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Disintegration of exceptional rates.
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38.—(1) Where application is made to the railway tribunal to fix or sanction any exceptional rate for the carriage of merchandise between two stations, or between a station and a siding, or between two sidings, or between either a station or a siding and a junction, the railway tribunal in fixing or sanctioning the exceptional rate shall determine the amounts (if any) to be included in the rate for the following services:—
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(a) conveyance;
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(b) station terminals;
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(c) service terminals;
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(d) accommodation provided and services rendered at or in connection with a private siding.
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(2) Where the amalgamated company grants an exceptional rate for the carriage of merchandise between two stations or between a station and a siding, or between two sidings, or between either a station or a siding and a junction, without reference to the railway tribunal, and the company shows in the quotation for the rate and in the rate book the amount (if any) included therein for such several services as aforesaid, the disintegration of the exceptional rate as so shown shall be conclusive unless a trader interested in the rate complains that the amount allocated to any particular service is unreasonable, in which event the onus of proof shall be on the amalgamated company.
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(3) Where the amalgamated company in granting such an exceptional rate has not distinguished in the quotation for the rate or in the rate book the amounts included therein for such several services as aforesaid—
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(a) the rate in the case of a station-to-station rate shall be deemed to be composed of conveyance rate and terminal charges in proportion to the amounts included in the corresponding standard rate for the same service and accommodation in respect of similar goods between the same stations; and
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(b) in the case of any other rate, the company shall, within fourteen days after application in writing by any person interested in the disintegration of the rate, afford that person information of the amounts (if any) included in the rate for the several services aforesaid.
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(4) Any dispute as to the disintegration of any such exceptional rate shall be determined by the railway tribunal at the instance of either a trader or the amalgamated company.
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(5) For the purposes of determining any question of an alleged undue or unreasonable preference or advantage, the railway tribunal shall not have regard to the separate component parts of any rate as shown in the rate book or as determined by this section, but shall, unless in any case in which an application has been made for the purpose it is proved to the satisfaction of the railway tribunal that a consideration of the component parts of the rate would be fair and reasonable, determine the question in reference to the total rate for carriage applicable to the merchandise in respect of which such undue or unreasonable preference or advantage is alleged to arise and the conditions under which the rate applies.
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