(1) For the
purpose of these rules a "forwarder" shall be defined as a person engaged in
the business of soliciting, collecting or assembling shipments for the purpose
of combining the same into a shipment of such size as to be entitled to a
quantity rate and who forwards such shipment in his own name and at his own
risk by a common carrier at such quantity rate.
(2) A "broker" is a person engaged in the
business of providing, contracting for or undertaking to arrange for,
transportation of property by two or more common carriers.
(a) A broker's compensation shall be in the
form of a fixed fee or percentage of the total tariff charges which shall be
fixed and established by the commission based upon evidence submitted by the
affected party or parties, which in every instance must be collected from the
shipper by the broker and no charge for any service shall be collected from the
carrier. Every common carrier broker shall collect his fee, or percent of the
total revenue charges, as a separate item and in accordance with the provisions
of WAC
480-12-340 credit, extension of, by common carriers. Unless specifically
authorized by the commission no common carrier broker authorized to collect
charges from shippers for common carrier brokerage service shall collect from
said shipper the common carrier tariff charges arising from the highway
transportation of the property: Provided, That these provisions will not apply
to any person holding a broker permit issued by the commission prior to April
16, 1971. Such brokers may continue to operate under the terms and conditions
specified in their broker permit and under the commission rules which were in
effect at the time their broker permit was issued.
(3) A carrier holding a highway
transportation permit or an agent of such carrier, may not act as a shipper's
agent, except as may be specifically authorized by a common carrier forwarder
permit or a common carrier broker permit.
(4) A permit shall not be issued authorizing
any one person to operate both as a broker and a forwarder.
(5) A forwarder shall not be permitted to
charge rates which are lower than those prescribed for common carriers by motor
vehicle. Such forwarder shall ship only over the lines of common carriers
holding permits authorizing the transportation of general freight by motor
vehicle.
(6) A common carrier
broker, who also holds a common carrier permit authorizing highway
transportation, may not perform highway transportation of the property of a
shipper for which a common carrier brokerage service is rendered in equipment
acquired by lease from another common carrier holding its own authority to
provide the service.
(7) Every
shipper, or group or association of shippers engaged in consolidating or
distributing freight for themselves or for their members, and who wish to claim
exempt status under chapter 138, Laws of 1979 ex. sess. [
RCW
81.80.045] , shall notify the commission
promptly upon beginning such services and, in addition, shall comply with the
following:
Complete and file with the commission, by April 1 following
each year in which an exemption is claimed, a statement of nonprofit status,
notarized and dated, in substantially the following form:
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The undersigned has (have) performed services as
freight forwarder claiming exempt status under chapter 138, Laws of 1979 ex.
sess. [RCW 81.80.045] , in the year. . .
. , beginning in the month of . . . . . . . . There was no intent to perform
such services for a profit, and no profit was in fact made.
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. . . . . . . . . . . . . . . . . . . .
(Signature of forwarders)
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Subscribed and sworn to before me this . . . . . . .
. day of . . . . . . . . , 19 . . . .
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. . . . . . . . . . . . . . . . . . . .
Notary Public for the state of Washington in and for
the county of . . . . . . . .
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