Railways Act, 1921

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Owner’s risk rates.

46.—(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 rates tribunal shall determine what reductions shall be made from the standard charges where damageable merchandise is carried by railway under owner’s risk conditions, and such reductions shall be shown or indicated in the schedules in such manner as the tribunal prescribe.

(2) Where an exceptional rate is in operation and the conditions applicable to that rate are the company’s risk conditions, or, as the case may be, the 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 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 rates tribunal, and the 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 rates 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) A railway 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.