Railways Act, 1924

Owner's risk rates.

44.—(1) When settling a schedule of charges, or within twelve months or such longer period thereafter as in any case the Minister may allow, the railway tribunal shall determine what reductions shall be made from the standard charges where damageable merchandise is carried by the amalgamated company under owner's risk conditions, and such reductions shall be shown or indicated in the schedule in such manner as the railway tribunal prescribes.

(2) Where an exceptional rate is in operation and the conditions applicable to that rate are company's risk conditions, or, as the case may be, owner's risk conditions, and the difference in the company's liability under the two sets of conditions in respect of the merchandise in question is not insignificant, the amalgamated company shall, on request in writing by a trader, quote a corresponding rate under the other conditions, and, if within twenty-eight days from such request the company fails to quote such a rate to the satisfaction of the trader, the trader may apply to the railway tribunal, and the railway tribunal shall settle such corresponding rate and determine the date as from which it is to come into operation.

(3) The difference between an ordinary rate and an owner's risk rate shall be such as in the opinion of the railway tribunal is fairly equivalent to the amount by which the risk of the company in the case of the merchandise in question differs under the two sets of conditions.

(4) The amalgamated company shall be under no obligation to carry livestock at owner's risk rates in cases in which livestock is not at the date of the passing of this Act carried at reduced rates under owner's risk conditions.