providing the services within the truck turnaround time for the booking.

(6) The mandatory standards may require allowances and concessions to be made by a stevedore if—

(a) there is a failure or refusal by the stevedore to perform truck servicing within the truck turnaround time, and

(b) the failure or refusal results in a delay for a carrier in connection with another booking.