National “Carrier”
Access Agreement
July 2015 – June 2016
Terminals
DP World Australia
Level 21, 400 George Street
Sydney NSW 2000
GPO Box 4084
Sydney NSW 2000
Tel +61 2 9270 8800
Fax +61 2 9270 8888
www.dpworldaustralia.com.au
ABN 27 129 842 093
July 1st 2015 – June 30th 2016
Page 1
“CARRIER” ACCESS AGREEMENT
2015 – 2016 DP World Australia
Contents
2015 – 2016 DP World Australia ............................................................................................................................ 2
1
Definitions....................................................................................................................................................... 4
Section 1 – Vehicle Booking System ...................................................................................................................... 2
2
Overview ......................................................................................................................................................... 2
3
Internet Access ................................................................................................................................................ 2
4
Registration Requirements .............................................................................................................................. 2
4.1 Registration Fee ............................................................................................................................................ 2
4.2 “Carrier” Access Codes................................................................................................................................. 2
5
Time Zone Information ................................................................................................................................... 2
6
Information Requirements .............................................................................................................................. 3
6.1
Import Delivery Times .......................................................................................................................... 3
6.2
Export Receival Times .......................................................................................................................... 3
7
VBS Fees ........................................................................................................................................................ 3
7.1
VBS Slot Booking Fee .......................................................................................................................... 3
7.2
Stack Run Ins ......................................................................................................................................... 3
7.3 Stack Run Outs............................................................................................................................................. 3
7.4 Manual Processing fee .................................................................................................................................. 3
7.5 No Show Fee ................................................................................................................................................. 3
7.6 Late Arrival/Wrong Zone Fee ....................................................................................................................... 3
7.7 Sideloader Fee (PBT & FRT ONLY) ........................................................................................................... 3
7.8 Weigh in Motion (FIT/PBT) ......................................................................................................................... 3
7.9 Failure to Pay ................................................................................................................................................ 4
7.10 VBS Fee Schedule....................................................................................................................................... 4
7.11 Port Botany Landside Improvement Strategy (PBLIS) ............................................................................... 4
8
VBS “Carrier” Classes .................................................................................................................................... 4
9
“Carrier” Class Matrix .................................................................................................................................... 4
10
Allocation of timeslots ............................................................................................................................... 5
11
“Carrier” Classes – Rules & Term ............................................................................................................. 5
12
“Carrier” Classes – Rules & Term ............................................................................................................. 5
12.1
'A' Class “Carrier” Booking Access Times ........................................................................................... 5
12.2
'B' Class “Carrier” Booking Access Times ............................................................................................ 5
12.3 'C' Class “Carrier” Booking Access Times ................................................................................................. 5
13
Time Slot Exchange .................................................................................................................................. 6
14
Import and Export Slot Swapping ............................................................................................................. 6
15
Changing a Booking ................................................................................................................................. 6
16
Bulk Stack Run In & Out ........................................................................................................................... 6
17
Cancellations - PBLIS ONLY.................................................................................................................... 6
Section 2 – Obligations of, and conditions for, the use of the Terminals................................................................ 7
18 Driver MSIC and Accreditation ....................................................................................................................... 7
19
General Safety Obligations ........................................................................................................................ 7
20
Terminals Arrival Procedures .................................................................................................................... 7
21
Documentation Requirements .................................................................................................................... 8
21.1
Exports................................................................................................................................................... 8
21.2
Imports................................................................................................................................................... 8
21.3
Hazardous Imports & Exports ............................................................................................................... 8
22
Container Availability ................................................................................................................................ 8
23
RFIDs ......................................................................................................................................................... 8
24
Terminals Contact Details .......................................................................................................................... 8
25
Chain of Responsibility.............................................................................................................................. 9
25.1
Truck Mass Limits ................................................................................................................................. 9
25.2
Dimension ............................................................................................................................................. 9
25.3
Fatigue Management ........................................................................................................................... 10
July 1st 2015 – June 30th 2016
Page 2
25.4
Entry .................................................................................................................................................... 10
25.5
Safety Clothing and Personal Protective Equipment ........................................................................... 10
25.6
Engaging/Disengaging Trailer/Tray Twistlocks .................................................................................. 10
25.7
Terminals Traffic Requirements .......................................................................................................... 10
26
Dangerous Goods ..................................................................................................................................... 10
27
Liability, Indemnity & Insurance ............................................................................................................. 11
27.1
Obligations of the “Carrier” ................................................................................................................ 11
27.2
Obligations of DP World Australia ..................................................................................................... 11
SECTION 3 - Termination and Default ................................................................................................................ 11
28
Dispute Resolution ................................................................................................................................... 11
28.1
No Obligation for Dispute Resolution without notice ......................................................................... 11
28.2
Election for Dispute Resolution........................................................................................................... 12
29
Recovery expenses ................................................................................................................................... 12
30
Interest ..................................................................................................................................................... 12
31
Account keeping fees ............................................................................................................................... 12
32
Termination .............................................................................................................................................. 12
33
Jurisdiction ............................................................................................................................................... 12
SECTION 4 – General Provisions ........................................................................................................................ 13
34
Miscellaneous .......................................................................................................................................... 13
35
GST .......................................................................................................................................................... 13
36
Payment Terms ........................................................................................................................................ 13
July 1st 2015 – June 30th 2016
Page 3
1
Definitions
“Carrier” means person(s), company, contractor,
sub- contractor or guarantor as referenced and
signed in the Vehicle Booking System (VBS)
registration form.
Employees include a contract “Carrier”,
independent contractor or owner driver whether
incorporated or not
Health and Safety Legislation means Acts,
Regulations, Codes of Practice and Australian
Standards in each relevant Australian jurisdiction
which deals with health and safety obligations and
compliance, and which is in force and amended
from time to time.
“Carrier” association means -:
Victorian Transport Association – VTA
Queensland Trucking Association – QTA
Australian Trucking Association – ATA NSW
Western Australia Road Transport Association WARTA
Insolvency Event means any of the following, or
any analogous, events:
(a)
the “Carrier” disposes of the whole or any
part of the “Carrier’s” assets, operations or
business other than in the ordinary course
of business;
“Carrier” Class means the level of VBS access
allocated to a “Carrier” based on the extent to
which it meets the “Carrier” Matrix criteria.
“Carrier” Class Year means each 12 month
period commencing on 1 July and ending on 30
June.
“Carrier” Matrix means the spreadsheet attached
to this Agreement and displayed on 1-Stop,
containing the KPIs and accompanying Terminalsspecific weightings which will determine an
individual “Carrier's “Carrier” Class for a “Carrier”
Class Year.
Chain of Responsibility Legislation means Acts,
Regulations, Codes of Practice and Australian
Standards in each relevant Australian jurisdiction
which deals with chain of responsibility obligations
and compliance, and which is in force and amended
from time to time.
Agreement means a relationship formed as a result
of the acceptance by DP World Australia of the
application by the “Carrier” for use of the Vehicle
Booking System (VBS) application for credit with
DP World Australia or guarantee.
Control has the
Corporations Act;
meaning
set
out
in
the “Carrier” ceases, or threatens to cease,
carrying on business;
(c)
the “Carrier” is unable to pay the
“Carrier’s” debts as the debts fall due;
(d)
any step is taken by a mortgagee to take
possession or dispose of the whole or any
part of the “Carrier’s” assets, operations or
business;
(e)
any step is taken for the “Carrier” to enter
into any arrangement or compromise with,
or assignment for the benefit of, the
“Carrier’s” creditors or any class of the
“Carrier’s” creditors; or
(f)
any step is taken to appoint an
administrator, receiver, receiver and
manager, trustee, provisional liquidator or
liquidator of the whole or any part of the
“Carriers” assets, operations or business;
Group Entities means, as the context requires, any
or all of the following:
the
1.
DP World Sydney Limited ACN 001 351
159;
2. DP World Brisbane Pty Limited ACN 130
876 701;
3. DP World (Fremantle) Limited ACN 009
106 763;
4. DP World Melbourne Limited ACN 000
049 301
Worker is defined in accordance with the Health
and Safety Legislation, and includes references to
Employees our e’ee’s and transport e’ee’s.
Dangerous Goods Legislation means Acts,
Regulations, Codes of Practice and Australian
Standards in each relevant Australian jurisdiction
which deals with dangerous goods or hazardous
substances obligations and compliance, and which
is in force and amended from time to time.
Default means failure of the “Carrier” to comply
with any term of this Agreement, the Terms and
Conditions referred to in this agreement, or any
other obligations of “Carrier” in relation to the
provision of services by DP World Australia.
VBS means the Vehicle Booking System operated
by DP World Australia through 1-Stop;
Driver Induction and Accreditation Training
means the Terminals-specific safety and terminalsaccess training provided by DP World Australia to
all “Carrier” drivers.
July 1st 2015 – June 30th 2016
(b)
1-Stop means http://www.1-Stop.biz, the website
platform through which DP World Australia
operates the VBS
Page 4
Where the context permits, references to “DP
World” and "DP World Australia" and
"Terminals" are references to DP World Australia
ABN 27 129 842 093 and Related Entities.
July 1st 2015 – June 30th 2016
PBT means Port Botany Terminal
WST means West Swanson Terminal
BNE means Fisherman Islands Terminal
FRT means Fremantle Terminal
Page 2
Section 1 – Vehicle Booking System
2
Overview
5
“Carrier” access to the Terminals is by pre-booked time
slots booked through the DP World Australia Vehicle
Booking System (VBS).
Time Zone Information
Each day is split into 24 time zones (Time Zones)
throughout the day from Monday to Sunday (inclusive) as
follows:
“Carriers” wishing to use the VBS are required to register
or re-register as a VBS user, prior to 1 July each year.
Daily Time Slot
“Carriers” are issued with a unique “Carrier” Access Code
enabling them to book their time slots electronically
through the VBS on the 1-Stop website.
Full Prefix Codes
Times
0000 – 0059
Zone ID
00
IMP
00I
EXP
00E
0100 - 0159
01
01I
01E
0200 - 0259
02
02I
02E
0300 – 0359
03
03I
03E
0400 – 0459
04
04I
04E
0500 – 0559
05
05I
05E
0600 – 0659
06
06I
06E
Access to the VBS is by logging on to 1-Stop at:
http://www.1-Stop.biz
0700 – 0759
07
07I
07E
0800 – 0859
08
08I
08E
Only one login is permitted per “Carrier”.
0900 – 0959
09
09I
09E
1000 – 1059
10
10I
10E
1100 – 1159
11
11I
11E
1200 – 1259
12
12I
12E
1300 – 1359
13
13I
13E
1400 – 1459
14
14I
14E
1500 – 1559
15
15I
15E
Each “Carrier” is required to complete a Truck
Registration Form (TRF) on which it must detail the
registration numbers for the trucks it manages and
operates. The TRF is available from 1-Stop.
1600 – 1659
16
16I
16E
1700 – 1759
17
17I
17E
1800 – 1859
18
18I
18E
1900 – 1959
19
19I
19E
4.1 Registration Fee
2000 – 2059
20
20I
20E
2100 – 2159
21
21I
21E
2200 – 2259
22
22I
22E
2300 – 2359
23
23I
23E
“Carrier” class shall be determined based upon the online
“Carrier” Matrix or formula between Terminals and
“Carrier” Association.
3
4
Internet Access
Registration Requirements
The VBS is only available for booking purposes to bona
fide “Carrier’s”. Bona fide “Carrier’s” are transport
companies that directly manage and operate trucks
carrying containers to and from the Terminals.
An annual Registration Fee applies to all “Carrier’s”, as
detailed in the registration form which is available from 1Stop and only one registration per “Carrier” is allowed.
Access to the VBS may be suspended if the Registration
Fee is not paid by the due date of the invoice.
4.2 “Carrier” Access Codes
“Carrier’s” are issued with a unique “Carrier” Access
Code when they first register for the VBS on 1-Stop. Each
“Carrier” is responsible for safeguarding its own “Carrier”
Access Code which must be used each time to log in and
book time slots on the VBS.
Only one user per “Carrier” can make time slot bookings
during a “Carrier’s” relevant “Carrier” Class Booking
Period.
July 1st 2015 – June 30th 2016
Page 2
Time Zone slot numbers consist of 9 alphanumeric
characters. The first 2 numeric characters indicate the
Time Zone based upon the 24-hour clock system. These
are followed by 1 alphabetical character to indicate
whether the time slot is an import (I) or an export (E) slot.
The last 6 numeric characters are the sequential time slot
number.
Additional Time Zones may be advertised from time to
time. In the event additional Time Zones are made
available, corresponding time slots will be created in the
VBS and “Carrier’s” advised accordingly via 1-Stop.
DP World Australia “Carrier” Access Agreement
DP World Australia will charge a fee for Stack Run Ins of
empty containers done and completed via 1-Stop.
6
Information Requirements
A Stack Run In Fee will be incurred per full container in
each Bulk Run In as per 7.10 VBS Fee Schedule.
When making a time slot booking, “Carrier’s” must
accurately enter into the VBS such information as DP
World Australia may require from time to time. The
following information is illustrative of what DP World
Australia may require:
(a)
Whether it is an Import or Export booking.
(b)
For the subject container(s), details about the
relevant vessel(s) including ship code and
voyage number.
(c)
The commodity group (e.g. Reefer, General,
Empty, Out of Gauge or Hazardous).
(d)
Container(s) Length (20’, 40’ or 45’).
(e)
Container(s) number.
(f)
Whether the Container(s) is full or empty.
(g)
(h)
Electronic Import Delivery Order (EIDO) PIN
number.
DP World Australia will charge for non-automated bulk
run ins. (FRT ONLY)
7.3 Stack Run Outs
A Stack Run Out Fee will be incurred per full or empty
container in each Stack Run Out as per 7.10 VBS Fee
Schedule.
7.4 Manual Processing fee
A Manual Processing Fee will apply to any container
which is not manifested via the VBS auto gate screen for
the corresponding time slot.
Exclusions to the fee are processing of hazardous export
containers, break bulk processing and shipping line empty
pools.
7.5 No Show Fee
Verified weight for each export.
For time slot bookings in relation to Import containers,
“Carrier’s” must provide the container number. This must
be done prior to zone as per Terminals time requirements
for PBT & WST as per set out in 1-stop.
“Carrier’s” who book time slots but fail to arrive for the
booking or to process a container will incur a No Show
Fee per time slot, These fees are payable within 14 days of
invoice date as per 7.10 VBS Fee Schedule.
7.6 Late Arrival/Wrong Zone Fee
“Carrier’s” who fail to provide an import container
number, where required, will not be able to manifest and
slot will be returned to the pool.
6.1 Import Delivery Times
“Carrier’s” who book time slots, but fail to arrive for the
booking within the nominated Time Zone will incur a
Wrong Zone Fee per time slot, outside zone will be
allowed at Terminals discretion with wrong zone fee may
apply These fees are payable within 14 days of invoice
“Carrier’s” may collect Import containers in the free
period (3) days no longer than 72 hours starting from the
advertised date.
7.7 Sideloader Fee (PBT & FRT ONLY)
6.2 Export Receival Times
The Sideloader fee will be payable on sideloader trailers
collecting import containers from the Port Botany and
Fremantle Terminals.
Time slots in relation to Export containers are available for
deposit over a set receival period prior to the arrival of the
relevant vessel. Export receival dates for each vessel are
advertised on 1-Stop.
7
VBS Fees
The amount of each fee, exclusive of GST, is listed in the
table immediately below clause 7.10.
7.1
VBS Slot Booking Fee
“Carrier’s” will incur a VBS Slot Booking Fee per time
slot booked. VBS Slot Booking Fees are payable within
14 days of invoice date.
7.2
Stack Run Ins
July 1st 2015 – June 30th 2016
Page 3
7.8 Weigh in Motion (FIT/PBT)
Both FIT and PBT have weigh in motion facilities. These
will be for all import full containers. The load
measurement devices are intended to ensure transport
operators are able to comply with axle load requirements
of vehicles using public roads. The Weigh in Motion fee
will be charged per full import container as per 7.10 VBS
Fee Schedule.
The Overweight Fee will be payable when a vehicle
departing the Terminals via the weigh in motion facility
receives a red light, does not have current permits and is
refused exit from the Terminals and DP World Australia
are required to remove one or more containers from the
trailer.
DP World Australia “Carrier” Access Agreement
7.9 Failure to Pay
Weigh in Motion Fee
(BNE ONLY)
If the balance of unpaid VBS Fees or any DP World
Australia invoices are not paid when due, DP World
Australia may suspend a “Carrier’s” access to both the
Terminals and the VBS. All collection and legal fees will
be charged to the “Carrier”.
Overweight Fee
RFID Tag
If a “Carrier” is disconnected from 1-Stop due to nonpayment of fees then a 1-Stop reconnection fee as per 7.10
VBS Fee Schedule will be charged to the “Carrier”.
Non-Compliant Hazardous
Fee
$5.30 per full import
container
$104.00 per container
removed from the vehicle
$93.60 per tag
$104.00 per container
7.10 VBS Fee Schedule
Exchange Slot
Fee Type
$59.50 per slot cancellation
Amount
All Rates in the schedule above are exclusive of GST.
Registration Fee
$67.40 per annum
VBS Administration Fee
(PBT PBLIS ONLY)
$11.34 total per slot
Admin $6.35/PBLIS Fee
$4.99
Stack Bulk Run In
$6.35 per full container
Non-Auto $1,081.60
For first 100 empty
containers – $10.82 per
container thereafter
Bulk Stack Run Out Fee
VBS Time Slot Fee
Exchange Slot
$119.00 per slot
Late arrival/ Wrong Zone
Fee
$59.50 per slot
Container Turning Fee
Brisbane
July 1st 2015 – June 30th 2016
VBS “Carrier” Classes
Each “Carrier” will be registered for one (and only one)
“Carrier” Class which is based on the level of VBS access
to which it is entitled.
The “Carrier” Classes are:
A
Standard “Carrier” – standard booking times and
exclusivity periods – Refer to Part A.
B
Major “Carrier” – enhanced booking times and
exclusivity periods – Refer to Part B.
C
Class “Carrier” – Specialised “Carrier”
$59.50 per slot cancellation
No Show Fee
Hazardous Inspection Fee
8
$6.35 per slot
$129.79 per job
1-Stop “Carrier”
Cancellation / Recon. Fee
Refer to the Port Botany Landside Operations Mandatory
standards under Part 3 of the Ports and Maritime
Administration Regulation 2012 and as amended for
further definitions and fees (PBT ONLY)
$6.35 per full container
$2.91 per container each
run
Manual Processing Fee
Sideloader Fee (PBT &
FRT ONLY)
7.11 Port Botany Landside Improvement Strategy
(PBLIS)
9
“Carrier” Class Matrix
The “Carrier” Matrix determines the “Carrier” Class to
which a “Carrier” is entitled and in turn its level of VBS
access for each “Carrier” Class Year.
The “Carrier” Matrix ranks “Carrier’s” according to the
extent to which a “Carrier” has met the KPI requirements
embedded in the “Carrier” Matrix for the previous
“Carrier” Class Year.
$56.16 per trailer
$124.80 per reconnection
Each “Carrier” will, via the VBS, be able to access its
current KPI performance.
$104.00 per import
container inspected
Rolling average scores will be generated weekly on the
VBS enabling a “Carrier” to confirm its current “Carrier”
Class and, based on its score to date, assess the “Carrier”
Class to which it would be entitled in the following
“Carrier” Class Year.
$104.00 per container
Page 4
DP World Australia “Carrier” Access Agreement
The review to the “Carrier” Matrix will occur prior to 30
June for the next “Carrier” Class Year.
The “Carrier” Matrix and each Terminal's specific KPI
weighting is attached and is also available on 1-Stop.
Until the end of the A Class Booking Period, ‘A’ Class
“Carrier’s” have exclusive access to any remaining unbooked time slots from the total ‘A’ class allotment pool.
From 1000 hrs and while ever a time slot is showing as
available on the VBS, ‘A’ Class “Carrier’s” have access,
in common with all other “Carrier” Classes without
restriction, to any remaining un-booked time slots.
10 Allocation of timeslots
A pool of timeslots is made available to each “Carrier”
Class during its specific “Carrier” Class Booking Period.
These times are subject to change by DP World.
During its particular “Carrier” Class Booking Period, a
“Carrier” is allowed to book a maximum number of time
slots per Time Zone. This may vary between Time Zones.
Part B – 'B' Class “Carriers”
12.2 'B' Class “Carrier” Booking Access Times
At the end of a “Carrier” Class Booking Period, all
“Carrier” Classes may compete for any remaining unbooked time slots without any “Carrier” Class restrictions.
Timeslot bookings open two working days in advance
from 0745 hrs to 0855 hrs (B Class Booking Period)). For
example, bookings for Wednesday open at 0745 hrs
Monday.
11 “Carrier” Classes – Rules & Term
Up to 0855 hrs of the B Class Booking Period, each ‘B’
Class “Carrier” has exclusive access to the B Class
allocation at these times subject to any maximum number
of time slots per “Carrier” per Time Zone booking limit.
Timeslot bookings for “A” and “B” and “C” class
“Carrier”s shall be available in accordance with the Terms
and Conditions found in the User Guide located on the 1Stop VBS website at: http://www.1-Stop.biz and in
accordance with this Agreement.
Until the end of the B Class Booking Period, ‘B’ Class
“Carrier’s” have exclusive access to any remaining unbooked time slots from the total ‘B’ class allotment pool.
These times are subject to change by DP World Australia
12 “Carrier” Classes – Rules & Term
Import and export slot swapping is available in accordance
with the Terms and Conditions found in the User Guide
located on the 1-Stop VBS website at: http://www.1Stop.biz.
From 1000 hrs of the B Class Booking Period and while
ever a time slot is showing as available on the VBS, ‘B’
Class “Carrier’s” have access, in common with all other
“Carrier” Classes without restriction, to any of the
remaining un-booked time slots.
These times are subject to change by DP World Australia.
Part A – 'A' Class “Carrier’s”
Timeslot bookings open 48 hours in advance for
Export/Import Bookings from 0715hrs to 0915hrs (B
Class Booking Period),
12.1 'A' Class “Carrier” Booking Access Times
Time slot bookings open two working days in advance
from 0915 hrs to 0955 hrs (A Class Booking Period). For
example, bookings for Wednesday open at 9.15 hrs
Monday.
Up to 0915hrs for the A Class Booking Period, each ‘A’
Class “Carrier” has exclusive access to the A Class
allocation subject to any maximum number of timeslots
per “Carrier” per Time Zone booking limit.
From the end of the B Class Booking Period and while
ever a timeslot is showing as available on the VBS, ‘B’
Class “Carrier’s” have access, in common with all other
“Carrier” Classes without restriction, to any of the
remaining un-booked timeslots. WST ONLY
Part C – 'C' Class “Carrier’s”
12.3 'C' Class “Carrier” Booking Access Times
From the end of the A Class Booking Period and while
ever a timeslot is showing as available on the VBS, ‘A’
Class “Carrier’s” have access, in common with all other
“Carrier” Classes without restriction, to any remaining unbooked timeslots.
Up to 0955 hrs of the A Class Booking Period, each ‘A’
Class “Carrier” has exclusive access to the A Class
allocation subject to any maximum number of time slots
per “Carrier” per Time Zone booking limit.
Timeslot bookings open 48 hours in advance for
Export/import Bookings from 0745hrs to 0915hrs (C
Class Booking Period),
At 0915hrs until the end of the C Class Booking Period,
‘C’ Class “Carrier’s” have exclusive access to any
remaining unbooked timeslots from the total ‘C’ class
allocation pool.
From the end of the C Class Booking Period and while
ever a timeslot is showing as available on the VBS, ‘C’
Class “Carrier’s” have access, in common with all other
July 1st 2015 – June 30th 2016
Page 5
DP World Australia “Carrier” Access Agreement
“Carrier” Classes without restriction, to any remaining unbooked timeslots.
For WSIT Bookings all “Carrier’s” can access timeslots
via 1Stop the weekday day prior at 1000hrs for Monday –
Friday timeslots and 1030hrs on Friday for weekend
timeslots.
13
17 Cancellations - PBLIS ONLY
Time Slot Exchange
DP World Australia provides a "Time Slot Exchange
Service" through 1-Stop. Full terms and conditions in
relation to this service can be found on 1-Stop.
If a time slot booking is successfully picked up using the
Time Slot Exchange Service, the responsibility for that
time slot lies with the “Carrier” who has taken that time
slot and will bear the liability for all fees as if it were the
original booking “Carrier”.
The original “Carrier” has responsibility until the time of
the pickup and will incur fees outlined in the rules if the
time slot is not successfully picked up on Time Slot
Exchange Service. For the avoidance of doubt, if the slot is
not taken after being listed on the service, the original
“Carrier” will remain liable for the No Show Fee if it does
not ultimately use the slot.
“Carrier’s” cannot list a slot after a time zone has
commenced.
14
Import and Export Slot Swapping
A “Carrier” may swap its own Import and Export time
slots (operating under each terminals VBS rules) to
facilitate back loading.
To clarify swaps may only be for the same category of
container for instance only import for import slot and
export for export slot.
This service is not offered by our Fremantle Terminal.
15
Changing a Booking
A “Carrier” may, except for container status (Import or
Export), change a time slot's booking information required
under clause 6 prior to the relevant truck arriving at the
Terminals.
16
Bulk Stack Run In & Out
A “Carrier” may, at DP World Australia's discretion, apply
on line for a Bulk Run In and/or Bulk Run Out. All Bulk
Run approvals will be according to the Terminal's specific
requirements including but not limited to minimal numbers
and associated time periods.
Unless otherwise agreed with the Terminals, all Bulk Runs
need to be conducted via the online Bulk Stack Run
System.
July 1st 2015 – June 30th 2016
Effective from 1 July 2015 (in Fremantle) all “Carrier’s”
may, at DP World Australia's discretion, arrange a Bulk
Run In and/or Bulk Run Out. All Bulk Run approvals will
be according to the Terminal's specific requirements
including but not limited to minimal numbers and
associated time periods.
Page 6
A “Carrier” may not cancel a time slot booking once it has
been entered in the VBS.
Australia reserves the right to cancel time slots within a
Time Zone.
Please refer to PBLIS Mandatory Standards
Regulations for Sydney Terminals.
and
DP World Australia reserves the right to cancel a Time
Zone. At least one hour’s notice will be given where
possible. DP World Australia will endeavour to assist
“Carrier’s” with replacement timeslots.
DP World Australia “Carrier” Access Agreement
Section 2 – Obligations of, and
conditions for, the use of the
Terminals
iv.
18 Driver MSIC and Accreditation
vi.
v.
Only drivers who successfully complete MSIC Driver
Induction and Accreditation Training with a valid MSIC
card will be permitted access to the Terminals.
vii.
viii.
A “Carrier” whose truck has been refused access for
service because its driver has not being accredited will
incur a PBLIS penalty (this only apply to PBT, as per
clause 7.11) for each time slot booked for that truck.
DP World Australia will not be liable for delays incurred
while drivers complete MSIC Driver Induction and
Accreditation Training.
19 General Safety Obligations
Each “Carrier” must ensure that its drivers and any other
relevant Workers conduct themselves in a safe manner and
comply with all the relevant site policies whilst at the
Terminals.
(a)
“Carrier’s” must implement, maintain and enforce
systems and procedures to ensure their compliance
with Health and Safety Legislation.
(b) “Carrier’s” may be required at any time to
demonstrate compliance with Health and Safety
Legislation at DP World Australia’s discretion.
Including but not limited to providing access to
drivers time logs.
(c)
(g) In the event of industry changes, changes to DP
World Australia's business circumstances or changes
to applicable laws, DP World Australia will advise all
parties of the necessary changes to this agreement in
advance of implementation.
(h) If DP World Australia determines in good faith that
the continued performance of a driver or any other
relevant Workers of the “Carrier” is not in the best
interests of DP World Australia, DP World Australia
may request that the “Carrier” replace the driver,
Worker, agent or contractor and the “Carrier”, subject
to all applicable laws, will promptly comply with
such a request.
All “Carrier’s” accessing the Terminals must have entered
into the VBS a pre-booked time slot for every container to
be handled, unless an alternative arrangement has been
agreed by DP World Australia.
“Carrier’s” must ensure that all health and safety
systems and procedures are drafted by appropriately
experienced and qualified persons based on risk
assessments conducted by appropriately experienced
and qualified persons.
“Carrier’s” are required to arrive at the Terminals for
container processing from the commencement of the Time
Zone and no later than 59 minutes after the
commencement of the Time Zone. For example, a truck
using a Time Zone 08 slot should arrive between 0800hrs
and 0859hrs.
“Carrier’s” who arrive early may be given access at the
Terminal’s discretion at the time.
Each “Carrier” must ensure that:
i. it immediately reports to DP World Australia
(prior to departure from the terminals) any
incident including damage to property or other
hazards;
ii. all drivers and any other relevant Workers are
suitably qualified and understand their and
Health and Safety responsibilities;
iii. all trucks are maintained in good, suitable and
roadworthy condition, including the
maintenance of speed limiting devices;
July 1st 2015 – June 30th 2016
The “Carrier” must ensure that it has the experience,
skills, proper equipment and resources to fulfil its
obligations under this agreement.
20 Terminals Arrival Procedures
(d) “Carrier’s” must ensure that their drivers and any
other relevant Workers are adequately trained,
inducted and informed of its health and safety
systems and procedures and those relevant to DP
World Australia whilst at the Terminals.
(e)
(f)
that its drivers comply with all laws including
traffic laws, Chain of Responsibility Legislation
and Health and Safety Legislation;
that it has sufficient number of trucks and
drivers to adequately and safely perform the
required services contained in this agreement;
its drivers and any other relevant Workers are
aware of and will comply with the terms of this
agreement;
its drivers and any other relevant Workers
comply with DP World Australia’s reasonable
directions whilst at the Terminals; and
its drivers and any other relevant Workers take
all reasonable steps to ensure that the
container(s) and/or load(s) are transported in a
safe and secure manner.
“Carrier’s” who arrive late may be given access to the
Terminals at the Terminal’s discretion at the time.
Late arrivals will be charged as per each Terminals rate’s.
“Carrier’s” who do not utilise their pre-booked time slot
will be charged a No Show Fee/ FTA.
All “Carrier’s” must have a DP World-Australia
authorised PIN (WST ONLY) BAT number (excl. WST)
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DP World Australia “Carrier” Access Agreement
clearly and prominently located on both doors (driver &
passenger) and on the cabin roof. The BAT number (excl.
WST) displayed must be at least 30cm long and 20 cm
high (A4 Landscape size).
For WST (only) all subcontractors will be issued a PIN
number from the transport company they represent. The
BAT number is required for safety, security and
operational reasons. A “Carrier” who does not comply
with these BAT number requirements may be refused
entry to the Terminals.
All drivers are required to check that they are carrying the
correct container number before exiting the Terminals. A
driver who does not comply with this may be refused entry
to the Terminals.
All drivers must carry with them at all times their
Maritime Security Identification Card (MSIC) in order for
the Terminals to comply with the Department of Transport
& Regional Security's National Maritime Security
Standards.
The MSIC must be presented at the Terminals security
gate upon entry. Any driver who does not have a valid
MSIC will be refused entry to the Terminals.
Entry to the Terminals is subject to the DP World
Australia conditions of entry detailed on signage at each
entry point to the Terminals. This includes full compliance
with security and Occupational Health & Safety
requirements.
“Carrier’s” and their employees may be required to
participate in Drug or Alcohol testing whilst at DP World
Australia facilities. All “Carrier’s” and their employees
must be free from alcohol and drugs whilst on our
premises. If a “Carrier” or their employees returns a
sample that indicates the presence of either drugs or
alcohol may be suspended or banned from accessing the
Terminals.
.
DP World Australia reserves the right to alter entry
arrangements in order to comply with legislative and
procedural requirements.
21.3 Hazardous Imports & Exports
Prior to completion of the truck manifest process and entry
into the Terminals a “Carrier” must lodge all relevant
hazardous materials documents (e.g. Multimodal
Hazardous Goods Form 1) as required by the relevant
regulatory body.
“Carrier’s” are responsible for ensuring the supply,
accuracy and legibility of all lodgements.
22
Container Availability
“Carrier’s” are responsible for checking that each
container is available and clear of any holds for delivery
prior to arriving at the Terminals. Failure to utilise a
timeslot due to ACS/AQIS detention will attract a No
Show Fee.
“Carrier’s” who fail to utilise a time slot can’t manifest
unpaid storage containers and due to unpaid storage will
be charged a No Show Fee.
DP World Australia are not liable or responsible for delay.
23
RFIDs
All trucks entering the Terminals must be fitted with a DP
World Australia authorised RFID unit. All trucks that are
pre-registered for access require an RFID. RFID tags will
be supplied at a cost as per 7.10 VBS Fee Schedule. (PBT
& FRT ONLY)
24
Terminals Contact Details
Key terminals telephone, email and facsimile numbers are:
PORT BOTANY TERMINAL - PBT
Transport Coordinator
+61 2 9394 0138
Transport Supervisor
+61 2 9394 0930
Transport Superintendent
+61 2 9394 0126
PBLIS Email: [email protected]
Yard Planner
+61 2 9394 0951
Email:
[email protected]
21 Documentation Requirements
WEST SWANSON TERMINAL - WST
“Carrier’s” must complete and lodge the following
documents:
For Current/Future Timeslots Enquires:
21.1 Exports
Receival & Delivery Coordinator
A pre-receival advice (PRA) must be lodged electronically
via 1-Stop for all Export containers (whether full or
empty) prior to arrival at the Terminals.
Email: [email protected]
21.2 Imports
Landside Superintendent
An EIDO must be lodged electronically with shipping Line
pin.
Email: [email protected]
Phone:
03 9680 0830
July 1st 2015 – June 30th 2016
Page 8
03 9680 0817
For Import Storage/VBS Fees/Penalty Enquires:
DP World Australia “Carrier” Access Agreement
(g) “Carrier”s must ensure that they will provide the
appropriate vehicle combinations for transportation
use in accordance with the information provided to it
including but not limited to information regarding
dimensions, mass and load restraint.
FISHERMAN ISLANDS TERMINAL - BNE
Key terminal telephone and email contact details are:
Transport Coordinator
07 3895 9360
Landside Manager
07 3895 9113
Production Team 24/7 &
VBS after Hours
07 3895 9124
(h) Without limiting the obligations referred to clause 19,
in assisting DP World Australia to achieve
compliance and the “Carrier’s” own compliance, its
drivers and any other relevant Workers at the
Terminals, the “Carrier” must:
i.
Email: [email protected]
ii.
FREMANTLE TERMINAL - FRT
iii.
Key terminal telephone, email and facsimile numbers are:
iv.
Customer Service – Switchboard 08 9430 0111
Transport Coordinator
08 9430 0131
Operations Supervisor
08 9430 0155
Email: [email protected]
25
(a)
(i)
Chain of Responsibility
DP World Australia takes its responsibilities under
Chain of Responsibility legislation seriously.
“Carrier’s” must implement, maintain and enforce
systems and procedures to ensure their compliance
with Chain of Responsibility legislation, including
but not limited to requirements for dimensions, mass,
load restraint and fatigue management container and
axle group weights.
(d) “Carrier’s” may be required at any time to
demonstrate compliance with the Chain of
Responsibility legislation at DP World Australia’s
discretion.
(e)
(f)
It is the “Carrier’s” responsibility to ensure that the
individual axle group weights and gross mass of their
trucks are within the legal limits to cart loads into and out
of the Terminals.
“Carrier’s” must ensure that equipment used to carry cargo
to and from the Terminals complies with all legal
requirements and weight restrictions and is adequately and
appropriately maintained and fit for purpose.
“Carrier’s” must ensure that accurate cargo weight advices
are provided to DP World Australia.
“Carrier’s” must ensure that their Chain of
Responsibility systems and procedures are drafted by
appropriately experienced and qualified persons
based on risk assessments conducted by appropriately
experienced and qualified persons.
DP World Australia relies on cargo weight advices
supplied by shipping lines, “Carrier’s” and the other
parties in the supply chain as being true and correct and
will not be liable for any such advices that are inaccurate
or incorrect.
25.2 Dimension
It is the “Carrier’s” responsibility to ensure that the
dimensions of their trucks are within the legal limits to cart
loads into and out of the Terminal.
“Carrier’s” must ensure that their drivers and any
other relevant Workers are adequately trained,
instructed and informed of the “Carrier’s” Chain of
Responsibility systems and procedures and those
relevant to DP World Australia whilst at the
Terminals.
July 1st 2015 – June 30th 2016
The “Carrier” must immediately report to DP World
Australia any instance where the “Carrier” has
received a penalty or notice from a relevant road
authority relating to non-compliance with Chain of
Responsibility Legislation or road traffic laws for the
Terminals.
25.1 Truck Mass Limits
(b) It is a condition of entry to the Terminals general
section that “Carrier’s” ensure they comply with all
Chain of Responsibility Legislation.
(c)
understand and follow DP World Australia's
relevant Chain of Responsibility systems and
procedures at the Terminals;
comply with all reasonable requests of DP
World;
comply with their own Chain of
Responsibility obligations; and
review operators' and/or drivers' compliance
with Chain of Responsibility Legislation, and
provide accurate and up to date Chain of
Responsibility systems and procedures to DP
World Australia when requested by DP World
Australia.
“Carrier’s” must ensure that all over dimensional cargo is
transported according to legal requirements. All
appropriate authorities, councils, police etc. must be
Page 9
DP World Australia “Carrier” Access Agreement
notified and approval authorised. Pilot vehicles should be
provided by the “Carrier” as per regulations.
“Carrier’s” must ensure that equipment used to carry cargo
to and from the Terminals complies with all legal
requirements and dimension restrictions.
All drivers must wear the mandatory personal protective
equipment (PPE) for the terminals - a high visibility vest
or high visibility clothing, safety shoes, hard hat and safety
eyewear. The said PPE must comply with the relevant
Australian Standards.
25.6 Engaging/Disengaging Trailer/Tray Twistlocks
DP World Australia relies on dimension advice supplied
by shipping lines, “Carrier’s” and the other parties in the
supply chain as being true and correct and will be under no
liability if any such advices are inaccurate or incorrect.
25.3 Fatigue Management
“Carrier’s” are required to ensure that drivers do not
exceed their maximum regulated hours for driving and
working.
Twistlocks should be rotated to allow loading/unloading of
the container in the truck parking area prior to entering the
yard. Trucks requiring a change of the configuration of the
twistlocks on the trailer/tray should proceed to the
designated truck pinning area. Prior to leaving the
Terminals, it is the driver’s responsibility to ensure that all
containers are correctly secured.
25.7 Terminals Traffic Requirements
“Carrier’s” must implement, maintain and enforce fatigue
management policies and procedures which comply with
the Chain of Responsibility Legislation and the Health and
Safety Legislation.
“Carrier’s” drivers must comply with the following:
•
•
Whilst the Terminals shall assist as much as practicable by
notifying delays via 1stop, all “Carrier’s” are responsible
for managing their drivers’ (workers,e’ees,contractors)
hours. “Carrier’s” must change over drivers who have
worked their maximum number of hours. Where a
“Carrier” does not have the ability to replace a driver, the
“Carrier” must cancel the move and withdraw the truck
from the Terminals.
•
•
•
•
•
•
“Carrier’s” may be required by DP World Australia at any
time to demonstrate compliance with fatigue management
requirements. “Carrier’s” found to be non-compliant may
have their access suspended until they can demonstrate
that effective procedures have been implemented to ensure
compliance with the law.
•
•
•
25.4 Entry
The Terminals has rules covering traffic flow directions
and procedures for all vehicles in the terminals including
designated standing areas for drivers. Drivers and any
other relevant Workers must also comply with the matters
contained in the local traffic management plan these are
amended from time to time. These are in place for the
safety of drivers, Terminals workers and other visitors.
Entry into the Terminals obligates operators and their
workers to adhere to these safety instructions. No children
or animals are allowed in the Terminals area.
Passengers for the purpose of driver training may be
permitted entry subject to possession of a valid MSIC and
being granted an entry authority letter from the Terminals
PFSO or as delegated. Passengers are also required to
follow the Terminals traffic management rules and comply
with the "Truck Driver Rules to Live By" document.
25.5 Safety Clothing and Personal Protective
Equipment
July 1st 2015 – June 30th 2016
•
•
•
26
(a)
Adhere to all site traffic requirements, e.g. stops
signs, traffic flows, hatched out areas, etc.
The maximum speed for all vehicles at the
Terminals is 20 km/h.
Truck drivers are to remain in their cabins while
inside the yard at all times.
The only time truck drivers are allowed to get out
of their trucks is in the designated area subject to
the PPE requirements stated above.
Truck Drivers must give way to all Terminals
vehicles or emergency vehicles at all times.
Stay clear of rail tracks/sidings
Do not drive under any suspended load
Do not drive through container stacks or cut
corners
Stay on the main roadways.
Never park in the long travel path of quay cranes
or RTGs.
Be aware that the area adjacent to the rear (wharf
side) track of the quay cranes is used to stow
ships lids. Do not park in this area or make uturns
Be aware that heavy machinery e.g. trucks,
forklifts, RTGs and quay cranes work in these
areas. Be aware of sounds/alarms indicating
movement of these machineries.
Terminals Layout Plan is available at the R&D
Office for reference.
Non-compliance may result in refusal of entry or
ejection from the Terminals.
Dangerous Goods
DP World Australia takes its obligations in relation to
the transport of dangerous goods seriously.
(b) “Carrier’s” and their Workers must comply with all
Dangerous Goods Legislation.
(c)
Page 10
Without limiting the matters referred to clause 19, in
assisting DP World Australia to achieve compliance
DP World Australia “Carrier” Access Agreement
and the “Carrier’s” own compliance, its drivers and
any other relevant Workers at the Terminals must:
i. understand and follow DP World Australia's
transport of dangerous goods systems and
procedures at the Terminals;
ii. comply with all reasonable requests of and
directions by DP World Australia;
iii. comply with its own transport of dangerous
goods legislative obligations; and
iv. conduct reviews of prime contractors' and/or
drivers' compliance with transport of
dangerous goods legislation, and provide
accurate and up to date transport of dangerous
goods systems and procedures when requested
to DP World Australia.
(d) “Carrier’s” must implement, maintain, and enforce
dangerous goods transportation policies and
procedures to ensure their compliance with relevant
dangerous goods legislation.
(e)
(f)
“Carrier’s” must ensure that their dangerous goods
transportation systems and procedures are drafted by
appropriately experienced and qualified persons
based on risk assessments conducted by appropriately
experienced and qualified persons.
“Carrier’s” must ensure that their drivers and any
other relevant Workers are adequately trained,
instructed and informed of the dangerous goods
transportation systems and procedures and those
relevant to DP World Australia whilst at the
Terminals.
(g) “Carrier’s” may be required at any time to
demonstrate compliance with relevant dangerous
goods transportation legislation at DP World
Australia’s discretion.
Liability, Indemnity & Insurance
any breach of this Agreement by DP World
Australia;
(b)
any negligent act or omission or wilful misconduct of
DP World Australia; and
(c)
any damage to the “Carrier’s” property where such
damage is the fault of DP World Australia,
except to the extent that such loss or damage is caused by a
breach of this Agreement or an act or omission
constituting negligence or wilful misconduct by the
“Carrier”, its drivers, agents or contractors.
DP World Australia will not be liable to the “Carrier” for
any liability or claim of any kind arising directly or
indirectly (whether under statute, contract, tort, negligence
or otherwise) in relation to any indirect or consequential
loss (including but not limited to any loss of actual or
anticipated profits, revenue, savings, production, business,
opportunity, access to markets, goodwill, reputation,
publicity, or use) or any remote, abnormal or
unforeseeable loss or any similar loss whether or not in the
reasonable contemplation of the parties.
SECTION 3 - Termination and
Default
(a)
any breach of this Agreement by the “Carrier”, its
drivers, agents or contractors;
(b)
any act or omission (whether negligent or not) or
wilful misconduct of the “Carrier”, its drivers, agents
or contractors; and
July 1st 2015 – June 30th 2016
(a)
Such covers are required always to be current and valid
and “Carrier’s” are required to provide a copy of the
current certificate of currency evidencing such to DP
World Australia upon request.
The “Carrier” must indemnify and keep indemnified DP
World Australia in respect of any loss or damage or death
or injury to any person as a consequence of:
any damage to DP World Australia's property where
such damage is the fault of the “Carrier”, its drivers,
agents or contractors,
DP World Australia must indemnify and keep indemnified
the “Carrier” in respect of any loss or damage or death or
injury to any person as a consequence of:
All “Carrier’s” accessing the Terminals must hold the
following insurances:(a) third party general liability cover: $20,000.000
(b) auto liability/ motor vehicle insurance
(c) workers compensation cover
27.1 Obligations of the “Carrier”
(c)
27.2 Obligations of DP World Australia
27.3 Insurance
(h) Without limiting this clause 26, the “Carrier” must
continue to comply with the requirements of clause
21.3.
27
except to the extent that such loss or damage is caused by a
breach of this Agreement or an act or omission
constituting negligence or wilful misconduct by DP World
Australia.
28
Dispute Resolution
28.1 No Obligation for Dispute Resolution without
notice
To avoid doubt, notwithstanding anything provided for in
this Agreement, or this clause, unless written notice is
provided to the “Carrier” requesting dispute resolution in
accordance with clause 28.2, DP World Australia has no
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DP World Australia “Carrier” Access Agreement
the DP World Australia requiring the “Carrier” to
do so;
obligation to enter into any form of dispute resolution with
the “Carrier”.
(b)
the “Carrier” is in Default and that Default is not
capable of remedy;
If any dispute arises between DP World Australia and a
“Carrier”, and notice is provided as set out in clause 28.1,
at DP World Australia’s election the parties must attempt
in good faith to negotiate a resolution of the dispute.
(c)
there is any change in the Control of the
“Carrier”; or
(d)
an Insolvency Event arises in relation to the
“Carrier”.
If after 5 working days (or any longer period as may be
agreed) the parties are unable to reach a resolution, the
dispute must be referred to their respective general
managers (or their nominees) who must have authority to
resolve the dispute.
Upon Default the “Carrier” may also vary, suspend or
terminate any approved credit limit and/or terms of trade.
28.2 Election for Dispute Resolution
33
This Agreement and any claim or dispute between DP
World Australia and the “Carrier” shall be governed by the
laws of Western Australia and the parties submit to the
jurisdiction of the Courts of Western Australia in respect
of claims, proceedings and matters arising out of, or in
respect of this Agreement.
The parties' general managers must use their reasonable
endeavours and act in good faith in an attempt to resolve
the dispute.
29
Recovery expenses
Subject to the provisions of any applicable legislation, the
“Carrier” agrees to pay and reimburse DP World Australia
on demand for all legal costs, or other costs or expenses
suffered or incurred by DP World Australia in respect of
the preparation of any agreements, personal guarantees,
securities or other documentation required by DP World
Australia to document or secure the provision of credit to
the “Carrier” together with all collection and enforcement
costs and expenses which DP World Australia may suffer
or incur in connection with the supply of services or
provisions of credit to the “Carrier” including (without
limitation) legal costs on a full Indemnity basis.
30
Interest
After the due date of payment, DP World Australia may
charge the “Carrier” interest on outstanding amounts
payable, calculated on a daily balance, at the rate of the
then current Cash Rate Target published by the Reserve
Bank of Australia increased by 4%
31
Account keeping fees
DP World Australia may charge the “Carrier” an account
service fee of 2.0 per cent per month on all outstanding
amounts owed by the “Carrier” to DP World Australia
both before and (as a separate independent obligation)
after any judgment.
32
Termination
DP World Australia may immediately terminate, or
suspend the performance of, any access, Agreement and
the “Carrier” must immediately pay any money owed to
DP World Australia if:
(a)
the “Carrier” is in Default does not remedy the
Default within 7 days of receiving a notice from
July 1st 2015 – June 30th 2016
Jurisdiction
Page 12
DP World Australia “Carrier” Access Agreement
SECTION 4 – General
Provisions
34
Miscellaneous
DP World Australia provides access to the VBS and the
Terminals on the terms and conditions set out in this
“Carrier” Access Agreement.
By completing and lodging registration forms and
continuing to make bookings on the VBS, the “Carrier”
agrees that these terms and conditions govern the
relationship between the “Carrier” and DP World Australia
to the exclusion of any other terms and conditions, unless
otherwise agreed to in writing by DP World Australia.
DP World Australia reserves the right to amend this
“Carrier” Access Agreement and alter the terms and
conditions of the VBS, including fees, from time to time
without notice to the “Carrier”.
To the extent that any of these terms and conditions are
unenforceable, illegal or void, that provision is severed and
the other provisions of this Agreement remain in force.
35
GST
All amounts required to be paid under this Agreement are
expressed exclusive of GST and GST must be paid in
addition and at the same time upon presentation of an
appropriate tax invoice.
36
Payment Terms
Unless otherwise agreed, the “Carrier” must pay for the
invoiced services within 14 days of the date of invoice, or
earlier at the request of DP World Australia if the credit
limit is exceeded. Time is of the essence in respect of the
“Carrier’s” obligations to make payment to DP World
Australia.
Non-payment may result in either the suspension/
Termination of access to the Terminals.
July 1st 2015 – June 30th 2016
Page 13