N.M. Admin. Code § 18.3.11.21 - IMPRACTICABLE OPERATIONS AND SERVICE
No HGC shall be required to perform any service at a place which is inaccessible, or where the operation of motor vehicles or presence of personnel would subject either to unreasonable risk, loss or damage such as, but not limited to, road conditions, buildings, riots, strikes, war, civil disturbances, and all other hazards.
A. When, due to inaccessibility or otherwise,
a HGC cannot perform pickup, delivery, or other services, the HGC will make the
motor vehicle available at the nearest accessible point deemed reasonably safe
for its operation and personnel.
B.
When an HGC, due to inaccessibility or otherwise, cannot operate its motor
vehicle to the point of pick-up or delivery, upon permission of the shipper or
consignee the HGC may utilize smaller equipment and more labor to continue the
move and may charge additionally as provided in the HGC's tariff.
C. When a shipper will not accept delivery at
the nearest point of safe approach, the HGC may place the shipment in the
nearest public warehouse or storage facility. At that time, the shipment shall
be deemed delivered and all charges shall be due and payable immediately.
Transport charges shall be computed from the loading point of origin to the
delivery destination point, and then from the destination point to the public
warehouse or storage facility, on a continuous mileage or hourly basis,
whichever is applicable.
Notes
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