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UIIA Equipment Use
Frequently Asked Questions
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General Questions
1. Can the UIIA provide interpretations of language contained in the Agreement?
3. If an EP or MC is not abiding by the terms of the Agreement who can this be reported to?
Q-1: Can the UIIA provide interpretations of language contained in the Agreement?
A-1: The Intermodal Association of North America (IANA), in its administration of the UIIA, is not able to provide legal interpretations of the language contained in the Agreement. However, the Administrative Procedures, Appendix I, Section III. Requests for Interpretation of Agreement Provisions, provides the ability for participants to request interpretations of the Agreement by the Intermodal Interchange Executive Committee (IIEC). Please note that these interpretations are solely provided as a matter of guidance to the participant and limited to the applicability or consistency with existing provisions in the Agreement and/or Providers' Addenda.
Q-2: If a Motor Carrier has an issue with an EP that involves charges that were billed, can the UIIA contact the EP on the Motor Carrier's behalf?
A-2: Issues which involve charges are considered commercial matters that are beyond the scope of the Agreement and are handled in the individual EP addenda. The UIIA cannot adjudicate invoicing issues among participants. Matters involving commercial issues would need to be handled directly between the MC and the EP.
Q-3: If an EP or MC is not abiding by the terms of the Agreement who can this be reported to?
A-3: Participants should report non-compliance of the Agreement to the UIIA office. The UIIA will then notify the appropriate party of the violation. The party will be advised that as a signatory to the UIIA that they are bound by the terms and conditions of the Agreement and will be requested to take the appropriate steps to correct the matter that is not in compliance.
Q-4: If an EP changes the term of its addendum are they required to provide advanced notice of these changes?
A-4: Notifications of changes to an EP's addendum shall be thirty days from the date of the notice provided from the UIIA office notifying the Motor Carrier of the revision.
Q-5: When an EP suspends a Motor Carrier's interchange, is the EP required to notify the Motor Carrier in advance of the suspension?
A-5: The notification process for suspension of a Motor Carrier's interchange privileges relating to outstanding invoice are addressed under Section G.14.c. of the UIIA. The EP is required to notify the Motor Carrier of the pending suspension no less than (3) three business days prior to the suspension. The final notification should include the EP's contact information necessary for the Motor Carrier to resolve the outstanding issue.
If the suspension is related to a matter other than non-payment of outstanding invoices, the notification of the suspension would be addressed under Section C.2 of the UIIA. The EP shall provide to the Motor Carrier a written statement of the reason for the suspension by registered mail or confirmed facsimile within (5) five business days of the event causing the refusal of access.
Q-6: How long does an EP have to invoice me for per diem/use charges? What happens if the invoice is issued after this period?
A-6: Section E.6.c. of the UIIA states that the EP shall invoice the MC within 60 days from the date the equipment is returned to the EP. If an invoice is issued beyond this timeframe, the EP loses it right to collect the charges.
Q-7: If a Motor Carrier has an issue with an EP that involves charges that were billed, can the UIIA contact the EP on the Motor Carrier's behalf?
A-7:This information is contained in each of the EPs addenda. MCs can download copies of any EPs addenda when they access their account on-line. Simply go to "Update EP List" and click on the specific EP's company name. Scroll down to the bottom of the screen and click on "Current Addendum – click here to download". If you wish to download a past version of an EP's addendum, this information is also available by clicking on "Download All Addendum". Motor Carriers can download a file containing all EPs addenda in one document by clicking on "Download All Addendums" on the left hand navigation bar.
Q-8: What documentation is the EP required to provide to me when billing for per diem/use charges to support that my company is responsible for the invoice?
A-8: The Agreement does not address the specific documentation that the EP is required to provide, however it does indicate under Section E.6.e. that the EP shall provide documentation reasonably necessary to support its invoices.
Maintenance & Repair
9. Are there timeframes for billing for M&R repairs contained in the base UII Agreement?
10. What documentation is the EP required to provide to the Motor Carrier when billing for repairs?
13. Are there guidelines in the UIIA for which parties are responsible for specific repair items?
Q-9:Are there timeframes for billing for M&R repairs contained in the base UII Agreement?
A-9: Section E.3.c. of the Agreement set for the established timeframes for billing for repairs.
Standard Gate Systems (manned): Not later than 165 calendar days.
AGS Gates Systems (unmanned): Not later than 120 calendar days following the interchange transaction giving rise to the bill.
Q-10: What documentation is the EP required to provide to the Motor Carrier when billing for repairs?
A-10: Section E.3.a.1. of the UIIA identifies the required information the EP must provide when billing for repairs. This would include:
1) Copy of Actual Repair Invoice. In instances where the a copy of the actual repair bill is not available to Provider, documentation containing the repair vendor's name, repair date, location and a control number that ties the documentation to the invoice provided to the Motor Carrier is acceptable, in lieu of the actual repair bill.
2) Factual documentation supporting the Provider's determination that the Motor Carrier is responsible for the charges being billed. (i.e. A copy of an in-gate Equipment Interchange Receipt would be considered a type of factual documentation to substantiate charges billed.)
Q-11: Is the EP required to provide a copy of the out-gate Equipment Interchange Receipt when billing for repairs charges?
A-11: In December 2007, the Intermodal Interchange Executive Committee (IIEC) clarified that the EP was required to include a copy of the in-gate receipt and the actual repair invoice when billing for repairs. It is the responsibility of the Motor Carrier to ensure that their drivers request a copy of the out-gate receipt at the time of interchange. This document will be necessary should the Motor Carrier wish to dispute a repair invoice.
Q-12: If an EP uses a third party vendor for billing, is the vendor required to comply with the provisions of the UIIA? Who should the Motor Carrier report non-compliance of a third party vendor to?
A-12: Yes, it is the responsibility of the EP to ensure that any third party vendors they utilize for billing are aware of the terms and conditions of the UIIA and that the vendor's billing processes and procedures comply with the UIIA.
If a Motor Carrier finds that a third party billing vendor is not complying with the UIIA, they should report this information to the UIIA office. The EP will be advised of the non-compliance by the vendor and requested to contact them to correct the matter.
Q-13: Are there guidelines in the UIIA for which parties are responsible for specific repair items?
A-13: Exhibits B and C of the Agreement clarify damage and the responsibility for repair and/or replacement of equipment items as follows:
Exhibit B — identifies items that are the Owner's responsibility as a result of normal wear and tear. The Motor Carrier would only be responsible for the repair of items listed under this Exhibit if it was a result of "damage" caused by the Motor Carrier's negligence.
Exhibit C — identifies items that are the Motor Carrier's responsibility during the Interchange Period.
Q-14: What is the purpose of Exhibit A in the UIIA?
A-14: Exhibit A sets forth items that the Motor Carrier is responsible for visually or audibly checking prior to the use of the Equipment. It does not establish any kind of invoicing responsibilities. These items are set forth in Exhibits B and C.
Q-15: Can a Motor Carrier question the methodology used by an EP for determining the reasonable and customary costs associated with the reimbursement and replacement of tires?
A-15: A Motor Carrier can question whether the amount being charged by the EP is reasonable and customary, but it would be the responsibility of the Motor Carrier questioning the charges to conduct the research necessary to dispute the charges.
Dispute Resolution
16. How does a Motor Carrier dispute charges billed from an Equipment Provider?
17. How long does the Equipment Provider have to respond to a dispute?
22. Will the decisions under the DRP process be posted for all participants to view?
Q-16: How does a Motor Carrier dispute charges billed from an Equipment Provider?
A-16: Motor Carriers that wish to dispute charges (i.e. M & R or per diem) should determine whether the specific Equipment Provider's addendum contains a Dispute Resolution process. If so, you would dispute the invoice in accordance with the procedures contained in the EP's addendum. In absence of a dispute resolution process contained in the Equipment Provider's addendum, the default dispute resolution process in the UIIA under Section E.6.d. should be followed.
Q-17: How long does the Equipment Provider have to respond to a dispute?
A-17: The default dispute resolution process in Section E.6.d. of the UIIA indicates that the Equipment Provider will undertake to reconcile disputed items within 30 days of receipt of the dispute. If the Equipment Provider has its own dispute resolution process in its addendum, the Motor Carrier should refer to this provision for the timeframe.
Q-18: When can participants file a dispute under the mandatory and binding Dispute Resolution Process recently added to the UIIA?
A-18: Claims may be submitted under the mandatory and binding Dispute Resolution Process once issue has gone through the standard dispute resolution process in the UIIA/EP Addenda. Motor Carriers have 15 days from the EP's response under the standard dispute resolution process to pay the claim or seek arbitration. In addition, the incident giving rise to the claim must have occurred on or after August 1, 2008.
Q-19:What paperwork needs to be submitted in order to file a claim under the mandatory and binding Dispute Resolution Process?
A-19: To file a claim under the Dispute Resolution Process the party must complete the Notice of Intent to Seek Binding Arbitration form. In addition specific documentation supporting the claim must also accompany this form and the party must submit payment of the administrative filing fee of $50.00. Click here to obtain information regarding the paperwork required for submission of a claim under the DRP.
Q-20: How long will it take the arbitration panel to render a decision in a case under the DRP process?
A-20: The arbitration panel has 45 days from the date they are provided with the case to render a decision. Upon receipt of the panel's determination, both the Moving Party and the Responding Party will be notified by IANA of the panel's decision in the matter. The panel will include the basis for their findings with the decision they render.
Q-21: What recourse does either the EP or MC have should the other party not abide by the decision rendered by the arbitration panel?
A-21: Exhibit D of the UIIA, Item 14 addresses this point by indicating that both the EP and the Motor Carrier retain all their rights and remedies for the enforcement of the dispute resolution process.
Q-22: Will the decisions under the DRP process be posted for all participants to view?
A-22: A new section will be dedicated on the UIIA website to post DRP decisions for all participants to view. All involved parties identities will be removed before posting. Participants are encouraged to review this web page prior to submitting a claim to determine if a similar case has already been arbitrated under the DRP process.
