PART 375—TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE by tym76564

VIEWS: 19 PAGES: 42

									                                                                      § 374.505                                                             49 CFR Ch. III (10–1–07 Edition)

                                                                      in a certificate issued as a result of an                 PART 375—TRANSPORTATION OF
                                                                      application filed before January 2, 1967,                   HOUSEHOLD GOODS IN INTER-
                                                                      may transport special or chartered par-                     STATE COMMERCE; CONSUMER
                                                                      ties, in interstate or foreign commerce,                    PROTECTION REGULATIONS
                                                                      between any points and places in the
                                                                      United States (including Alaska and                            Subpart A—General Requirements
                                                                      Hawaii). The term ‘‘special or char-
                                                                      tered party’’ means a group of pas-                       Sec.
                                                                      sengers who, with a common purpose                        375.101 Who must follow these regulations
                                                                      and under a single contract, and at a                         in this part?
                                                                      fixed charge for the vehicle in accord-                   375.103 What are the definitions of terms
                                                                                                                                    used in this part?
                                                                      ance with the carrier’s tariff, have ac-
                                                                                                                                375.105 What are the information collection
                                                                      quired the exclusive use of a passenger-                      requirements of this part?
                                                                      carrying motor vehicle to travel to-
                                                                      gether as a group to a specified des-                     Subpart B—Before Offering Services to My
                                                                      tination or for a particular itinerary.                                 Customers

                                                                      § 374.505     Exceptions.                                             LIABILITY CONSIDERATIONS

                                                                        (a) Incidental charter rights do not                    375.201 What is my normal liability for loss
                                                                      authorize the transportation of pas-                          and damage when I accept goods from an
                                                                                                                                    individual shipper?
                                                                      sengers to whom the carrier has sold
                                                                                                                                375.203 What actions of an individual ship-
                                                                      individual tickets or with whom the                           per may limit or reduce my normal li-
                                                                      carrier has made separate and indi-                           ability?
                                                                      vidual transportation arrangements.
                                                                        (b) Service provided under incidental                               GENERAL RESPONSIBILITIES
                                                                      charter rights may not be operated be-                    375.205 May I have agents?
                                                                      tween the same points or over the same                    375.207 What items must be in my advertise-
                                                                      route so frequently as to constitute a                        ments?
                                                                      regular-route service.                                    375.209 How must I handle complaints and
                                                                        (c) Passenger transportation within                         inquiries?
                                                                                                                                375.211 Must I have an arbitration program?
                                                                      the Washington Metropolitan Area
                                                                                                                                375.213 What information must I provide to
                                                                      Transit District (as defined in the                           a prospective individual shipper?
                                                                      Washington Metropolitan Area Trans-
                                                                      portation Regulation Compact, Pub. L.                         COLLECTING TRANSPORTATION CHARGES
                                                                      No. 86–794, 74 Stat. 1031 (1960), as                      375.215 How must I collect charges?
                                                                      amended by Pub. L. No. 87–767, 76 Stat.                   375.217 May I collect charges upon delivery?
                                                                      (1962) is not authorized by these regula-                 375.219 May I extend credit to shippers?
                                                                      tions, but is subject to the jurisdiction                 375.221 May I use a charge or credit card
                                                                      and regulations of the Washington                             plan for payments?
                                                                      Metropolitan      Area    Transportation
                                                                      Commission.                                                  Subpart C—Service Options Provided
                                                                        (d) A private or public recipient of                    375.301 What service options may I provide?
                                                                      governmental assistance (within the                       375.303 If I sell liability insurance coverage,
                                                                      meaning of 49 U.S.C. 13902(b)(8)) may                         what must I do?
                                                                      provide service under incidental char-
                                                                      ter rights only for special or chartered                         Subpart D—Estimating Charges
                                                                      parties originating in the area in which
                                                                                                                                375.401 Must I estimate charges?
                                                                      the private or public recipient provides                  375.403 How must I provide a binding esti-
                                                                      regularly scheduled mass transpor-                            mate?
                                                                      tation services under the specific quali-                 375.405 How must I provide a non-binding
                                                                      fying certificate that confers its inci-                      estimate?
                                                                      dental charter rights.                                    375.407 Under what circumstances must I re-
                                                                                                                                    linquish possession of a collect-on-deliv-
                                                                      [54 FR 46619, Nov. 6, 1989. Redesignated at 61                ery shipment transported under a non-
                                                                      FR 54709, Oct. 21, 1996, as amended at 62 FR                  binding estimate?
cprice-sewell on PROD1PC63 with CFR




                                                                      15423, Apr. 1, 1997]                                      375.409 May household goods brokers pro-
                                                                                                                                    vide estimates?

                                                                                                                           92



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00102   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                                § 375.103

                                                                           Subpart E—Pick Up of Shipments of                        of ALL charges, how do I collect the bal-
                                                                                   Household Goods                                  ance?
                                                                                                                                375.807 What actions may I take to collect
                                                                                       BEFORE LOADING                               the charges upon my freight bill?
                                                                      375.501    Must I write up an order for service?
                                                                      375.503    Must I write up an inventory?                                Subpart I—Penalties
                                                                      375.505    Must I write up a bill of lading?
                                                                                                                                375.901 What penalties do we impose for vio-
                                                                                   WEIGHING THE SHIPMENT                            lations of this part?
                                                                      375.507 Must I determine the weight of a                  APPENDIX A TO PART 375—YOUR RIGHTS AND
                                                                          shipment?                                                RESPONSIBILITIES WHEN YOU MOVE
                                                                      375.509 How must I determine the weight of                  AUTHORITY: 5 U.S.C. 553; 49 U.S.C. 13102,
                                                                          a shipment?                                           13301, 13704, 13707, 14104, 14706, 14708; and 49
                                                                      375.511 May I use an alternative method for               CFR 1.73.
                                                                          shipments weighing 3,000 pounds or less?
                                                                      375.513 Must I give the individual shipper an               SOURCE: 68 FR 35091, June 11, 2003 unless
                                                                          opportunity to observe the weighing?                  otherwise noted.
                                                                      375.515 May an individual shipper waive his/
                                                                          her right to observe each weighing?
                                                                      375.517 May an individual shipper demand
                                                                                                                                Subpart A—General Requirements
                                                                          re-weighing?
                                                                      375.519 Must I obtain weight tickets?                     § 375.101 Who must follow the regula-
                                                                      375.521 What must I do if an individual ship-                 tions in this part?
                                                                          per wants to know the actual weight or                  You, a household goods motor carrier
                                                                          charges for a shipment before I tender                engaged in the interstate transpor-
                                                                          delivery?
                                                                                                                                tation of household goods, must follow
                                                                        Subpart F—Transportation of Shipments                   the regulations in this part when offer-
                                                                                                                                ing your services to individual ship-
                                                                      375.601 Must I transport the shipment in a                pers. You are subject to this part only
                                                                          timely manner?
                                                                                                                                when you transport household goods
                                                                      375.603 When must I tender a shipment for
                                                                          delivery?                                             for individual shippers by motor vehi-
                                                                      375.605 How must I notify an individual                   cle in interstate commerce. Interstate
                                                                          shipper of any service delays?                        commerce is defined in § 390.5 of this
                                                                      375.607 What must I do if I am able to tender             subchapter.
                                                                          a shipment for final delivery more than
                                                                          24 hours before a specified date?                     [72 FR 36771, July 5, 2007]
                                                                      375.609 What must I do for shippers who
                                                                          store household goods in transit?                     § 375.103 What are the definitions of
                                                                                                                                    terms used in this part?
                                                                           Subpart G—Delivery of Shipments
                                                                                                                                  Terms used in this part are defined as
                                                                      375.701 May I provide for a release of liabil-            follows. You may find other terms used
                                                                          ity on my delivery receipt?                           in these regulations defined in 49
                                                                      375.703 What is the maximum collect-on-de-                U.S.C. 13102. The definitions contained
                                                                          livery amount I may demand at the time                in this statute control. If terms are
                                                                          of delivery?
                                                                                                                                used in this part and the terms are nei-
                                                                      375.705 If a shipment is transported on more
                                                                          than one vehicle, what charges may I                  ther defined here nor in 49 U.S.C. 13102,
                                                                          collect at delivery?                                  the terms will have the ordinary prac-
                                                                      375.707 If a shipment is partially lost or de-            tical meaning of such terms.
                                                                          stroyed, what charges may I collect at                  Advertisement means any communica-
                                                                          delivery?                                             tion to the public in connection with
                                                                      375.709 If a shipment is totally lost or de-
                                                                                                                                an offer or sale of any interstate house-
                                                                          stroyed, what charges may I collect at
                                                                          delivery?                                             hold goods transportation service. This
                                                                                                                                includes written or electronic database
                                                                           Subpart H—Collection of Charges                      listings of your name, address, and
                                                                                                                                telephone number in an on-line data-
                                                                      375.801 What types of charges apply to sub-               base. This excludes listings of your
                                                                          part H?
                                                                      375.803 How must I present my freight or ex-              name, address, and telephone number
                                                                          pense bill?                                           in a telephone directory or similar pub-
cprice-sewell on PROD1PC63 with CFR




                                                                      375.805 If I am forced to relinquish a collect-           lication. However, Yellow Pages adver-
                                                                          on-delivery shipment before the payment               tising is included in the definition.

                                                                                                                           93



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00103   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      § 375.103                                                             49 CFR Ch. III (10–1–07 Edition)

                                                                        Cashier’s check means a check that                      vidual on behalf of the shipper. House-
                                                                      has all four of the following character-                  hold goods includes property moving
                                                                      istics:                                                   from a factory or store if purchased
                                                                        (1) Drawn on a bank as defined in 12                    with the intent to use in a dwelling and
                                                                      CFR 229.2.                                                transported at the request of the
                                                                        (2) Signed by an officer or employee                    householder, who also pays the trans-
                                                                      of the bank on behalf of the bank as                      portation charges.
                                                                      drawer.                                                     Household goods motor carrier means—
                                                                        (3) A direct obligation of the bank.                      (1) In general, a motor carrier that,
                                                                        (4) Provided to a customer of the                       in the ordinary course of its business of
                                                                      bank or acquired from the bank for re-                    providing transportation of household
                                                                      mittance purposes.                                        goods, offers some or all of the fol-
                                                                        Certified scale means any scale in-                     lowing additional services:
                                                                      spected and certified by an authorized                      (i) Binding and nonbinding estimates;
                                                                      scale inspection and licensing author-                      (ii) Inventorying;
                                                                      ity, and designed for weighing motor                        (iii) Protective packing and unpack-
                                                                      vehicles, including trailers or semi-                     ing of individual items at personal resi-
                                                                      trailers not attached to a tractor, or                    dences;
                                                                      designed as a platform or warehouse                         (iv) Loading and unloading at per-
                                                                      type scale.                                               sonal residences.
                                                                        Commercial shipper means any person                       (2) The term includes any person con-
                                                                      who is named as the consignor or con-                     sidered to be a household goods motor
                                                                      signee in a bill of lading contract who                   carrier under regulations, determina-
                                                                      is not the owner of the goods being                       tions, and decisions of the Federal
                                                                      transported but who assumes the re-                       Motor Carrier Safety Administration
                                                                      sponsibility for payment of the trans-                    in effect on the date of enactment of
                                                                      portation and other tariff charges for                    the Household Goods Mover Oversight
                                                                      the account of the beneficial owner of                    Enforcement and Reform Act of 2005
                                                                      the goods. The beneficial owner of the                    (August 10, 2005).
                                                                      goods is normally an employee of the                        (3) The term does not include any
                                                                      consignor and/or consignee. A freight                     motor carrier providing transportation
                                                                      forwarder tendering a shipment to a                       of household goods in containers or
                                                                      carrier in furtherance of freight for-                    trailers that are entirely loaded and
                                                                      warder operations is also a commercial                    unloaded by an individual other than
                                                                      shipper. The Federal government is a                      an employee or agent of the motor car-
                                                                      government bill of lading shipper, not a                  rier.
                                                                      commercial shipper.                                         Individual shipper means any person
                                                                        Force majeure means a defense pro-                      who—
                                                                      tecting the parties in the event that a                     (1) Is the shipper, consignor, or con-
                                                                      part of the contract cannot be per-                       signee of a household goods shipment;
                                                                      formed due to causes which are outside                      (2) Is identified as the shipper, con-
                                                                      the control of the parties and could not                  signor, or consignee on the face of the
                                                                      be avoided by exercise of due care.                       bill of lading;
                                                                        Government bill of lading shipper                         (3) Owns the goods being transported;
                                                                      means any person whose property is                        and
                                                                      transported under the terms and condi-                      (4) Pays his or her own tariff trans-
                                                                      tions of a government bill of lading                      portation charges
                                                                      issued by any department or agency of                       May means an option. You may do
                                                                      the Federal government to the carrier                     something, but it is not a requirement.
                                                                      responsible for the transportation of                       Must means a legal obligation. You
                                                                      the shipment.                                             must do something.
                                                                        Household goods, as used in connec-                       Order for service means a document
                                                                      tion with transportation, means the                       authorizing you to transport an indi-
                                                                      personal effects or property used, or to                  vidual shipper’s household goods.
                                                                      be used, in a dwelling, when part of the                    Reasonable dispatch means the per-
                                                                      equipment or supplies of the dwelling.                    formance of transportation on the
                                                                      Transportation of the household goods                     dates, or during the period, agreed
cprice-sewell on PROD1PC63 with CFR




                                                                      must be arranged and paid for by the                      upon by you and the individual shipper
                                                                      individual shipper or by another indi-                    and shown on the Order For Service/

                                                                                                                           94



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00104   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                                § 375.201

                                                                      Bill of Lading. For example, if you de-                     (b) The information collection re-
                                                                      liberately withhold any shipment from                     quirements are found in the following
                                                                      delivery after an individual shipper of-                  sections:   Section     375.205,  Section
                                                                      fers to pay the binding estimate or 110                   375.207, Section 375.209, Section 375.211,
                                                                      percent of a non-binding estimate, you                    Section 375.213, Section 375.215, Section
                                                                      have not transported the goods with                       375.217, Section 375.303, Section 375.401,
                                                                      reasonable dispatch. The term ‘‘rea-                      Section 375.403, Section 375.405, Section
                                                                      sonable dispatch’’ excludes transpor-                     375.409, Section 375.501, Section 375.503,
                                                                      tation provided under your tariff provi-                  Section 375.505, Section 375.507, Section
                                                                      sions requiring guaranteed service                        375.515, Section 375.519, Section 375.521,
                                                                      dates. You will have the defenses of                      Section 375.605, Section 375.607, Section
                                                                      force majeure, i.e., superior or irresist-                375.609, Section 375.803, Section 375.805,
                                                                      ible force, as construed by the courts.                   and Section 375.807.
                                                                        Should means a recommendation. We                       [69 FR 10575, Mar. 5, 2004]
                                                                      recommend you do something, but it is
                                                                      not a requirement.                                             Subpart B—Before Offering
                                                                        Surface Transportation Board means                           Services to My Customers
                                                                      an agency within the Department of
                                                                      Transportation. The Surface Transpor-                             LIABILITY CONSIDERATIONS
                                                                      tation Board regulates household goods
                                                                      carrier tariffs among other responsibil-                  § 375.201 What is my normal liability
                                                                      ities.                                                         for loss and damage when I accept
                                                                        Tariff means an issuance (in whole or                        goods from an individual shipper?
                                                                      in part) containing rates, rules, regula-                    (a) In general, you are legally liable
                                                                      tions, classifications or other provi-                    for loss or damage if it happens during
                                                                      sions related to a motor carrier’s                        performance of any transportation of
                                                                      transportation services. The Surface                      household goods and all related serv-
                                                                      Transportation Board requires a tariff                    ices identified on your lawful bill of
                                                                      contain specific items under § 1312.3(a)                  lading.
                                                                      of this title. These specific items in-                      (b) Full Value Protection Obliga-
                                                                      clude an accurate description of the                      tion—In general, your liability is for
                                                                      services offered to the public and the                    the household goods that are lost, dam-
                                                                      specific applicable rates (or the basis                   aged, destroyed, or otherwise not deliv-
                                                                      for calculating the specific applicable                   ered to the final destination in an
                                                                      rates) and service terms. A tariff must                   amount equal to the replacement value
                                                                      be arranged in a way that allows for                      of the household goods. The maximum
                                                                      the determination of the exact rate(s)                    amount is the declared value of the
                                                                      and service terms applicable to any                       shipment. The declared value is subject
                                                                      given shipment.                                           to rules issued by the Surface Trans-
                                                                        We, us, and our means the Federal                       portation Board (STB) and applicable
                                                                      Motor Carrier Safety Administration                       tariffs.
                                                                      (FMCSA).                                                     (c) If the shipper waives, in writing,
                                                                        You and your means a household                          your liability for the full value of the
                                                                      goods motor carrier engaged in the                        household goods, then you are liable
                                                                      interstate transportation of household                    for loss of, or damage to, any house-
                                                                      goods and its household goods agents.                     hold goods to the extent provided in
                                                                                                                                the STB released rates order. Contact
                                                                      [68 FR 35091, June 11, 2003, as amended at 72             the STB for a current copy of the Re-
                                                                      FR 36771, July 5, 2007]                                   leased Rates of Motor Carrier Ship-
                                                                                                                                ments of Household Goods. The rate
                                                                      § 375.105 What are the information col-                   may be increased annually by the
                                                                          lection requirements of this part?                    motor carrier based on the U.S. De-
                                                                        (a) The information collection re-                      partment of Commerce’s Cost of Living
                                                                      quirements of this part have been re-                     Adjustment.
                                                                      viewed by the Office of Management                           (d) As required by § 375.303(g), you
                                                                      and Budget pursuant to the Paperwork                      may have additional liability if you
                                                                      Reduction Act of 1995 (44 U.S.C. 3501 et                  sell liability insurance and fail to issue
cprice-sewell on PROD1PC63 with CFR




                                                                      seq.) and have been assigned OMB con-                     a copy of the insurance policy or other
                                                                      trol number 2126–0025.                                    appropriate evidence of insurance.

                                                                                                                           95



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00105   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      § 375.203                                                             49 CFR Ch. III (10–1–07 Edition)

                                                                        (e) You must, in a clear and concise                      (2) An emergency or temporary agent
                                                                      manner, disclose to the individual ship-                  provides origin or destination services
                                                                      per the limits of your liability.                         on your behalf, excluding the selling of,
                                                                      [68 FR 35091, June 11, 2003, as amended at 72             or arranging for, a transportation serv-
                                                                      FR 36771, July 5, 2007]                                   ice. You permit or require the agent to
                                                                                                                                provide such services under the terms
                                                                      § 375.203 What actions of an individual                   of an agreement or arrangement with
                                                                           shipper may limit or reduce my                       you. The agent performs such services
                                                                           normal liability?
                                                                                                                                only on an emergency or temporary
                                                                         (a) If an individual shipper includes                  basis.
                                                                      perishable, dangerous, or hazardous ar-                     (b) If you have agents, you must have
                                                                      ticles in the shipment without your                       written agreements between you and
                                                                      knowledge, you need not assume liabil-                    your prime agents. You and your re-
                                                                      ity for those articles or for the loss or                 tained prime agent must sign the
                                                                      damage caused by their inclusion in
                                                                                                                                agreements.
                                                                      the shipment. If the shipper requests
                                                                      that you accept such articles for trans-                    (c) Copies of all your prime agent
                                                                      portation, you may elect to limit your                    agreements must be in your files for a
                                                                      liability for any loss or damage by ap-                   period of at least 24 months following
                                                                      propriately published tariff provisions.                  the date of termination of each agree-
                                                                         (b) If an individual shipper agrees to                 ment.
                                                                      ship household goods released at a
                                                                      value greater than 60 cents per pound                     § 375.207 What items must be in my ad-
                                                                      ($1.32 per kilogram) per article, your li-                    vertisements?
                                                                      ability for loss and damage may be                          (a) You and your agents must publish
                                                                      limited to $100 per pound ($220 per kilo-                 and use only truthful, straightforward,
                                                                      gram) per article if the individual ship-                 and honest advertisements.
                                                                      per fails to notify you in writing of ar-                   (b) You must include, and you must
                                                                      ticles valued at more than $100 per                       require each of your agents to include,
                                                                      pound ($220 per kilogram).                                in all advertisements for all services
                                                                         (c) If an individual shipper notifies                  (including any accessorial services in-
                                                                      you in writing that an article valued at                  cidental to or part of interstate house-
                                                                      greater than $100 per pound ($220 per                     hold goods transportation), the fol-
                                                                      kilogram) will be included in the ship-                   lowing two elements:
                                                                      ment, the shipper will be entitled to
                                                                                                                                  (1) Your name or trade name, as it
                                                                      full recovery up to the declared value
                                                                      of the article or articles, not to exceed                 appears on our document assigning you
                                                                      the declared value of the entire ship-                    a U.S. DOT number, or the name or
                                                                      ment.                                                     trade name of the motor carrier under
                                                                                                                                whose operating authority the adver-
                                                                                 GENERAL RESPONSIBILITIES                       tised service will originate.
                                                                                                                                  (2) Your U.S. DOT number, assigned
                                                                      § 375.205 May I have agents?                              by us authorizing you to operate as a
                                                                         (a) You may have agents provided                       for-hire motor carrier transporting
                                                                      you comply with paragraphs (b) and (c)                    household goods.
                                                                      of this section. A household goods                          (c) Your FMCSA-assigned U.S. DOT
                                                                      agent is defined as either one of the fol-                number must be displayed only in the
                                                                      lowing two types of agents:                               following form in every advertisement:
                                                                         (1) A prime agent provides a transpor-                 U.S. DOT No. (assigned number).
                                                                      tation service for you or on your be-
                                                                      half, including the selling of, or arrang-                § 375.209 How must I handle               com-
                                                                      ing for, a transportation service. You                        plaints and inquiries?
                                                                      permit or require the agent to provide
                                                                      services under the terms of an agree-                       (a) You must establish and maintain
                                                                      ment or arrangement with you. A                           a procedure for responding to com-
                                                                      prime agent does not provide services                     plaints and inquiries from your indi-
                                                                      on an emergency or temporary basis. A                     vidual shippers.
cprice-sewell on PROD1PC63 with CFR




                                                                      prime agent does not include a house-                       (b) Your procedure must include all
                                                                      hold goods broker or freight forwarder.                   four of the following items:

                                                                                                                           96



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00106   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                                § 375.213

                                                                        (1) A communications system allow-                      fair and expeditious decisionmaking
                                                                      ing individual shippers to commu-                         process.
                                                                      nicate with your principal place of                         (5) You must not charge the indi-
                                                                      business by telephone.                                    vidual shipper more than one-half of
                                                                        (2) A telephone number.                                 the total cost for instituting the arbi-
                                                                        (3) A clear and concise statement                       tration proceeding against you. In the
                                                                      about who must pay for complaint and                      arbitrator’s decision, the arbitrator
                                                                      inquiry telephone calls.                                  may determine which party must pay
                                                                        (4) A written or electronic record sys-                 the cost or a portion of the cost of the
                                                                      tem for recording all inquiries and                       arbitration proceeding, including the
                                                                      complaints received from an individual                    cost of instituting the proceeding.
                                                                      shipper by any means of communica-                          (6) You must refrain from requiring
                                                                      tion.                                                     the individual shipper to agree to use
                                                                        (c) You must produce a clear and con-                   arbitration before a dispute arises.
                                                                      cise written description of your proce-                     (7) Arbitration must be binding for
                                                                      dure for distribution to individual ship-                 claims of $10,000 or less, if the indi-
                                                                      pers.                                                     vidual shipper requests arbitration.
                                                                                                                                  (8) Arbitration must be binding for
                                                                      § 375.211 Must I have an arbitration                      claims of more than $10,000, if the indi-
                                                                          program?                                              vidual shipper requests arbitration and
                                                                        (a) You must have an arbitration pro-                   the carrier agrees to it.
                                                                      gram for individual shippers to resolve                     (9) If all parties agree, the arbitrator
                                                                      disputes about property loss and dam-                     may provide for an oral presentation of
                                                                      age and disputes about whether carrier                    a dispute by a party or representative
                                                                      charges in addition to those collected                    of a party.
                                                                      at delivery must be paid. You must es-                      (10) The arbitrator must render a de-
                                                                      tablish and maintain an arbitration                       cision within 60 days of receipt of writ-
                                                                      program with the following 11 min-                        ten notification of the dispute, and a
                                                                      imum elements:                                            decision by an arbitrator may include
                                                                        (1) You must design your arbitration                    any remedies appropriate under the
                                                                      program to prevent you from having                        circumstances.
                                                                      any special advantage in any case                           (11) The arbitrator may extend the
                                                                      where the claimant resides or does                        60-day period for a reasonable period if
                                                                      business at a place distant from your                     you or the individual shipper fail to
                                                                      principal or other place of business.                     provide, in a timely manner, any infor-
                                                                        (2) Before execution of the order for                   mation the arbitrator reasonably re-
                                                                      service, you must provide notice to the                   quires to resolve the dispute.
                                                                      individual shipper of the availability of                   (b) You must produce and distribute
                                                                      neutral arbitration, including all three                  a concise, easy-to-read, accurate sum-
                                                                      of the following items:                                   mary of your arbitration program, in-
                                                                        (i) A summary of the arbitration pro-                   cluding the items in this section.
                                                                      cedure.                                                   [68 FR 35091, June 11, 2003, as amended at 69
                                                                        (ii) Any applicable costs.                              FR 10575, Mar. 5, 2004; 72 FR 36772, July 5,
                                                                        (iii) A disclosure of the legal effects                 2007]
                                                                      of election to use arbitration.
                                                                        (3) Upon the individual shipper’s re-                   § 375.213 What information must I pro-
                                                                      quest, you must provide information                           vide to a prospective individual
                                                                      and forms you consider necessary for                          shipper?
                                                                      initiating an action to resolve a dis-                      (a) When you provide the written es-
                                                                      pute under arbitration.                                   timate to a prospective individual ship-
                                                                        (4) You must require each person you                    per, you must also provide the indi-
                                                                      authorize to arbitrate to be inde-                        vidual shipper with a copy of Depart-
                                                                      pendent of the parties to the dispute                     ment of Transportation publication
                                                                      and capable of resolving such disputes,                   FMCSA–ESA–03–005 (or its successor
                                                                      and you must ensure the arbitrator is                     publication)   entitled    ‘‘Ready    to
                                                                      authorized and able to obtain from you                    Move?’’.
cprice-sewell on PROD1PC63 with CFR




                                                                      or the individual shipper any material                      (b) Before you execute an order for
                                                                      or relevant information to carry out a                    service for a shipment of household

                                                                                                                           97



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00107   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      § 375.215                                                             49 CFR Ch. III (10–1–07 Edition)

                                                                      goods, you must furnish to your pro-                      When You Move. Furnished by Your
                                                                      spective individual shipper all five of                   Mover, as Required by Federal Law.’’
                                                                      the following documents:                                  You may substitute your name or
                                                                        (1) The contents of appendix A of this                  trade name in place of ‘‘Your Mover’’ if
                                                                      part, entitled ‘‘Your Rights and Re-                      you wish (for example, Furnished by
                                                                      sponsibilities When You Move’’ (De-                       XYZ Van Lines, as Required by Federal
                                                                      partment of Transportation publica-                       Law).
                                                                      tion FMCSA–ESA–03–006, or its suc-                          (d) Paragraphs (c)(2) and (c)(3) of this
                                                                      cessor publication).                                      section do not apply to exact copies of
                                                                        (2) A concise, easy-to-read, accurate                   appendix A published in the FEDERAL
                                                                      estimate of your charges.                                 REGISTER or the Code of Federal Regu-
                                                                        (3) A notice of the availability of the                 lations.
                                                                      applicable sections of your tariff for
                                                                                                                                [72 FR 36772, July 5, 2007]
                                                                      the estimate of charges, including an
                                                                      explanation that individual shippers                      COLLECTING TRANSPORTATION CHARGES
                                                                      may examine these tariff sections or
                                                                      have copies sent to them upon request.                    § 375.215     How must I collect charges?
                                                                        (4) A concise, easy-to-read, accurate
                                                                      summary of your arbitration program.                        You must issue an honest, truthful
                                                                        (5) A concise, easy-to-read, accurate                   freight or expense bill in accordance
                                                                      summary of your customer complaint                        with subpart A of part 373 of this chap-
                                                                      and inquiry handling procedures. In-                      ter. All rates and charges for the trans-
                                                                      cluded in this description must be both                   portation and related services must be
                                                                      of the following two items:                               in accordance with your appropriately
                                                                        (i) The main telephone number the                       published tariff provisions in effect, in-
                                                                      individual shipper may use to commu-                      cluding the method of payment.
                                                                      nicate with you.                                          § 375.217 How must I collect charges
                                                                        (ii) A clear and concise statement                          upon delivery?
                                                                      concerning who must pay for telephone
                                                                      calls.                                                      (a) You must specify the form of pay-
                                                                        (c) To comply with paragraph (b)(1)                     ment when you prepare the estimate.
                                                                      of this section, you must ensure that                     You and your agents must honor the
                                                                      the text and general order of the docu-                   form of payment at delivery, except
                                                                      ment you produce and distribute to                        when a shipper agrees to a change in
                                                                      prospective individual shippers are                       writing.
                                                                      consistent with the text and general                        (b) You must specify the same form
                                                                      order of appendix A to this part. The                     of payment provided in paragraph (a) of
                                                                      following three items also apply:                         this section when you prepare the
                                                                        (1) If we, the Federal Motor Carrier                    order for service and the bill of lading.
                                                                      Safety Administration, choose to mod-                       (c) Charge or credit card payments:
                                                                      ify the text or general order of appen-                     (1) If you agree to accept payment by
                                                                      dix A, we will provide the public appro-                  charge or credit card, you must ar-
                                                                      priate notice in the FEDERAL REGISTER                     range with the individual shipper for
                                                                      and an opportunity for comment as re-                     the delivery only at a time when you
                                                                      quired by part 389 of this chapter be-                    can obtain authorization for the ship-
                                                                      fore making you change anything.                          per’s credit card transaction.
                                                                        (2) If you publish the document, you                      (2) Paragraph (c)(1) of this section
                                                                      may choose the dimensions of the pub-                     does not apply to you when you have
                                                                      lication as long as the type font size is                 equipped your motor vehicle(s) to proc-
                                                                      10 points or larger and the size of the                   ess card transactions.
                                                                      booklet is at least as large as 36 square                   (d) You may maintain a tariff setting
                                                                      inches (232 square centimeters).                          forth nondiscriminatory rules gov-
                                                                        (3) If you publish the document, you                    erning collect-on-delivery service and
                                                                      may choose the color and design of the                    the collection of collect-on-delivery
                                                                      front and back covers of the publica-                     funds.
                                                                      tion. The following words must appear                       (e) If an individual shipper pays you
                                                                      prominently on the front cover in 12-                     at least 110 percent of the approximate
cprice-sewell on PROD1PC63 with CFR




                                                                      point or larger bold or full-faced type:                  costs of a non-binding estimate on a
                                                                      ‘‘Your Rights and Responsibilities                        collect-on-delivery shipment, you must

                                                                                                                           98



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00108   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                                § 375.303

                                                                      relinquish possession of the shipment                     shippers with a wide range of special-
                                                                      at the time of delivery.                                  ized service and pricing features. Many
                                                                      [68 FR 35091, June 11, 2003, as amended at 69
                                                                                                                                carriers provide at least the following
                                                                      FR 10575, Mar. 5, 2004]                                   five service options:
                                                                                                                                   (1) Space reservation.
                                                                      § 375.219 May I extend credit to ship-                       (2) Expedited service.
                                                                          pers?                                                    (3) Exclusive use of a vehicle.
                                                                         You may extend credit to shippers,                        (4) Guaranteed service on or between
                                                                      but, if you do, it must be in accordance                  agreed dates.
                                                                      with § 375.807.                                              (5) Liability insurance.
                                                                                                                                   (b) If you sell liability insurance, you
                                                                      § 375.221 May I use a charge or credit                    must follow the requirements in
                                                                           card plan for payments?                              § 375.303.
                                                                         (a) You may provide in your tariff for
                                                                      the acceptance of charge or credit                        § 375.303 If I sell liability insurance
                                                                                                                                     coverage, what must I do?
                                                                      cards for the payment of freight
                                                                      charges. Accepting charge or credit                          (a) You, your employee, or an agent
                                                                      card payments is different than extend-                   may sell, offer to sell, or procure liabil-
                                                                      ing credit to shippers in §§ 375.219 and                  ity insurance coverage for loss or dam-
                                                                      375.807. Once you provide an estimate                     age to shipments of any individual
                                                                      you are bound by the provisions in                        shipper only when the individual ship-
                                                                      your tariff regarding payment as of the                   per releases the shipment for transpor-
                                                                      estimate date, until completion of any                    tation at a value not exceeding 60 cents
                                                                      transaction that results from that esti-                  per pound ($1.32 per kilogram) per arti-
                                                                      mate, unless otherwise agreed with a                      cle.
                                                                      shipper under § 375.217(a).                                  (b) You may offer, sell, or procure
                                                                         (b) You may accept charge or credit                    any type of insurance policy on behalf
                                                                      cards whenever shipments are trans-                       of the individual shipper covering loss
                                                                      ported under agreements and tariffs re-                   or damage in excess of the specified
                                                                      quiring payment by cash, certified                        carrier liability.
                                                                      check, money order, or a cashier’s                           (c) If you sell, offer to sell, or procure
                                                                      check.                                                    liability insurance coverage for loss or
                                                                         (c) If you allow an individual shipper                 damage to shipments:
                                                                      to pay for a freight or expense bill by                      (1) You must issue to the individual
                                                                      charge or credit card, you are deeming                    shipper a policy or other appropriate
                                                                      such payment to be the same as pay-                       evidence of the insurance that the indi-
                                                                      ment by cash, certified check, money                      vidual shipper purchased.
                                                                      order, or a cashier’s check.                                 (2) You must provide a copy of the
                                                                         (d) The charge or credit card plans                    policy or other appropriate evidence to
                                                                      you participate in must be identified in                  the individual shipper at the time you
                                                                      your tariff rules as items permitting                     sell or procure the insurance.
                                                                      the acceptance of the charge or credit                       (3) You must issue policies written in
                                                                      cards.                                                    plain English.
                                                                         (e) If an individual shipper causes a                     (4) You must clearly specify the na-
                                                                      charge or credit card issuer to reverse                   ture and extent of coverage under the
                                                                      a charge transaction, you may consider                    policy.
                                                                      the individual shipper’s action tanta-                       (5) Your failure to issue a policy, or
                                                                      mount to forcing you to provide an in-                    other appropriate evidence of insur-
                                                                      voluntary extension of your credit. In                    ance purchased, to an individual ship-
                                                                      such instances, the rules in § 375.807                    per will subject you to full liability for
                                                                      apply.                                                    any claims to recover loss or damage
                                                                                                                                attributed to you.
                                                                           Subpart C—Service Options                               (6) You must provide in your tariff
                                                                                    Provided                                    for the provision of selling, offering to
                                                                                                                                sell, or procuring liability insurance
                                                                      § 375.301 What service options may I                      coverage. The tariff must also provide
                                                                           provide?                                             for the base transportation charge, in-
cprice-sewell on PROD1PC63 with CFR




                                                                         (a) You may design your household                      cluding your assumption of full liabil-
                                                                      goods service to provide individual                       ity for the value of the shipment. This

                                                                                                                           99



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00109   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      § 375.401                                                             49 CFR Ch. III (10–1–07 Edition)

                                                                      would be in the event you fail to issue                      (2) A non-binding estimate is what you
                                                                      a policy or other appropriate evidence                    believe the total cost will be for the
                                                                      of insurance to the individual shipper                    move, based upon both the estimated
                                                                      at the time of purchase.                                  weight or volume of the shipment and
                                                                                                                                the accessorial services requested and
                                                                      [69 FR 10575, Mar. 5, 2004]
                                                                                                                                the physical survey of the household
                                                                                                                                goods, if required. A non-binding esti-
                                                                        Subpart D—Estimating Charges                            mate is not binding on you. You will
                                                                                                                                base the final charges upon the actual
                                                                      § 375.401     Must I estimate charges?
                                                                                                                                weight of the individual shipper’s ship-
                                                                        (a) You must conduct a physical sur-                    ment and the tariff provisions in effect.
                                                                      vey of the household goods to be trans-                   You may not impose a charge for pro-
                                                                      ported and provide the prospective in-                    viding a non-binding estimate.
                                                                      dividual shipper with a written esti-                        (c) You must specify the form of pay-
                                                                      mate, based on the physical survey, of                    ment you and your agent will honor at
                                                                      the charges for the transportation and                    delivery. Payment forms may include,
                                                                      all related services. There are two ex-                   but are not limited to, cash, a certified
                                                                      ceptions to the requirement to conduct                    check, a money order, a cashier s
                                                                      a physical survey:                                        check, a specific charge card such as
                                                                        (1) If the household goods are located                  American ExpressTM, a specific credit
                                                                      beyond a 50-mile radius of the location                   card such as VisaTM, or your credit as
                                                                      of the household goods motor carrier’s                    allowed by § 375.807.
                                                                      agent preparing the estimate, the re-                        (d) For non-binding estimates, you
                                                                      quirement to base the estimate on a                       must provide your reasonably accurate
                                                                      physical survey does not apply.                           estimate of the approximate costs the
                                                                        (2) An individual shipper may elect to                  individual shipper should expect to pay
                                                                      waive the physical survey. The waiver                     for the transportation and services of
                                                                      agreement is subject to the following                     such shipments. If you provide an inac-
                                                                      requirements:                                             curately low estimate, you may be lim-
                                                                        (i) It must be in writing;                              iting the amount you will collect at
                                                                        (ii) It must be signed by the shipper                   the time of delivery as provided in
                                                                      before the shipment is loaded; and                        § 375.407.
                                                                        (iii) The household goods motor car-                       (e) If you provide a shipper with an
                                                                      rier must retain a copy of the waiver                     estimate based on volume that will
                                                                      agreement as an addendum to the bill                      later be converted to a weight-based
                                                                      of lading with the understanding that                     rate, you must provide the shipper an
                                                                      the waiver agreement will be subject to                   explanation in writing of the formula
                                                                      the same record retention require-                        used to calculate the conversion to
                                                                      ments that apply to bills of lading, as                   weight. You must specify the final
                                                                      provided in § 375.505(d).                                 charges will be based on actual weight
                                                                        (b) Before you execute an order for                     and services subject to the 110 percent
                                                                      service for a shipment of household                       rule at delivery.
                                                                      goods for an individual shipper, you                         (f) You must determine charges for
                                                                      must provide a written estimate of the                    any accessorial services such as ele-
                                                                      total charges and indicate whether it is a                vators, long carries, etc., before pre-
                                                                      binding or a non-binding estimate, as fol-                paring the order for service and the bill
                                                                      lows:                                                     of lading for binding or non-binding es-
                                                                        (1) A binding estimate is an agreement                  timates. If you fail to ask the shipper
                                                                      made in advance with your individual                      about such charges and fail to deter-
                                                                      shipper. It guarantees the total cost of                  mine such charges before preparing the
                                                                      the move based upon the quantities                        order for service and the bill of lading,
                                                                      and services shown on your estimate,                      you must deliver the goods and bill the
                                                                      which shall be based on the physical                      shipper after 30 days for the additional
                                                                      survey of the household goods, if re-                     charges.
                                                                      quired. You may impose a charge for                          (g) You and the individual shipper
                                                                      providing a written binding estimate.                     must sign the estimate of charges. You
                                                                      The binding estimate must indicate                        must provide a dated copy of the esti-
cprice-sewell on PROD1PC63 with CFR




                                                                      that you and the shipper are bound by                     mate of charges to the individual ship-
                                                                      the charges.                                              per at the time you sign the estimate.

                                                                                                                           100



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00110   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                                § 375.403

                                                                        (h) Before loading a household goods                       (iii) Agree with the individual ship-
                                                                      shipment, and upon mutual agreement                       per, in writing, that both of you will
                                                                      of both you and the individual shipper,                   consider the original binding estimate
                                                                      you may amend an estimate of charges.                     as a non-binding estimate subject to
                                                                      You may not amend the estimate after                      § 375.405.
                                                                      loading the shipment.                                        (7) Once you load a shipment, failure
                                                                      [68 FR 35091, June 11, 2003, as amended at 72             to execute a new binding estimate or a
                                                                      FR 36772, July 5, 2007]                                   non-binding estimate signifies you
                                                                                                                                have reaffirmed the original binding
                                                                      § 375.403 How must I provide a bind-                      estimate. You may not collect more
                                                                            ing estimate?                                       than the amount of the original bind-
                                                                         (a) You may provide a guaranteed                       ing estimate, except as provided in
                                                                      binding estimate of the total shipment                    paragraphs (a)(8) and (9) of this section.
                                                                      charges to the individual shipper, so                        (8) If you believe additional services
                                                                      long as it is provided for in your tariff.                are necessary to properly service a
                                                                      The individual shipper must pay the                       shipment after the bill of lading has
                                                                      amount for the services included in                       been issued, you must inform the indi-
                                                                      your estimate. You must comply with                       vidual shipper what the additional
                                                                      the following 11 requirements:                            services are before performing those
                                                                         (1) You must base the binding esti-                    services. You must allow the shipper at
                                                                      mate on the physical survey unless one                    least one hour to determine whether he
                                                                      of      the    exceptions    provided   in                or she wants the additional services
                                                                      § 375.401(a)(1) and (2) applies.                          performed. If the individual shipper
                                                                         (2) You must provide the binding es-                   agrees to pay for the additional serv-
                                                                      timate in writing to the individual                       ices, you must execute a written at-
                                                                      shipper or other person responsible for                   tachment to be made an integral part
                                                                      payment of the freight charges.
                                                                                                                                of the bill of lading contract and have
                                                                         (3) You must retain a copy of each
                                                                                                                                the individual shipper sign the written
                                                                      binding estimate as an attachment to
                                                                                                                                attachment. This may be done through
                                                                      be made an integral part of the bill of
                                                                                                                                fax transmissions; e-mail; overnight
                                                                      lading contract.
                                                                                                                                courier; or certified mail, return re-
                                                                         (4) You must clearly indicate upon
                                                                                                                                ceipt requested. You must bill the indi-
                                                                      each binding estimate’s face that the
                                                                                                                                vidual shipper for the additional serv-
                                                                      estimate is binding upon you and the
                                                                      individual shipper. Each binding esti-                    ices after 30 days from delivery. If the
                                                                      mate must also clearly indicate on its                    individual shipper does not agree to
                                                                      face that the charges shown apply only                    pay the additional services, the carrier
                                                                      to those services specifically identified                 should perform only those additional
                                                                      in the estimate.                                          services as are required to complete
                                                                         (5) You must clearly describe bind-                    the delivery, and bill the individual
                                                                      ing-estimate shipments and all services                   shipper for the additional services after
                                                                      you are providing.                                        30 days from delivery, except that you
                                                                         (6) If it appears an individual shipper                may collect at delivery charges for im-
                                                                      has tendered additional household                         practicable operations that do not ex-
                                                                      goods or requires additional services                     ceed 15 percent of all other charges due
                                                                      not identified in the binding estimate,                   at delivery.
                                                                      you are not required to honor the esti-                      (9) If the individual shipper requests
                                                                      mate. If an agreement cannot be                           additional services after the bill of lad-
                                                                      reached as to the price or service re-                    ing has been issued, you must inform
                                                                      quirements for the additional goods or                    the individual shipper of the additional
                                                                      services, you are not required to serv-                   charges involved. You may require full
                                                                      ice the shipment. However, if you do                      payment at destination for these addi-
                                                                      service the shipment, before loading                      tional services and for 100 percent of
                                                                      the shipment you must do one of the                       the original binding estimate. If appli-
                                                                      following three things:                                   cable, you also may require payment at
                                                                         (i) Reaffirm your binding estimate.                    delivery of charges for impracticable
                                                                         (ii) Negotiate a revised written bind-                 operations (as defined in your carrier
cprice-sewell on PROD1PC63 with CFR




                                                                      ing estimate listing the additional                       tariff) not to exceed 15 percent of all
                                                                      household goods or services.                              other charges due at delivery. You

                                                                                                                           101



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00111   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      § 375.405                                                             49 CFR Ch. III (10–1–07 Edition)

                                                                      must bill and collect from the indi-                        (b) If you provide a non-binding esti-
                                                                      vidual shipper any applicable charges                     mate to an individual shipper, you
                                                                      not collected at delivery in accordance                   must provide your reasonably accurate
                                                                      with subpart H of this part.                              estimate of the approximate costs the
                                                                        (10) Failure to relinquish possession                   individual shipper should expect to pay
                                                                      of a shipment upon the individual ship-                   for the transportation and services of
                                                                      per’s offer to pay the binding estimate                   the shipment. You must comply with
                                                                      amount (or, in the case of a partial de-                  the following ten requirements:
                                                                      livery, a prorated percentage of the                        (1) You must provide reasonably ac-
                                                                      binding estimate as set forth in para-                    curate non-binding estimates based
                                                                      graph (a)(11) of this section) plus                       upon both the estimated weight or vol-
                                                                      charges for any additional services re-                   ume of the shipment and services re-
                                                                      quested by the shipper after the bill of                  quired and the physical survey of the
                                                                      lading has been issued and charges, if                    household goods, if required. If you
                                                                      applicable, for impracticable oper-                       provide a shipper with an estimate
                                                                      ations (subject to a maximum amount                       based on volume that will later be con-
                                                                      as set forth in paragraph 9 of this sec-                  verted to a weight-based rate, you
                                                                      tion), constitutes a failure to transport                 must provide the shipper an expla-
                                                                      a shipment with ‘‘reasonable dispatch’’                   nation in writing of the formula used
                                                                      and subjects you to cargo delay claims                    to calculate the conversion to weight.
                                                                      pursuant to part 370 of this chapter.
                                                                                                                                  (2) You must explain to the indi-
                                                                        (11) If you make only a partial deliv-
                                                                                                                                vidual shipper that final charges cal-
                                                                      ery of the shipment, you may not de-
                                                                                                                                culated for shipments moved on non-
                                                                      mand upon delivery full payment of the
                                                                                                                                binding estimates will be those appear-
                                                                      binding estimate. You may demand
                                                                                                                                ing in your tariffs applicable to the
                                                                      only a prorated percentage of the bind-
                                                                                                                                transportation. You must explain that
                                                                      ing estimate. The prorated percentage
                                                                                                                                these final charges may exceed the ap-
                                                                      must be the percentage of the weight of
                                                                      that portion of the shipment delivered                    proximate costs appearing in your esti-
                                                                      relative to the total weight of the ship-                 mate.
                                                                      ment. For example, if you deliver only                      (3) You must furnish non-binding es-
                                                                      2,500 pounds of a shipment weighing                       timates without charge and in writing
                                                                      5,000 pounds, you may demand payment                      to the individual shipper or other per-
                                                                      at destination for only 50 percent of                     son responsible for payment of the
                                                                      the binding estimate.                                     freight charges.
                                                                        (b) In accordance with § 375.401(a),                      (4) You must retain a copy of each
                                                                      you may impose a charge for providing                     non-binding estimate as an attachment
                                                                      a written binding estimate. If you do                     to be made an integral part of the bill
                                                                      not provide a binding estimate to an                      of lading contract.
                                                                      individual shipper, you must provide a                      (5) You must clearly indicate on the
                                                                      non-binding estimate in accordance                        face of a non-binding estimate that the
                                                                      with § 375.405.                                           estimate is not binding upon you and
                                                                        (c) You must retain a copy of the                       the charges shown are the approximate
                                                                      binding estimate for each move you                        charges to be assessed for the service
                                                                      perform for at least one year from the                    identified in the estimate. The esti-
                                                                      date you made the estimate and keep it                    mate must clearly state that the ship-
                                                                      as an attachment to be made an inte-                      per will not be required to pay more
                                                                      gral part of the bill of lading contract.                 than 110 percent of the non-binding es-
                                                                      [68 FR 35091, June 11, 2003, as amended at 69
                                                                                                                                timate at the time of delivery.
                                                                      FR 10575, Mar. 5, 2004; 69 FR 17317, May 5,                 (6) You must clearly describe on the
                                                                      2004; 72 FR 36773, July 5, 2007]                          face of a non-binding estimate the en-
                                                                                                                                tire shipment and all services you are
                                                                      § 375.405 How must I provide a non-                       providing.
                                                                           binding estimate?                                      (7) If it appears an individual shipper
                                                                         (a) If you do not provide a binding es-                has tendered additional household
                                                                      timate to an individual shipper in ac-                    goods or requires additional services
                                                                      cordance with § 375.403, you must pro-                    not identified in the non-binding esti-
cprice-sewell on PROD1PC63 with CFR




                                                                      vide a non-binding written estimate to                    mate, you are not required to honor
                                                                      the individual shipper.                                   the estimate. If an agreement cannot

                                                                                                                           102



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00112   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                                § 375.407

                                                                      be reached as to the price or service re-                 tional services and (unless you make
                                                                      quirements for the additional goods or                    only a partial delivery, in which case
                                                                      services, you are not required to serv-                   you must collect a prorated percentage
                                                                      ice the shipment. However, if you do                      of the original non-binding estimate as
                                                                      service the shipment, before loading                      set forth in § 375.407(c) of this part) for
                                                                      the shipment, you must do one of the                      up to 110 percent of the original non-
                                                                      following two things:                                     binding estimate. If applicable, you
                                                                        (i) Reaffirm your non-binding esti-                     also may require payment at delivery
                                                                      mate.                                                     of charges for impracticable operations
                                                                        (ii) Negotiate a revised written non-                   (as defined in your carrier tariff) not to
                                                                      binding estimate listing the additional                   exceed 15 percent of all other charges
                                                                      household goods or services.                              due at delivery. You must bill and col-
                                                                        (8) Once you load a shipment, failure                   lect from the individual shipper any
                                                                      to execute a new non-binding estimate                     applicable charges not collected at de-
                                                                      signifies you have reaffirmed the origi-                  livery in accordance with subpart H of
                                                                      nal non-binding estimate. You may not                     this part.
                                                                      collect more than 110 percent of the                        (c) If you furnish a non-binding esti-
                                                                      amount of the original non-binding es-                    mate, you must enter the estimated
                                                                      timate at destination, except as pro-                     charges upon the order for service and
                                                                      vided in paragraphs (b)(9) and (10) of                    upon the bill of lading.
                                                                      this section.                                               (d) You must retain a copy of the
                                                                        (9) If you believe additional services                  non-binding estimate for each move
                                                                      are necessary to properly service a                       you perform for at least one year from
                                                                      shipment after the bill of lading has                     the date you made the estimate and
                                                                      been issued, you must inform the indi-                    keep it as an attachment to be made an
                                                                      vidual shipper what the additional                        integral part of the bill of lading con-
                                                                      services are before performing those                      tract.
                                                                      services. You must allow the shipper at
                                                                                                                                [68 FR 35091, June 11, 2003, as amended at 69
                                                                      least one hour to determine whether he                    FR 10576, Mar. 5, 2004; 72 FR 36773, July 5,
                                                                      or she wants the additional services                      2007]
                                                                      performed. If the individual shipper
                                                                      agrees to pay for the additional serv-                    § 375.407 Under what circumstances
                                                                      ices, you must execute a written at-                          must I relinquish possession of a
                                                                      tachment to be made an integral part                          collect-on-delivery shipment trans-
                                                                      of the bill of lading contract and have                       ported under a non-binding esti-
                                                                      the individual shipper sign the written                       mate?
                                                                      attachment. This may be done through                        (a) If an individual shipper pays you
                                                                      fax transmissions; e-mail; overnight                      up to 110 percent of the non-binding es-
                                                                      courier; or certified mail, return re-                    timate on a collect-on-delivery ship-
                                                                      ceipt requested. You must bill the indi-                  ment (or, in the case of a partial deliv-
                                                                      vidual shipper for the additional serv-                   ery, a prorated percentage of the non-
                                                                      ices after 30 days from delivery. If the                  binding estimate as set forth in para-
                                                                      individual shipper does not agree to                      graph (c) of this section), you must re-
                                                                      pay the additional services, the carrier                  linquish possession of the shipment at
                                                                      should perform only those additional                      the time of delivery. If there are either
                                                                      services as are required to complete                      charges for any additional services re-
                                                                      the delivery, and bill the individual                     quested by the shipper after the bill of
                                                                      shipper for the additional services after                 lading has been issued and/or charges,
                                                                      30 days from delivery, except that you                    if applicable, for impracticable oper-
                                                                      may collect at delivery charges for im-                   ations (subject to a maximum amount
                                                                      practicable operations that do not ex-                    as set forth in paragraph (d) of this sec-
                                                                      ceed 15 percent of all other charges due                  tion), and the shipper also pays you for
                                                                      at delivery.                                              such charges, you must relinquish pos-
                                                                        (10) If the individual shipper requests                 session of the shipment at the time of
                                                                      additional services after the bill of lad-                delivery. You must accept the form of
                                                                      ing has been issued, you must inform                      payment agreed to at the time of esti-
                                                                      the individual shipper of the additional                  mate, unless the shipper agrees in writ-
cprice-sewell on PROD1PC63 with CFR




                                                                      charges involved. You may require full                    ing to a change in the form of pay-
                                                                      payment at destination for these addi-                    ment.

                                                                                                                           103



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00113   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      § 375.409                                                             49 CFR Ch. III (10–1–07 Edition)

                                                                        (b) Failure to relinquish possession of                  Subpart E—Pick Up of Shipments
                                                                      a shipment after the individual shipper                         of Household Goods
                                                                      offers to pay you up to 110 percent of
                                                                      the approximate costs of a non-binding                                   BEFORE LOADING
                                                                      estimate plus any additional charges
                                                                      described in paragraph (a) of this sec-                   § 375.501 Must I write up an order for
                                                                                                                                      service?
                                                                      tion constitutes a failure to transport
                                                                      a shipment with ‘‘reasonable dispatch’’                      (a) Before you receive a shipment of
                                                                      and subjects you to cargo delay claims                    household goods you will move for an
                                                                      pursuant to part 370 of this chapter.                     individual shipper, you must prepare
                                                                        (c) If you make only a partial deliv-                   an order for service. The order for serv-
                                                                                                                                ice must contain the information de-
                                                                      ery of the shipment, you may not de-
                                                                                                                                scribed in the following 15 items:
                                                                      mand full payment of the non-binding
                                                                                                                                   (1) Your name and address and the
                                                                      estimate. You may demand at delivery                      FMCSA U.S. DOT number assigned to
                                                                      only a prorated percentage of the non-                    the mover who is responsible for per-
                                                                      binding estimate (or a prorated per-                      forming the service.
                                                                      centage of an amount up to 110 percent                       (2) The individual shipper’s name, ad-
                                                                      of the non-binding estimate). The pro-                    dress, and, if available, telephone num-
                                                                      rated percentage must be the percent-                     ber(s).
                                                                      age of the weight of that portion of the                     (3) The name, address, and telephone
                                                                      shipment delivered relative to the                        number of the delivering mover’s office
                                                                      total weight of the shipment. For ex-                     or agent located at or nearest to the
                                                                      ample, if you deliver only 2,500 pounds                   destination of the shipment.
                                                                      of a shipment weighing 5,000 pounds,                         (4) A telephone number where the in-
                                                                      you may demand payment of 50 percent                      dividual shipper/consignee may contact
                                                                      of not more than 110 percent of the                       you or your designated agent.
                                                                      non-binding estimate.                                        (5) One of the following three entries
                                                                        (d) You may not demand payment of                       must be on the order for service:
                                                                      charges for impracticable operations,                        (i) The agreed pickup date and agreed
                                                                      as defined in your tariff, of more than                   delivery date of the move.
                                                                      15 percent of all other charges due at                       (ii) The agreed period(s) of the entire
                                                                                                                                move.
                                                                      delivery. You must bill and collect
                                                                                                                                   (iii) If you are transporting the ship-
                                                                      from the individual shipper charges for
                                                                                                                                ment on a guaranteed service basis, the
                                                                      impracticable operations not collected                    guaranteed dates or periods for pickup,
                                                                      at delivery in accordance with subpart                    transportation, and delivery. You must
                                                                      H of this part.                                           enter any penalty or per diem require-
                                                                      [72 FR 36774, July 5, 2007]                               ments upon the agreement under this
                                                                                                                                item.
                                                                      § 375.409 May household goods brokers                        (6) The names and addresses of any
                                                                          provide estimates?                                    other motor carriers, when known, who
                                                                        A household goods broker must not                       will participate in interline transpor-
                                                                      provide an individual shipper with an                     tation of the shipment.
                                                                                                                                   (7) The form of payment you and
                                                                      estimate of charges for the transpor-
                                                                                                                                your agents will honor at delivery. The
                                                                      tation of household goods unless there
                                                                                                                                payment information must be the same
                                                                      is a written agreement between the                        that was entered on the estimate.
                                                                      broker and you, the carrier, adopting                        (8) The terms and conditions for pay-
                                                                      the broker’s estimate as your own esti-                   ment of the total charges, including
                                                                      mate. If you make such an agreement                       notice of any minimum charges.
                                                                      with a broker, you must ensure compli-                       (9) The maximum amount you will
                                                                      ance with all requirements of this part                   demand at the time of delivery to ob-
                                                                      pertaining to estimates, including the                    tain possession of the shipment, when
                                                                      requirement that you must relinquish                      you transport on a collect-on-delivery
                                                                      possession of the shipment if the ship-                   basis.
                                                                      per pays you 110 percent of a non-bind-                      (10) A statement of the declared
cprice-sewell on PROD1PC63 with CFR




                                                                      ing estimate at the time of delivery.                     value of the shipment, which is the
                                                                                                                                maximum amount of your liability to

                                                                                                                           104



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00114   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                                § 375.501

                                                                      the individual shipper under your Full                    certified mail, return receipt re-
                                                                      Value Protection for the replacement                      quested.
                                                                      value of any household goods that are                       (b) You, your agent, or your driver
                                                                      lost, damaged, destroyed, or otherwise                    must inform the individual shipper if
                                                                      not delivered to the final destination.                   you reasonably expect a special or ac-
                                                                      If the individual shipper waives, in                      cessorial service is necessary to safely
                                                                      writing, your Full Value Protection li-                   transport a shipment. You must refuse
                                                                      ability, you must include a copy of the                   to accept the shipment when you rea-
                                                                      waiver; the Surface Transportation                        sonably expect a special or accessorial
                                                                      Board’s required released rates valu-                     service is necessary to safely transport
                                                                      ation statement; and the charges, if                      a shipment and the individual shipper
                                                                      any, for optional valuation coverage                      refuses to purchase the special or ac-
                                                                      (other than Full Value Protection).                       cessorial service. You must make a
                                                                      The released rates may be increased                       written note if the shipper refuses any
                                                                      annually by the motor carrier based on                    special or accessorial services that you
                                                                      the U.S. Department of Commerce’s                         reasonably expect to be necessary.
                                                                      Cost of Living Adjustment.
                                                                                                                                  (c) You and the individual shipper
                                                                        (11) A complete description of any                      must sign the order for service. You
                                                                      special or accessorial services ordered                   must provide a dated copy of the order
                                                                      and minimum weight or volume
                                                                                                                                for service to the individual shipper at
                                                                      charges applicable to the shipment,
                                                                                                                                the time you sign the order.
                                                                      subject to the following two condi-
                                                                                                                                  (d)(1) You may provide the individual
                                                                      tions:
                                                                                                                                shipper with blank or incomplete esti-
                                                                        (i) If you provide service for indi-
                                                                                                                                mates, orders for service, bills of lad-
                                                                      vidual shippers on rates based upon the
                                                                                                                                ing, or any other blank or incomplete
                                                                      transportation of a minimum weight or
                                                                                                                                documents pertaining to the move.
                                                                      volume, you must indicate on the order
                                                                      for service the minimum weight- or                          (2) You may require the individual
                                                                      volume-based rates, and the minimum                       shipper to sign an incomplete docu-
                                                                      charges applicable to the shipment.                       ment at origin provided it contains all
                                                                        (ii) If you do not indicate the min-                    relevant shipping information except
                                                                      imum rates and charges, your tariff                       the actual shipment weight and any
                                                                      must provide you will compute the                         other information necessary to deter-
                                                                      final charges relating to such a ship-                    mine the final charges for all services
                                                                      ment based upon the actual weight or                      performed.
                                                                      volume of the shipment.                                     (e) You must provide the individual
                                                                        (12) Any identification or registra-                    shipper the opportunity to rescind the
                                                                      tion number you assign to the ship-                       order for service without any penalty
                                                                      ment.                                                     for a three-day period after the shipper
                                                                        (13) For non-binding estimates, your                    signs the order for service, if the ship-
                                                                      reasonably accurate estimate of the                       per scheduled the shipment to be load-
                                                                      amount of the charges, the method of                      ed more than three days after signing
                                                                      payment of total charges, and the max-                    the order.
                                                                      imum amount (no more than 110 per-                          (f) Before loading the shipment, and
                                                                      cent of the non-binding estimate) you                     upon mutual agreement of both you
                                                                      will demand at the time of delivery to                    and the individual shipper, you may
                                                                      relinquish possession of the shipment.                    amend an order for service.
                                                                        (14) For binding estimates, the amount                    (g) You must retain a copy of the
                                                                      of charges you will demand based upon                     order for service for each move you
                                                                      the binding estimate and the terms of                     perform for at least one year from the
                                                                      payment under this estimate.                              date you made the order for service and
                                                                        (15) Whether the individual shipper                     keep it as an attachment to be made an
                                                                      requests notification of the charges be-                  integral part of the bill of lading con-
                                                                      fore delivery. The individual shipper                     tract.
                                                                      must provide you with the fax num-                          (h) You have the option of placing
                                                                      ber(s) or address(es) where you will                      the valuation statement on either the
cprice-sewell on PROD1PC63 with CFR




                                                                      transmit the notifications by fax trans-                  order for service or the bill of lading,
                                                                      mission; e-mail; overnight courier; or                    provided the order for service or bill of

                                                                                                                           105



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00115   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      § 375.503                                                             49 CFR Ch. III (10–1–07 Edition)

                                                                      lading states the appropriate valuation                   § 375.505 Must I write up a bill of lad-
                                                                      selected by the shipper.                                       ing?
                                                                      [68 FR 35091, June 11, 2003, as amended at 69                (a) You must issue a bill of lading.
                                                                      FR 10576, Mar. 5, 2004; 72 FR 36774, July 5,              The bill of lading must contain the
                                                                      2007]                                                     terms and conditions of the contract. A
                                                                                                                                bill of lading may be combined with an
                                                                      § 375.503 Must I write up an inven-                       order for service to include all the
                                                                          tory?                                                 items required by § 375.501 of this sub-
                                                                        (a) You must prepare a written,                         part. You must furnish a partially
                                                                                                                                complete copy of the bill of lading to
                                                                      itemized inventory for each shipment
                                                                                                                                the individual shipper before the vehi-
                                                                      of household goods you transport for
                                                                                                                                cle leaves the residence at origin. The
                                                                      an individual shipper. The inventory                      partially complete bill of lading must
                                                                      must identify every carton and every                      contain all relevant shipment informa-
                                                                      uncartoned item that is included in the                   tion, except the actual shipment
                                                                      shipment. When you prepare the inven-                     weight and any other information nec-
                                                                      tory, an identification number that                       essary to determine the final charges
                                                                      corresponds to the inventory must be                      for all services performed.
                                                                      placed on each article that is included                      (b) On a bill of lading, you must in-
                                                                      in the shipment.                                          clude the following 14 items:
                                                                        (b) You must prepare the inventory                         (1) Your name and address, or the
                                                                      before or at the time of loading in the                   name and address of the motor carrier
                                                                      vehicle for transportation in a manner                    issuing the bill of lading.
                                                                      that provides the individual shipper                         (2) The names and addresses of any
                                                                      with the opportunity to observe and                       other motor carriers, when known, who
                                                                      verify the accuracy of the inventory if                   will participate in transportation of
                                                                      he or she so requests.                                    the shipment.
                                                                                                                                   (3) The name, address, and telephone
                                                                        (c) You must furnish a complete copy
                                                                                                                                number of your office (or the office of
                                                                      of the inventory to the individual ship-
                                                                                                                                your agent) where the individual ship-
                                                                      per before or at the time of loading the                  per can contact you in relation to the
                                                                      shipment. A copy of the inventory,                        transportation of the shipment.
                                                                      signed by both you and the individual                        (4) The form of payment you and
                                                                      shipper, must be provided to the ship-                    your agents will honor at delivery. The
                                                                      per, together with a copy of the bill of                  payment information must be the same
                                                                      lading, before or at the time you load                    that was entered on the estimate and
                                                                      the shipment.                                             order for service.
                                                                        (d) Upon delivery, you must provide                        (5) When you transport on a collect-
                                                                      the individual shipper with the oppor-                    on-delivery basis, the name, address,
                                                                      tunity to observe and verify that the                     and if furnished, the telephone number,
                                                                      same articles are being delivered and                     facsimile number, or e-mail address of
                                                                      the condition of those articles. You                      a person to notify about the charges.
                                                                      must also provide the individual ship-                    The notification may also be made by
                                                                      per the opportunity to note in writing                    overnight courier or certified mail, re-
                                                                      any missing articles and the condition                    turn receipt requested.
                                                                      of any damaged or destroyed articles.                        (6) For non-guaranteed service, the
                                                                      In addition, you must also provide the                    agreed date or period of time for pick-
                                                                      shipper with a copy of all such nota-                     up of the shipment and the agreed date
                                                                                                                                or period of time for the delivery of the
                                                                      tions.
                                                                                                                                shipment. The agreed dates or periods
                                                                        (e) You must retain inventories for
                                                                                                                                for pickup and delivery entered upon
                                                                      each move you perform for at least one                    the bill of lading must conform to the
                                                                      year from the date you made the inven-                    agreed dates or periods of time for
                                                                      tory and keep it as an attachment to                      pickup and delivery entered upon the
                                                                      be made an integral part of the bill of                   order for service or a proper amend-
                                                                      lading contract.                                          ment to the order for service.
                                                                                                                                   (7) For guaranteed service, subject to
cprice-sewell on PROD1PC63 with CFR




                                                                      [68 FR 35091, June 11, 2003, as amended at 69
                                                                      FR 10576, Mar. 5, 2004]                                   tariff provisions, the dates for pickup
                                                                                                                                and delivery, and any penalty or per

                                                                                                                           106



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00116   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                                § 375.509

                                                                      diem entitlements due the individual                        (d) You must retain bills of lading for
                                                                      shipper under the agreement.                              each move you perform for at least one
                                                                        (8) The actual date of pickup.                          year from the date you created the bill
                                                                        (9) The company or carrier identifica-                  of lading.
                                                                      tion number of the vehicle(s) upon                          (e) You have the option of placing the
                                                                      which you load the individual shipper’s                   valuation statement on either the
                                                                      shipment.                                                 order for service or the bill of lading,
                                                                        (10) The terms and conditions for                       provided the order for service or bill of
                                                                      payment of the total charges, including                   lading states the appropriate valuation
                                                                      notice of any minimum charges.                            selected by the shipper.
                                                                        (11) The maximum amount you will                        [68 FR 35091, June 11, 2003, as amended at 69
                                                                      demand at the time of delivery to ob-                     FR 10576, Mar. 5, 2004; 72 FR 36774, July 5,
                                                                      tain possession of the shipment, when                     2007]
                                                                      you transport under a collect-on-deliv-
                                                                      ery basis.                                                            WEIGHING THE SHIPMENT
                                                                        (12) A statement of the declared
                                                                      value of the shipment, which is the                       § 375.507 Must I determine the weight
                                                                      maximum amount of your liability to                            of a shipment?
                                                                      the individual shipper under your Full                       (a) When you transport household
                                                                      Value Protection for the replacement                      goods on a non-binding estimate de-
                                                                      value of any household goods that are                     pendent upon the shipment weight, you
                                                                      lost, damaged, destroyed, or otherwise                    must determine the weight of each
                                                                      not delivered to the final destination.                   shipment transported before the assess-
                                                                      If the individual shipper waives, in                      ment of any charges.
                                                                      writing, your Full Value Protection li-                      (b) You must weigh the shipment
                                                                      ability for the declared value of the                     upon a certified scale.
                                                                      household goods, you must include a                          (c) You must provide a written expla-
                                                                      copy of the waiver; the Surface Trans-                    nation of volume to weight conver-
                                                                      portation Board’s required released                       sions, when you provide an estimate by
                                                                      rates valuation statement; and the                        volume and convert the volume to
                                                                      charges, if any, for optional valuation                   weight.
                                                                      coverage (other than Full Value Pro-
                                                                      tection). The released rates may be in-                   § 375.509 How must I determine the
                                                                      creased annually by the motor carrier                          weight of a shipment?
                                                                      based on the U.S. Department of Com-                         (a) You must weigh the shipment by
                                                                      merce’s Cost of Living Adjustment.                        using one of the following two meth-
                                                                        (13) Evidence of any insurance cov-                     ods:
                                                                      erage sold to or procured for the indi-                      (1) First method—origin weigh. You de-
                                                                      vidual shipper from an independent in-                    termine the difference between the
                                                                      surer, including the amount of the pre-                   tare weight of the vehicle before load-
                                                                      mium for such insurance.                                  ing at the origin of the shipment and
                                                                        (14) Each attachment to the bill of                     the gross weight of the same vehicle
                                                                      lading. Each attachment is an integral                    after loading the shipment.
                                                                      part of the bill of lading contract. If                      (2) Second method—back weigh. You
                                                                      not provided elsewhere to the shipper,                    determine the difference between the
                                                                      the following three items must be                         gross weight of the vehicle with the
                                                                      added as an attachment to the bill of                     shipment loaded and the tare weight of
                                                                      lading.                                                   the same vehicle after you unload the
                                                                        (i) The binding or non-binding esti-                    shipment.
                                                                      mate.                                                        (b) The following three conditions
                                                                        (ii) The order for service.                             must exist for both the tare and gross
                                                                        (iii) The inventory.                                    weighings:
                                                                        (c) A copy of the bill of lading must                      (1) The vehicle must have installed or
                                                                      accompany a shipment at all times                         loaded all pads, dollies, hand trucks,
                                                                      while in your (or your agent’s) posses-                   ramps, and other equipment required
                                                                      sion. Before the vehicle leaves the resi-                 in the transportation of the shipment.
                                                                      dence of origin, the bill of lading must                     (2) The driver and other persons must
cprice-sewell on PROD1PC63 with CFR




                                                                      be in the possession of the driver re-                    be off the vehicle at the time of either
                                                                      sponsible for the shipment.                               weighing.

                                                                                                                           107



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00117   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      § 375.511                                                             49 CFR Ch. III (10–1–07 Edition)

                                                                        (3) The fuel tanks on the vehicle                       individual shipper may send the waiver
                                                                      must be full at the time of each weigh-                   notification via fax transmission; e-
                                                                      ing, or, in the alternative, when you                     mail; overnight courier; or certified
                                                                      use the first method—origin weigh, in                     mail, return receipt requested.
                                                                      paragraph (a)(1) of this section, where                     (c) Waiver of the right to observe a
                                                                      the tare weighing is the first weighing                   weighing or re-weighing does not affect
                                                                      performed, you must refrain from add-                     any other rights of the individual ship-
                                                                      ing fuel between the two weighings.                       per under this part or otherwise.
                                                                        (c) You may detach the trailer of a
                                                                      tractor-trailer vehicle combination                       [68 FR 35091, June 11, 2003, as amended at 69
                                                                                                                                FR 10576, Mar. 5, 2004]
                                                                      from the tractor and have the trailer
                                                                      weighed separately at each weighing                       § 375.517 May an individual shipper
                                                                      provided the length of the scale plat-                        demand re-weighing?
                                                                      form is adequate to accommodate and
                                                                      support the entire trailer at one time.                      After you inform the individual ship-
                                                                        (d) You must use the net weight of                      per of the billing weight and total
                                                                      shipments transported in containers.                      charges and before actually beginning
                                                                      You must calculate the difference be-                     to unload a shipment weighed at origin
                                                                      tween the tare weight of the container                    (first method under § 375.509(a)(1)), the
                                                                      (including all pads, blocking and brac-                   individual shipper may demand a re-
                                                                      ing used in the transportation of the                     weigh. You must base your freight bill
                                                                      shipment) and the gross weight of the                     charges upon the re-weigh weight.
                                                                      container with the shipment loaded in
                                                                      the container.                                            § 375.519     Must I obtain weight tickets?
                                                                                                                                  (a) You must obtain weight tickets
                                                                      § 375.511 May I use an alternative                        whenever we require you to weigh the
                                                                          method for shipments weighing                         shipment in accordance with this sub-
                                                                          3,000 pounds or less?
                                                                                                                                part. You must obtain a separate
                                                                         For shipments weighing 3,000 pounds                    weight ticket for each weighing. The
                                                                      or less (1,362 kilograms or less), you                    weigh master must sign each weight
                                                                      may weigh the shipment upon a plat-                       ticket. Each weight ticket must con-
                                                                      form or warehouse certified scale be-                     tain the following six items:
                                                                      fore loading for transportation or after                    (1) The complete name and location
                                                                      unloading.                                                of the scale.
                                                                                                                                  (2) The date of each weighing.
                                                                      § 375.513 Must I give the individual
                                                                          shipper an opportunity to observe                       (3) The identification of the weight
                                                                          the weighing?                                         entries as being the tare, gross, or net
                                                                                                                                weights.
                                                                         You must give the individual shipper
                                                                                                                                  (4) The company or carrier identifica-
                                                                      or any other person responsible for the
                                                                                                                                tion of the vehicle.
                                                                      payment of the freight charges the
                                                                      right to observe all weighings of the                       (5) The last name of the individual
                                                                      shipment. You must advise the indi-                       shipper as it appears on the bill of lad-
                                                                      vidual shipper, or any other person en-                   ing.
                                                                      titled to observe the weighings, where                      (6) The carrier’s shipment registra-
                                                                      and when each weighing will occur.                        tion or bill of lading number.
                                                                      You must give the person who will ob-                       (b) When both weighings are per-
                                                                      serve the weighings a reasonable oppor-                   formed on the same scale, one weight
                                                                      tunity to be present to observe the                       ticket may be used to record both
                                                                      weighings.                                                weighings.
                                                                                                                                  (c) As part of the file on the ship-
                                                                      § 375.515 May an individual shipper                       ment, you must retain the original
                                                                           waive his/her right to observe each                  weight ticket or tickets relating to the
                                                                           weighing?                                            determination of the weight of a ship-
                                                                         (a) If an individual shipper elects not                ment.
                                                                      to observe a weighing, the shipper is                       (d) All freight bills you present to an
                                                                      presumed to have waived that right.                       individual shipper must include true
                                                                         (b) If an individual shipper elects not                copies of all weight tickets obtained in
cprice-sewell on PROD1PC63 with CFR




                                                                      to observe a reweighing, the shipper                      the determination of the shipment
                                                                      must waive that right in writing. The                     weight in order to collect any shipment

                                                                                                                           108



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00118   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                                § 375.607

                                                                      charges dependent upon the weight                         § 375.603 When must I tender a ship-
                                                                      transported.                                                  ment for delivery?
                                                                                                                                   You must tender a shipment for de-
                                                                      § 375.521 What must I do if an indi-
                                                                          vidual shipper wants to know the                      livery for an individual shipper on the
                                                                          actual weight or charges for a ship-                  agreed delivery date or within the pe-
                                                                          ment before I tender delivery?                        riod specified on the bill of lading.
                                                                                                                                Upon the request or concurrence of the
                                                                        (a) If an individual shipper of a ship-                 individual shipper, you may waive this
                                                                      ment being transported on a collect-on-                   requirement.
                                                                      delivery basis specifically requests no-
                                                                      tification of the actual weight or vol-                   § 375.605 How must I notify an indi-
                                                                      ume and charges on the shipment, you                           vidual shipper of any service
                                                                      must comply with this request. This                            delays?
                                                                      requirement is conditioned upon the                          (a) When you are unable to perform
                                                                      individual shipper’s supplying you with                   either the pickup or delivery of a ship-
                                                                      an address or telephone number where                      ment on the dates or during the periods
                                                                      the individual shipper will receive the                   specified in the order for service and as
                                                                      communication. You must make your                         soon as the delay becomes apparent to
                                                                      notification by telephone; in person;                     you, you must notify the individual
                                                                      fax transmissions; e-mail; overnight                      shipper of the delay, at your expense,
                                                                      courier; or certified mail, return re-                    in one of the following six ways:
                                                                      ceipt requested.                                             (1) By telephone.
                                                                        (b) The individual shipper must re-                        (2) In person.
                                                                      ceive your notification at least one full                    (3) Fax transmissions.
                                                                      24-hour day before any tender of the                         (4) E-mail.
                                                                      shipment for delivery, excluding Satur-                      (5) Overnight courier.
                                                                      days, Sundays and Federal holidays.                          (6) Certified mail, return receipt re-
                                                                        (c) You may disregard the 24-hour no-                   quested.
                                                                      tification requirement on shipments in                       (b) You must advise the individual
                                                                      any one of the following three cir-                       shipper of the dates or periods you ex-
                                                                      cumstances:                                               pect to be able to pick up and/or deliver
                                                                        (1) The shipment will be back                           the shipment. You must consider the
                                                                      weighed (i.e., weighed at destination).                   needs of the individual shipper in your
                                                                        (2) Pickup and delivery encompass                       advisement. You also must do the fol-
                                                                      two consecutive weekdays, if the indi-                    lowing four things:
                                                                      vidual shipper agrees.                                       (1) You must prepare a written record
                                                                        (3) The shipment is moving under a                      of the date, time, and manner of notifi-
                                                                      non-binding estimate and the max-                         cation.
                                                                      imum payment required at time of de-                         (2) You must prepare a written record
                                                                      livery is 110 percent of the estimated                    of your amended date or period for
                                                                      charges, but only if the individual ship-                 pick-up or delivery.
                                                                      per agrees to waive the 24-hour notifi-                      (3) You must retain these records as
                                                                      cation requirement.                                       a part of your file on the shipment. The
                                                                                                                                retention period is one year from the
                                                                      [68 FR 35091, June 11, 2003, as amended at 69             date of notification.
                                                                      FR 10576, Mar. 5, 2004]                                      (4) You must furnish a copy of the
                                                                                                                                notice to the individual shipper by first
                                                                           Subpart F—Transportation of                          class mail or in person if the individual
                                                                                    Shipments                                   shipper requests a copy of the notice.

                                                                      § 375.601 Must I transport the ship-                      [68 FR 35091, June 11, 2003, as amended at 69
                                                                          ment in a timely manner?                              FR 10576, Mar. 5, 2004]

                                                                        Yes. Transportation in a timely man-                    § 375.607 What must I do if I am able
                                                                      ner is also known as ‘‘reasonable dis-                         to tender a shipment for final deliv-
                                                                      patch service.’’ You must provide rea-                         ery more than 24 hours before a
                                                                      sonable dispatch service to all indi-                          specified date?
                                                                      vidual shippers, except for transpor-                        (a) You may ask the individual ship-
cprice-sewell on PROD1PC63 with CFR




                                                                      tation on the basis of guaranteed pick-                   per to accept an early delivery date. If
                                                                      up and delivery dates.                                    the individual shipper does not concur

                                                                                                                           109



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00119   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      § 375.609                                                             49 CFR Ch. III (10–1–07 Edition)

                                                                      with your request or the individual                         (2) The maximum period of time pro-
                                                                      shipper does not request an early deliv-                  vided in your tariff for storage-in-tran-
                                                                      ery date, you may, at your discretion,                    sit.
                                                                      place a shipment in storage under your                      (d) You must notify the individual
                                                                      own account and at your own expense                       shipper by facsimile transmission; e-
                                                                      in a warehouse located near the des-                      mail; overnight courier; or certified
                                                                      tination of the shipment. If you place                    mail, return receipt requested.
                                                                      the shipment in storage, you must                           (e) If you are holding household
                                                                      comply with paragraph (b) of this sec-                    goods in storage-in-transit for a period
                                                                      tion. You may comply with paragraph                       of time less than 10 days, you must
                                                                      (c) of this section, at your discretion.                  give notification to the individual ship-
                                                                        (b) You must immediately notify the                     per of the information specified in
                                                                      individual shipper of the name and ad-                    paragraph (b) of this section one day
                                                                      dress of the warehouse where you place                    before the expiration date of the speci-
                                                                      the shipment. You must make and                           fied time when the goods are to be held
                                                                      keep a record of your notification as a                   in such storage.
                                                                      part of your shipment records. You                          (f) You must maintain a record of no-
                                                                      have responsibility for the shipment                      tifications as part of the records of the
                                                                      under the terms and conditions of the                     shipment.
                                                                      bill of lading. You are responsible for                     (g) Your failure or refusal to notify
                                                                      the charges for redelivery, handling,                     the individual shipper will automati-
                                                                      and storage until you make final deliv-                   cally effect a continuance of your car-
                                                                      ery.                                                      rier liability according to the applica-
                                                                        (c) You may limit your responsibility                   ble tariff provisions with respect to
                                                                      under paragraph (b) of this section up                    storage-in-transit, until the end of the
                                                                      to the agreed delivery date or the first                  day following the date when you actu-
                                                                      day of the period of time of delivery as                  ally gave notice.
                                                                      specified in the bill of lading.                          [68 FR 35091, June 11, 2003, as amended at 69
                                                                                                                                FR 10577, Mar. 5, 2004]
                                                                      § 375.609 What must I do for shippers
                                                                          who store household goods in tran-
                                                                          sit?                                                   Subpart G—Delivery of Shipments
                                                                        (a) If you are holding goods for stor-                  § 375.701 May I provide for a release of
                                                                      age-in-transit (SIT) and the period of                         liability on my delivery receipt?
                                                                      time is about to expire, you must com-                       (a) Your delivery receipt or shipping
                                                                      ply with this section.                                    document must not contain any lan-
                                                                        (b) You must notify the individual                      guage purporting to release or dis-
                                                                      shipper, in writing of the following four                 charge you or your agents from liabil-
                                                                      items:                                                    ity.
                                                                        (1) The date of conversion to perma-                       (b) The delivery receipt may include
                                                                      nent storage.                                             a statement the property was received
                                                                        (2) The existence of a nine-month pe-                   in apparent good condition except as
                                                                      riod after the date of conversion to per-                 noted on the shipping documents.
                                                                      manent storage when the individual
                                                                      shipper may file claims against you for                   § 375.703 What is the maximum collect-
                                                                      loss or damage occurring to the goods                          on-delivery amount I may demand
                                                                      in transit or during the storage-in-                           at the time of delivery?
                                                                      transit period.                                              (a) On a binding estimate, the max-
                                                                        (3) The fact your liability is ending.                  imum amount is the exact estimate of
                                                                        (4) The fact the individual shipper’s                   the charges, plus charges for any addi-
                                                                      property will be subject to the rules,                    tional services requested by the shipper
                                                                      regulations, and charges of the ware-                     after the bill of lading has been issued
                                                                      houseman.                                                 and charges, if applicable, for impracti-
                                                                        (c) You must make this notification                     cable operations as defined in your car-
                                                                      at least 10 days before the expiration                    rier tariff. The maximum amount of
                                                                      date of either one of the following two                   charges for impracticable operations
                                                                      periods:                                                  you may collect on delivery is an
cprice-sewell on PROD1PC63 with CFR




                                                                        (1) The specified period of time when                   amount equal to 15 percent of all other
                                                                      the goods are to be held in storage.                      charges due at delivery.

                                                                                                                           110



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00120   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                                § 375.709

                                                                        (b) On a non-binding estimate, the                      ered relative to the total weight of the
                                                                      maximum amount is 110 percent of the                      shipment. For example, if you deliver
                                                                      non-binding estimate of the charges,                      only 2,500 pounds of a shipment weigh-
                                                                      plus charges for any additional services                  ing 5,000 pounds, you may demand at
                                                                      requested by the shipper after the bill                   destination, as applicable, only 50 per-
                                                                      of lading has been issued and charges,                    cent of a binding estimate or 50 percent
                                                                      if applicable, for impracticable oper-                    of not more than 110 percent of a non-
                                                                      ations as defined in your carrier tariff.                 binding estimate;
                                                                      The maximum amount of charges for                           (ii) Charges for any additional serv-
                                                                      impracticable operations you may col-                     ices requested by the shipper after the
                                                                      lect on delivery is an amount equal to                    bill of lading has been issued; and
                                                                      15 percent of all other charges due at                      (iii) Charges for impracticable oper-
                                                                      delivery.                                                 ations, if applicable, except that such
                                                                                                                                charges must not exceed 15 percent of
                                                                      [72 FR 36774, July 5, 2007]
                                                                                                                                all other charges due at delivery.
                                                                      § 375.705 If a shipment is transported                      (iv) Any specific valuation charge
                                                                           on more than one vehicle, what                       due.
                                                                           charges may I collect at delivery?                     (2) You must bill and collect from the
                                                                                                                                individual shipper any remaining
                                                                         (a) At your discretion, you may do
                                                                                                                                charges not collected at delivery in ac-
                                                                      one of the following three things:
                                                                         (1) You may defer the collection of                    cordance with subpart H of this part.
                                                                                                                                  (b) You must determine, at your own
                                                                      all charges until you deliver the entire
                                                                                                                                expense, the proportion of the ship-
                                                                      shipment.
                                                                         (2) If you have determined the                         ment, based on actual or constructive
                                                                      charges for the entire shipment, you                      weight, not lost or destroyed in transit.
                                                                                                                                  (c) You may disregard paragraph
                                                                      may collect charges for the portion of
                                                                                                                                (a)(1) of this section if loss or destruc-
                                                                      the shipment tendered for delivery.
                                                                                                                                tion was due to an act or omission of
                                                                      You must determine the percentage of
                                                                                                                                the individual shipper.
                                                                      the charges for the entire shipment
                                                                                                                                  (d) The individual shipper’s rights are
                                                                      represented by the portion of the ship-
                                                                                                                                in addition to, and not in lieu of, any
                                                                      ment tendered for delivery.
                                                                                                                                other rights the individual shipper may
                                                                         (3) If you cannot reasonably calculate
                                                                                                                                have with respect to a shipment of
                                                                      the charges for the entire shipment,
                                                                                                                                household goods you or your agent(s)
                                                                      you must determine the charges for the
                                                                                                                                partially lost or destroyed in transit.
                                                                      portion of the shipment being deliv-
                                                                                                                                This applies whether or not the indi-
                                                                      ered. You must collect this amount.
                                                                                                                                vidual shipper exercises any rights to
                                                                      The total charges you assess for the
                                                                                                                                obtain a refund of the portion of your
                                                                      transportation of the separate portions
                                                                                                                                published      freight    charges     cor-
                                                                      of the shipment must not be more than
                                                                                                                                responding to the portion of the lost or
                                                                      the charges due for the entire ship-
                                                                                                                                destroyed shipment (including any
                                                                      ment.
                                                                         (b) In the event of the loss or destruc-               charges for accessorial or terminal
                                                                      tion of any part of a shipment trans-                     services) at the time you dispose of
                                                                      ported on more than one vehicle, you                      claims for loss, damage, or injury to
                                                                      must collect the charges as provided in                   articles in the shipment under part 370
                                                                      § 375.707.                                                of this chapter.
                                                                                                                                [72 FR 36775, July 5, 2007]
                                                                      § 375.707 If a shipment is partially lost
                                                                            or destroyed, what charges may I                    § 375.709 If a shipment is totally lost or
                                                                            collect at delivery?                                     destroyed, what charges may I col-
                                                                         (a) (1) If a shipment is partially lost                     lect at delivery?
                                                                      or destroyed, you may collect at deliv-                      (a) You are forbidden from collecting,
                                                                      ery:                                                      or requiring an individual shipper to
                                                                         (i) A prorated percentage of the bind-                 pay, any freight charges (including any
                                                                      ing estimate or a prorated percentage                     charges for accessorial or terminal
                                                                      of up to 110 percent of the non-binding                   services) when a household goods ship-
                                                                      estimate. The prorated percentage is                      ment is totally lost or destroyed in tran-
cprice-sewell on PROD1PC63 with CFR




                                                                      equal to the percentage of the weight                     sit. The following two conditions also
                                                                      of that portion of the shipment deliv-                    apply:

                                                                                                                           111



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00121   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213
                                                                      § 375.801                                                             49 CFR Ch. III (10–1–07 Edition)

                                                                        (1) You must collect any specific                       endar days for any shipper who has not
                                                                      valuation charge due.                                     paid your freight bill within the 7-day
                                                                        (2) You may disregard paragraph (a)                     period. However, for charges for im-
                                                                      of this section if loss or destruction                    practicable operations that are not col-
                                                                      was due to an act or omission of the in-                  lected at delivery, you may not extend
                                                                      dividual shipper.                                         the credit period beyond 30 days after
                                                                        (b) The individual shipper’s rights are                 you present your freight bill.
                                                                      in addition to, and not in lieu of, any                     (2) You will assess a service charge to
                                                                      other rights the individual shipper may                   each individual shipper equal to one
                                                                      have with respect to a shipment of                        percent of the amount of the freight
                                                                      household goods you or your agent(s)                      bill, subject to a $20 minimum charge,
                                                                      totally lost or destroyed in transit.                     for the extension of the credit period.
                                                                      This applies whether or not the indi-                     You will assess the service charge for
                                                                      vidual shipper exercises its rights pro-                  each 30-day extension the charges go
                                                                      vided in paragraph (a) of this section.                   unpaid.
                                                                                                                                  (3) You must deny credit to any ship-
                                                                      Subpart H—Collection of Charges                           per who fails to pay a duly-presented
                                                                                                                                freight bill within the 30-day period.
                                                                      § 375.801 What types of charges apply                     You may grant credit to the individual
                                                                           to subpart H?                                        shipper when the individual shipper
                                                                         This subpart applies to all shipments                  satisfies he/she will promptly pay all
                                                                      of household goods that:                                  future freight bills duly presented.
                                                                         (a) Entail a balance due freight or ex-                  (4) You must ensure all payments of
                                                                      pense bill, or                                            freight bills are strictly in accordance
                                                                         (b) Are transported on an extension                    with the rules and regulations of this
                                                                      of credit basis.                                          part for the settlement of your rates
                                                                      [69 FR 10577, Mar. 5, 2004]                               and charges.
                                                                                                                                [68 FR 35091, June 11, 2003, as amended at 72
                                                                      § 375.803 How must I present my                           FR 36775, July 5, 2007]
                                                                          freight or expense bill?
                                                                         You must present your freight or ex-                               Subpart I—Penalties
                                                                      pense bill in accordance with § 375.807 of
                                                                      this subpart.                                             § 375.901 What penalties do we impose
                                                                                                                                    for violations of this part?
                                                                      [69 FR 10577, Mar. 5, 2004]
                                                                                                                                   The penalty provisions of 49 U.S.C.
                                                                      § 375.805 If I am forced to relinquish a                  Chapter 149, Civil and Criminal Pen-
                                                                          collect-on-delivery shipment before                   alties apply to this part. These pen-
                                                                          the payment of ALL charges, how                       alties do not overlap. Notwithstanding
                                                                          do I collect the balance?                             these civil penalties, nothing in this
                                                                         On ‘‘collect-on-delivery’’ shipments,                  section shall deprive any holder of a re-
                                                                      you must present your freight bill for                    ceipt or a bill of lading any remedy or
                                                                      all transportation charges within 15                      right of action under existing law.
                                                                      days as required by § 375.807.
                                                                                                                                 APPENDIX A TO PART 375—YOUR RIGHTS
                                                                      § 375.807 What actions may I take to                       AND RESPONSIBILITIES WHEN YOU MOVE
                                                                           collect the charges upon my freight
                                                                           bill?                                                OMB No. 2126–0025
                                                                         (a) You must present a freight bill                     FURNISHED BY YOUR MOVER, AS REQUIRED BY
                                                                      within 15 days (excluding Saturdays,                                    FEDERAL LAW
                                                                      Sundays, and Federal holidays) of the
                                                                      date of delivery of a shipment at its                       AUTHORITY: 49 U.S.C. 13301, 13704, 13707, and
                                                                                                                                14104; 49 CFR 1.73.
                                                                      destination.
                                                                         (b) The credit period must be seven                          What Is Included in This Pamphlet?
                                                                      days (including Saturdays, Sundays,
                                                                                                                                In this pamphlet, you will find a discussion
                                                                      and Federal holidays).                                      of each of these topics:
                                                                         (c) You must provide in your tariffs                   Why Was I Given This Pamphlet?
                                                                      the following four things:                                What Are the Most Important Points I
cprice-sewell on PROD1PC63 with CFR




                                                                         (1) You must automatically extend                        Should Remember From This Pamphlet?
                                                                      the credit period to a total of 30 cal-                   What If I Have More Questions?

                                                                                                                           112



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00122   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                           Pt. 375, App. A
                                                                           SUBPART A—GENERAL REQUIREMENTS                            SUBPART F—TRANSPORTATION OF MY
                                                                                                                                               SHIPMENT
                                                                      Who must follow the regulations?
                                                                      What definitions are used in this Pamphlet?               Must my mover transport the shipment in a
                                                                                                                                 timely manner?
                                                                       SUBPART B—BEFORE REQUESTING SERVICES                     What must my mover do if it is able to de-
                                                                                 FROM ANY MOVER                                  liver my shipment more than 24 hours be-
                                                                      What is my mover’s normal liability for loss               fore I am able to accept delivery?
                                                                       or damage when my mover accepts goods                    What must my mover do for me when I store
                                                                       from me?                                                  household goods in transit?
                                                                      What actions by me limit or reduce my mov-
                                                                       er’s normal liability?
                                                                      What are dangerous or hazardous materials                    SUBPART G—DELIVERY OF MY SHIPMENT
                                                                       that may limit or reduce my mover’s nor-
                                                                       mal liability?                                           May my mover ask me to sign a delivery re-
                                                                      May my mover have agents?                                   ceipt releasing it from liability?
                                                                      What items must be in my mover’s adver-                   What is the maximum collect-on-delivery
                                                                       tisements?                                                 amount my mover may demand I pay at
                                                                      How must my mover handle complaints and                     the time of delivery?
                                                                       inquiries?                                               If my shipment is transported on more than
                                                                      Do I have the right to inspect my mover’s                   one vehicle, what charges may my mover
                                                                       tariffs (schedules of charges) applicable to               collect at delivery?
                                                                       my move?                                                 If my shipment is partially or totally lost or
                                                                      Must my mover have an arbitration pro-                      destroyed, what charges may my mover
                                                                       gram?                                                      collect at delivery?
                                                                      Must my mover inform me about my rights                   How must my mover calculate the charges
                                                                       and responsibilities under Federal Law?                    applicable to the shipment as delivered?
                                                                      What other information must my mover pro-
                                                                                                                                    SUBPART H—COLLECTION OF CHARGES
                                                                       vide to me?
                                                                      How must my mover collect charges?                        Does this subpart apply to most shipments?
                                                                      May my mover collect charges upon deliv-                  How must my mover present its freight or
                                                                       ery?                                                       expense bill to me?
                                                                      May my mover extend credit to me?                         If I forced my mover to relinquish a collect-
                                                                      May my mover accept charge or credit cards                  on-delivery shipment before the payment
                                                                       for my payments?                                           of ALL charges, how must my mover col-
                                                                                                                                  lect the balance?
                                                                         SUBPART C—SERVICE OPTIONS PROVIDED                     What actions may my mover take to collect
                                                                      What service options may my mover pro-                      from me the charges in its freight bill?
                                                                        vide?                                                   Do I have a right to file a claim to recover
                                                                      If my mover sells liability insurance cov-                  money for property my mover lost or dam-
                                                                        erage, what must my mover do?                             aged?

                                                                             SUBPART D—ESTIMATING CHARGES                        SUBPART I—RESOLVING DISPUTES WITH MY
                                                                                                                                               MOVER
                                                                      Must my mover estimate the transportation
                                                                       and accessorial charges for my move?                     What may I do to resolve disputes with my
                                                                      How must my mover estimate charges under                   mover?
                                                                       the regulations?
                                                                      What payment arrangements must my                               WHY WAS I GIVEN THIS PAMPHLET?
                                                                       mover have in place to secure delivery of                  The Federal Motor Carrier Safety Admin-
                                                                       my household goods shipment?                             istration’s (FMCSA) regulations protect con-
                                                                                                                                sumers on interstate moves and define the
                                                                         SUBPART E—PICKUP OF MY SHIPMENT OF                     rights and responsibilities of consumers and
                                                                                  HOUSEHOLD GOODS                               household goods carriers.
                                                                      Must my mover write up an order for serv-                   The household goods carrier (mover) gave
                                                                       ice?                                                     you this booklet to provide information
                                                                      Must my mover write up an inventory of the                about your rights and responsibilities as an
                                                                       shipment?                                                individual shipper of household goods. Your
                                                                      Must my mover write up a bill of lading?                  primary responsibility is to select a rep-
                                                                      Should I reach an agreement with my mover                 utable household goods carrier, ensure that
                                                                       about pickup and delivery times?                         you understand the terms and conditions of
                                                                      Must my mover determine the weight of my                  the contract, and understand and pursue the
                                                                       shipment?                                                remedies that are available to you in case
                                                                      How must my mover determine the weight of                 problems arise. You should talk to your
                                                                       my shipment?                                             mover if you have further questions. The
                                                                      What must my mover do if I want to know                   mover will also furnish you with additional
cprice-sewell on PROD1PC63 with CFR




                                                                       the actual weight or charges for my ship-                written information describing its procedure
                                                                       ment before delivery?                                    for handling your questions and complaints.

                                                                                                                           113



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00123   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX    211213
                                                                      Pt. 375, App. A                                                       49 CFR Ch. III (10–1–07 Edition)
                                                                      The additional written information will in-               sessed a fee to obtain this information. See
                                                                      clude a telephone number you can call to ob-              49 CFR part 7 for the schedule of fees.
                                                                      tain additional information about your                      13. You should seek estimates from at least
                                                                      move.                                                     three different movers. You should not dis-
                                                                                                                                close any information to the different mov-
                                                                        WHAT ARE THE MOST IMPORTANT POINTS I                    ers about their competitors, as it may affect
                                                                        SHOULD REMEMBER FROM THIS PAMPHLET?                     the accuracy of their estimates.
                                                                        1. Movers must give written estimates.
                                                                                                                                      WHAT IF I HAVE MORE QUESTIONS?
                                                                        2. Movers may give binding estimates.
                                                                        3. Non-binding estimates are not always                   If this pamphlet does not answer all of
                                                                      accurate; actual charges may exceed the es-               your questions about your move, do not hesi-
                                                                      timate.                                                   tate to ask for additional information from
                                                                        4. If your mover provides you (or someone               your mover’s representative who handled the
                                                                      representing you) with any partially com-                 arrangements for your move, the driver who
                                                                      plete document for your signature, you                    transports your shipment, or the mover’s
                                                                      should verify the document is as complete as              main office.
                                                                      possible before signing it. Make sure the doc-
                                                                      ument contains all relevant shipping infor-                   SUBPART A—GENERAL REQUIREMENTS
                                                                      mation, except the actual shipment weight                   The primary responsibility for your protec-
                                                                      and any other information necessary to de-                tion lies with you in selecting a reputable
                                                                      termine the final charges for all services per-           household goods carrier, ensuring you under-
                                                                      formed.                                                   stand the terms and conditions of your con-
                                                                        5. You may request from your mover the                  tract with your mover, and understanding
                                                                      availability of guaranteed pickup and deliv-              and pursuing the remedies that are available
                                                                      ery dates.                                                to you in case problems arise.
                                                                        6. Be sure you understand the mover’s re-
                                                                      sponsibility for loss or damage, and request                  WHO MUST FOLLOW THE REGULATIONS?
                                                                      an explanation of the difference between
                                                                                                                                  The regulations inform motor carriers en-
                                                                      valuation and actual insurance.
                                                                                                                                gaged in the interstate transportation of
                                                                        7. You have the right to be present each
                                                                                                                                household goods (household goods motor car-
                                                                      time your shipment is weighed.
                                                                                                                                riers or movers) what standards they must
                                                                        8. You may request a reweigh of your ship-
                                                                                                                                follow when offering services to you. You, an
                                                                      ment.
                                                                        9. If you agree to move under a non-binding             individual shipper, are not directly subject
                                                                      estimate, you should confirm with your                    to the regulations. However, your mover
                                                                      mover—in writing—the method of payment                    may be required by the regulations to de-
                                                                      at delivery as cash, certified check, cashier’s           mand that you pay on time. The regulations
                                                                      check, money order, or credit card.                       apply only to a mover that both transports
                                                                        10. Movers must offer a dispute settlement              your household goods by motor vehicle in
                                                                      program as an alternative means of settling               interstate commerce—that is, when you are
                                                                      loss or damage claims. Ask your mover for                 moving from one State to another—and pro-
                                                                      details.                                                  vides certain types of additional services.
                                                                        11. You should ask the person you speak to              The regulations do not apply when your
                                                                      whether he or she works for the actual                    interstate move takes place within a single
                                                                      mover or a household goods broker. A house-               commercial zone. A commercial zone is
                                                                      hold goods broker must not represent itself               roughly equivalent to the local metropolitan
                                                                      as a mover. The broker is responsible only                area of a city or town. For example, a move
                                                                      for arranging the transportation. It does not             between Brooklyn, NY, and Hackensack, NJ,
                                                                      own the trucks used to transport the ship-                would be considered within the New York
                                                                      ment and is required to find an authorized                City commercial zone and would not be sub-
                                                                      mover to provide the transportation. You                  ject to these regulations. Commercial zones
                                                                      should know that a household goods broker                 are defined in 49 CFR part 372.
                                                                      generally has no authority to provide you
                                                                                                                                     WHAT DEFINITIONS ARE USED IN THIS
                                                                      with an estimate for the move, unless the
                                                                                                                                                PAMPHLET?
                                                                      broker has a written agreement with the
                                                                      household goods carrier. If a household goods               Accessorial (Additional) Services—These are
                                                                      broker provides you with an estimate with-                services such as packing, appliance serv-
                                                                      out a written agreement with the carrier,                 icing, unpacking, or piano stair carries that
                                                                      the estimate may not be binding and you                   you request be performed (or that are nec-
                                                                      may instead be required to pay the actual                 essary because of landlord requirements or
                                                                      charges assessed by the mover. A household                other special circumstances). Charges for
                                                                      goods broker is not responsible for loss or               these services may be in addition to the line-
                                                                      damage.                                                   haul charges.
                                                                        12. You may request complaint informa-                    Advanced Charges—These are charges for
                                                                      tion about movers from the Federal Motor                  services performed by someone other than
cprice-sewell on PROD1PC63 with CFR




                                                                      Carrier Safety Administration under the                   the mover. A professional, craftsman, or
                                                                      Freedom of Information Act. You may be as-                other third party may perform these services

                                                                                                                           114



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00124   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                           Pt. 375, App. A
                                                                      at your request. The mover pays for these                    High-Value Article—These are items in-
                                                                      services and adds the charges to your bill of             cluded in a shipment valued at more than
                                                                      lading charges.                                           $100 per pound ($220 per kilogram).
                                                                        Advertisement—This is any communication                    Household Goods, as used in connection
                                                                      to the public in connection with an offer or              with transportation, means the personal ef-
                                                                      sale of any interstate household goods trans-             fects or property used, or to be used, in a
                                                                      portation service. This will include written              dwelling, when part of the equipment or sup-
                                                                      or electronic database listings of your mov-              plies of the dwelling. Transportation of the
                                                                      er’s name, address, and telephone number in               household goods must be arranged and paid
                                                                      an online database. This excludes listings of             for by you or by another individual on your
                                                                      your mover’s name, address, and telephone                 behalf. This may include items moving from
                                                                      number in a telephone directory or similar                a factory or store when you purchase them
                                                                      publication. However, Yellow Pages adver-                 to use in your dwelling. You must request
                                                                      tising is included within the definition.                 that these items be transported, and you (or
                                                                                                                                another individual on your behalf) must pay
                                                                        Agent—A local moving company authorized
                                                                                                                                the transportation charges to the mover.
                                                                      to act on behalf of a larger, national com-                  Household Goods Motor Carrier means a
                                                                      pany.                                                     motor carrier that, in the ordinary course of
                                                                        Appliance Service by Third Party—The prep-              its business of providing transportation of
                                                                      aration of major electrical appliances to                 household goods, offers some or all of the fol-
                                                                      make them safe for shipment. Charges for                  lowing additional services: (1) Binding and
                                                                      these services may be in addition to the line-            non-binding estimates, (2) Inventory, (3) Pro-
                                                                      haul charges.                                             tective packing and unpacking of individual
                                                                        Bill of Lading—The receipt for your goods               items at personal residences, and (4) Loading
                                                                      and the contract for their transportation.                and unloading at personal residences. The
                                                                        Carrier—The mover transporting your                     term does not include a motor carrier when
                                                                      household goods.                                          the motor carrier provides transportation of
                                                                        Collect on Delivery (COD)—This means pay-               household goods in containers or trailers
                                                                      ment is required at the time of delivery at               that are entirely loaded and unloaded by an
                                                                      the destination residence (or warehouse).                 individual other than an employee or agent
                                                                        Certified Scale—Any scale designed for                  of the motor carrier.
                                                                      weighing motor vehicles, including trailers                  Individual Shipper—Any person who—
                                                                      or semi-trailers not attached to a tractor,                  1. Is the shipper, consignor, or consignee of
                                                                      and certified by an authorized scale inspec-              a household goods shipment;
                                                                      tion and licensing authority. A certified                    2. Is identified as the shipper, consignor, or
                                                                      scale may also be a platform or warehouse                 consignee on the face of the bill of lading;
                                                                      type scale that is properly inspected and cer-               3. Owns the goods being transported; and
                                                                      tified.                                                      4. Pays his or her own tariff transportation
                                                                                                                                charges.
                                                                        Estimate, Binding—This is a written agree-
                                                                                                                                   Impracticable Operations generally refer to
                                                                      ment made in advance with your mover. It
                                                                                                                                services required when operating conditions
                                                                      guarantees the total cost of the move based
                                                                                                                                make it physically impossible for the motor
                                                                      upon the quantities and services shown on
                                                                                                                                carrier to perform pickup or delivery with
                                                                      the estimate.
                                                                                                                                its normally assigned road-haul equipment,
                                                                        Estimate, Non-Binding—This is what your                 so that the carrier must use smaller equip-
                                                                      mover believes the cost will be, based upon               ment and/or additional labor to complete
                                                                      the estimated weight of the shipment and                  pickup or delivery of the shipment. A mover
                                                                      the accessorial services requested. A non-                may require payment of additional charges for
                                                                      binding estimate is not binding on the                    impracticable operations even if you do not re-
                                                                      mover. The final charges will be based upon               quest these services. The specific services
                                                                      the actual weight of your shipment, the serv-             considered to be impracticable operations by
                                                                      ices provided, and the tariff provisions in ef-           your mover are defined in your mover’s tar-
                                                                      fect.                                                     iff.
                                                                        Expedited Service—This is an agreement                     Inventory—The detailed descriptive list of
                                                                      with the mover to perform transportation by               your household goods showing the number
                                                                      a set date in exchange for charges based                  and condition of each item.
                                                                      upon a higher minimum weight.                                Line-Haul Charges—The charges for the ve-
                                                                        Flight Charge—A charge for carrying items               hicle transportation portion of your move.
                                                                      up or down flights of stairs. Charges for                 These charges, if separately stated, apply in
                                                                      these services may be in addition to the line-            addition to the accessorial service charges.
                                                                      haul charges.                                                Long Carry—A charge for carrying articles
                                                                        Guaranteed Pickup and Delivery Service—An               excessive distances between the mover’s ve-
                                                                      additional level of service featuring guaran-             hicle and your residence. Charges for these
                                                                      teed dates of service. Your mover will pro-               services may be in addition to the line-haul
                                                                      vide reimbursement to you for delays. This
cprice-sewell on PROD1PC63 with CFR




                                                                                                                                charges.
                                                                      premium service is often subject to min-                     May—An option. You or your mover may
                                                                      imum weight requirements.                                 do something, but it is not a requirement.

                                                                                                                           115



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00125   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX    211213
                                                                      Pt. 375, App. A                                                       49 CFR Ch. III (10–1–07 Edition)
                                                                        Mover—A household goods motor carrier                   charges, handling charges, and storage
                                                                      and its household goods agents.                           charges.
                                                                        Must—A legal obligation. You or your                      Surface Transportation Board—An agency
                                                                      mover must do something.                                  within the U.S. Department of Transpor-
                                                                        Order for Service—The document author-                  tation that regulates household goods car-
                                                                      izing the mover to transport your household               rier tariffs, among other responsibilities.
                                                                      goods.                                                    The Surface Transportation Board’s address
                                                                        Order (Bill of Lading) Number—The number                is 395 E Street, SW., Washington, DC 20423–
                                                                      used to identify and track your shipment.                 0001. Tele. 202–245–0245.
                                                                        Peak     Season    Rates—Higher    line-haul              Tariff—An issuance (in whole or in part)
                                                                      charges applicable during the summer                      containing rates, rules, regulations, classi-
                                                                      months.                                                   fications, or other provisions. The Surface
                                                                        Pickup and Delivery Charges—Separate                    Transportation Board requires that a tariff
                                                                      transportation charges applicable to trans-               contain three specific items. First, an accu-
                                                                      porting your shipment between the storage-                rate description of the services the mover of-
                                                                      in-transit warehouse and your residence.                  fers to the public. Second, the specific appli-
                                                                                                                                cable rates (or the basis for calculating the
                                                                        Reasonable Dispatch—The performance of
                                                                                                                                specific applicable rates) and service terms
                                                                      transportation on the dates, or during the
                                                                                                                                for services offered to the public. Third, the
                                                                      period of time, agreed upon by you and your
                                                                                                                                mover’s tariff must be arranged in a way
                                                                      mover and shown on the Order for Service/
                                                                                                                                that allows you to determine the exact
                                                                      Bill of Lading. For example, if your mover
                                                                                                                                rate(s) and service terms applicable to your
                                                                      deliberately withholds any shipment from
                                                                                                                                shipment.
                                                                      delivery after you offer to pay the binding                 Valuation—The degree of worth of the ship-
                                                                      estimate or up to 110 percent of a non-bind-              ment. The valuation charge compensates the
                                                                      ing estimate, plus any charges for additional             mover for assuming a greater degree of li-
                                                                      services you requested that were not in-                  ability than is provided for in its base trans-
                                                                      cluded in the estimate and/or permissible                 portation charges.
                                                                      charges for impracticable operations, your                  Warehouse Handling—A charge may be ap-
                                                                      mover has not transported the goods with                  plicable each time SIT service is provided.
                                                                      reasonable dispatch. The term ’’reasonable                Charges for these services may be in addition
                                                                      dispatch‘‘ excludes transportation provided               to the line-haul charges. This charge com-
                                                                      under your mover’s tariff provisions requir-              pensates the mover for the physical place-
                                                                      ing guaranteed service dates. Your mover                  ment and removal of items within the ware-
                                                                      will have the defense of force majeure, i.e.,             house.
                                                                      that the contract cannot be performed owing                 We, Us, and Our—The Federal Motor Car-
                                                                      to causes that are outside the control of the             rier Safety Administration (FMCSA).
                                                                      parties and could not be avoided by exercise                You and Your—You are an individual ship-
                                                                      of due care.                                              per of household goods. You are a consignor
                                                                        Should—A       recommendation.    We     rec-           or consignee of a household goods shipment
                                                                      ommend you or your mover do something,                    and your mover identifies you as such in the
                                                                      but it is not a requirement.                              bill of lading contract. You own the goods
                                                                        Shuttle Service—The use of a smaller vehi-              being transported and pay the transpor-
                                                                      cle to provide service to residences not ac-              tation charges to the mover.
                                                                      cessible to the mover’s normal line-haul ve-                Where may other terms used in this pamphlet
                                                                      hicles.                                                   be defined? You may find other terms used in
                                                                        Storage-In-Transit (SIT)—The temporary                  this pamphlet defined in 49 U.S.C. 13102. The
                                                                      warehouse storage of your shipment pending                statute controls the definitions in this pam-
                                                                      further transportation, with or without noti-             phlet. If terms are used in this pamphlet and
                                                                      fication to you. If you (or someone rep-                  the terms are defined neither here nor in 49
                                                                      resenting you) cannot accept delivery on the              U.S.C. 13102, the terms will have the ordi-
                                                                      agreed-upon date or within the agreed-upon                nary practical meaning of such terms.
                                                                      time period (for example, because your home
                                                                      is not quite ready to occupy), your mover                  SUBPART B—BEFORE REQUESTING SERVICES
                                                                      may place your shipment into SIT without                             FROM ANY MOVER
                                                                      notifying you. In those circumstances, you
                                                                                                                                WHAT IS MY MOVER’S NORMAL LIABILITY FOR
                                                                      will be responsible for the added charges for
                                                                                                                                 LOSS OR DAMAGE WHEN MY MOVER ACCEPTS
                                                                      SIT service, as well as the warehouse han-
                                                                                                                                 GOODS FROM ME?
                                                                      dling and final delivery charges. However,
                                                                      your mover also may place your shipment                     In general, your mover is legally liable for
                                                                      into SIT if your mover was able to make de-               loss or damage that occurs during perform-
                                                                      livery before the agreed-upon date (or before             ance of any transportation of household
                                                                      the first day of the agreed-upon delivery pe-             goods and of all related services identified on
                                                                      riod) but you did not concur with early deliv-            your mover’s lawful bill of lading.
                                                                      ery. In those circumstances, your mover                     Your mover is liable for loss of, or damage
cprice-sewell on PROD1PC63 with CFR




                                                                      must notify you immediately of the SIT, and               to, any household goods to the extent pro-
                                                                      your mover is fully responsible for redelivery            vided in the current Surface Transportation

                                                                                                                           116



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00126   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                           Pt. 375, App. A
                                                                      Board’s Released Rates Order. You may ob-                   (2) RELEASED VALUE of 60 Cents Per Pound
                                                                      tain a copy of the current Released Rates                 Per Article. This is the most economical pro-
                                                                      Order by contacting the Surface Transpor-                 tection option available; however, this no-
                                                                      tation Board at the address provided under                cost option provides only minimal protec-
                                                                      the definition of the Surface Transportation              tion. Under this option, the mover assumes
                                                                      Board. The rate may be increased annually                 liability for no more than 60 cents per pound
                                                                      by your mover based on the U.S. Department                per article. Loss or damage claims are set-
                                                                      of Commerce’s Cost of Living Adjustment.                  tled based on the weight of the article multi-
                                                                      Your mover may have additional liability if               plied by 60 cents per pound. For example, if
                                                                      your mover sells liability insurance to you.              a 10-pound stereo component valued at $1,000
                                                                        All moving companies are required to as-                were lost or destroyed, the mover would be
                                                                      sume liability for the value of the goods                 liable for no more than $6.00 (10 pounds × 60
                                                                      transported. However, there are different                 cents per pound). Obviously, you should
                                                                      levels of liability, and you should be aware of           think carefully before agreeing to such an
                                                                      the amount of protection provided and the                 arrangement. There is no extra charge for
                                                                      charges for each option.                                  this minimal protection, but you must sign a
                                                                        Basically, most movers offer two different              specific statement on the bill of lading
                                                                      levels of liability under the terms of their              agreeing to it. If you do not select this Alter-
                                                                      tariffs and the Surface Transportation                    native Level of Liability, your shipment will
                                                                      Board’s Released Rates Orders. These orders               be transported at the Full (Replacement)
                                                                      govern the moving industry. The levels of li-             Value level of liability and you will be as-
                                                                      ability are as follows:                                   sessed the applicable valuation charge.
                                                                        (1) FULL VALUE PROTECTION (FVP). This                     These two levels of liability are not insur-
                                                                      is the most comprehensive option available                ance agreements governed by State insur-
                                                                      for the protection of your goods. Unless you              ance laws but instead are contractual tariff
                                                                      waive full-value protection in writing and                levels of liability authorized under Released
                                                                      agree to Release Value Protection as de-                  Rates Orders of the Surface Transportation
                                                                      scribed below, your shipment will be trans-               Board of the U.S. Department of Transpor-
                                                                      ported under your mover’s full (replacement)              tation.
                                                                      value level of liability. If any article is lost,           In addition to these options, some movers
                                                                      destroyed, or damaged while in your mover’s               may also offer to sell, or procure for you,
                                                                      custody, your mover will, at its option, ei-              separate liability insurance from a third-
                                                                      ther: repair the article to the extent nec-               party insurance company when you release
                                                                      essary to restore it to the same condition as             your shipment for transportation at the min-
                                                                      when it was received by your mover, or pay                imum released value (60 cents per pound
                                                                      you for the cost of such repairs; replace the             [$1.32 per kilogram] per article). This is not
                                                                      article with an article of like kind; or pay              valuation coverage governed by Federal law
                                                                      you for the cost of a replacement article at              but optional insurance regulated under State
                                                                      the current market replacement value, re-                 law. If you purchase this separate coverage
                                                                      gardless of the age of the lost or damaged ar-            and your mover is responsible for loss or
                                                                      ticle. Your mover will charge you for this                damage, the mover is liable only for an
                                                                      level of protection, or you may select the Al-            amount not exceeding 60 cents per pound
                                                                      ternative Level of Liability described below.             ($1.32 per kilogram) per article, and the bal-
                                                                        The cost for FVP is based on the value that             ance of the loss is recoverable from the in-
                                                                      you place on your shipment. For example,                  surance company up to the amount of insur-
                                                                      the valuation charge for a shipment valued                ance purchased. The mover’s representative
                                                                      at $25,000 would be about $250.00. However,               can advise you of the availability of such li-
                                                                      the exact cost for full-value protection may              ability insurance, and the cost.
                                                                      vary by mover and may be further subject to                 If you purchase liability insurance from or
                                                                      various deductible levels of liability that               through your mover, the mover is required
                                                                      could reduce your cost. Ask your mover for                to issue a policy or other written record of
                                                                      the details and cost of its specific plan.                the purchase and to provide you with a copy
                                                                        Under the FVP level of liability, movers                of the policy or other document at the time
                                                                      are permitted to limit their liability for loss           of purchase. If the mover fails to comply
                                                                      of, or damage to, articles of extraordinary               with this requirement, the mover becomes
                                                                      value, unless you specifically list on the                fully liable for any claim for loss or damage
                                                                      shipping documents such articles for which                attributed to its negligence.
                                                                      you want liability coverage. An article of ex-
                                                                                                                                 WHAT ACTIONS BY ME LIMIT OR REDUCE MY
                                                                      traordinary value is any item whose value
                                                                                                                                      MOVER’S NORMAL LIABILITY?
                                                                      exceeds $100 per pound (for example, jewelry,
                                                                      silverware, china, furs, antiques, oriental                 Your actions may limit or reduce your
                                                                      rugs and computer software). Ask your                     mover’s normal liability under the following
                                                                      mover for a complete explanation of this                  three circumstances:
                                                                      limitation before your move. It is your re-                 (1) You include perishable, dangerous, or
cprice-sewell on PROD1PC63 with CFR




                                                                      sponsibility to study this provision carefully            hazardous materials in your household goods
                                                                      and to make the necessary declaration.                    without your mover’s knowledge.

                                                                                                                           117



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00127   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX    211213
                                                                      Pt. 375, App. A                                                        49 CFR Ch. III (10–1–07 Edition)
                                                                        (2) You choose the alternative level of li-              services (including any accessorial services
                                                                      ability (60 cents per pound per article) but               incidental to or part of interstate transpor-
                                                                      ship household goods valued at more than 60                tation). Your mover must require each of its
                                                                      cents per pound ($1.32 per kilogram) per arti-             agents to include the same information in its
                                                                      cle.                                                       advertisements. The information must in-
                                                                        (3) You fail to notify your mover in writing             clude the following two pieces of information
                                                                      of articles valued at more than $100 per                   about your mover:
                                                                      pound ($220 per kilogram). (If you do notify                 (1) Name or trade name of the mover under
                                                                      your mover, you will be entitled to full re-               whose U.S. DOT number the advertised serv-
                                                                      covery up to the declared value of the article             ice will originate.
                                                                      or articles, not to exceed the declared value                (2) U.S. DOT number assigned by FMCSA
                                                                      of the entire shipment.)                                   authorizing your mover to operate. Your
                                                                                                                                 mover must display the information as: U.S.
                                                                      WHAT ARE DANGEROUS OR HAZARDOUS MATE-                      DOT No. (assigned number).
                                                                       RIALS THAT MAY LIMIT OR REDUCE MY MOV-                      You should compare the name or trade
                                                                       ER’S NORMAL LIABILITY?                                    name of the mover and its U.S. DOT number
                                                                        Federal law forbids you to ship hazardous                to the name and U.S. DOT number on the
                                                                      materials in your household goods boxes or                 sides of the truck(s) that arrive at your resi-
                                                                      luggage without informing your mover. A                    dence. The names and numbers should be
                                                                      violation can result in 5 years’ imprisonment              identical. If the names and numbers are not
                                                                      and penalties of $250,000 or more (49 U.S.C.               identical, you should ask your mover imme-
                                                                      5124). You could also lose or damage your                  diately why they are not. You should not
                                                                      household goods by fire, explosion, or con-                allow the mover to load your household
                                                                      tamination.                                                goods on its truck(s) until you obtain a sat-
                                                                        If you offer hazardous materials to your                 isfactory response from the mover’s local
                                                                      mover, you are considered a hazardous mate-                agent. The discrepancies may warn of prob-
                                                                      rials shipper and must comply with the haz-                lems you will have later in your business
                                                                      ardous materials requirements in 49 CFR                    dealings with this mover.
                                                                      parts 171, 172, and 173, including but not lim-             HOW MUST MY MOVER HANDLE COMPLAINTS
                                                                      ited to package labeling and marking, ship-                            AND INQUIRIES?
                                                                      ping papers, and emergency response infor-
                                                                      mation. Your mover must comply with 49                       All movers are expected to respond
                                                                      CFR parts 171, 172, 173, and 177 as a hazardous            promptly to complaints or inquiries from
                                                                      materials carrier.                                         you, the customer. Should you have a com-
                                                                        Hazardous materials include explosives,                  plaint or question about your move, you
                                                                      compressed gases, flammable liquids and sol-               should first attempt to obtain a satisfactory
                                                                      ids, oxidizers, poisons, corrosives, and radio-            response from the mover’s local agent, the
                                                                      active materials. Examples: Nail polish re-                sales representative who handled the ar-
                                                                      mover, paints, paint thinners, lighter fluid,              rangements for your move, or the driver as-
                                                                      gasoline, fireworks, oxygen bottles, propane               signed to your shipment.
                                                                      cylinders, automotive repair and mainte-                     If for any reason you are unable to obtain
                                                                      nance chemicals, and radio-pharmaceuticals.                a satisfactory response from one of these
                                                                        There are special exceptions for small                   persons, you should then contact the mover’s
                                                                      quantities (up to 70 ounces total) of medic-               principal office. When you make such a call,
                                                                      inal and toilet articles carried in your house-            be sure to have available your copies of all
                                                                      hold goods and certain smoking materials                   documents relating to your move. Particu-
                                                                      carried on your person. For further informa-               larly important is the number assigned to your
                                                                      tion, contact your mover.                                  shipment by your mover.
                                                                                                                                   Interstate movers are also required to offer
                                                                                 MAY MY MOVER HAVE AGENTS?                       neutral arbitration as a means of resolving
                                                                                                                                 consumer disputes involving loss of or dam-
                                                                        Yes, your mover may have agents. If your                 age to your household goods shipment and
                                                                      mover has agents, your mover must have                     disputes regarding charges that your mover
                                                                      written agreements with its prime agents.                  billed in addition to those collected at deliv-
                                                                      Your mover and its retained prime agent                    ery. Your mover is required to provide you
                                                                      must sign their agreements. Copies of your                 with information regarding its arbitration
                                                                      mover’s prime agent agreements must be in                  program. You have the right to pursue court
                                                                      your mover’s files for a period of at least 24             action under 49 U.S.C. 14706 to seek judicial
                                                                      months following the date of termination of                redress directly rather than participate in
                                                                      each agreement.                                            your mover’s arbitration program.
                                                                                                                                   All interstate moving companies are re-
                                                                           WHAT ITEMS MUST BE IN MY MOVER’S
                                                                                                                                 quired to maintain a complaint and inquiry
                                                                                   ADVERTISEMENTS?
                                                                                                                                 procedure to assist their customers. At the
                                                                        Your mover must publish and use only                     time you make the arrangements for your
                                                                      truthful, straightforward, and honest adver-               move, you should ask the mover’s represent-
cprice-sewell on PROD1PC63 with CFR




                                                                      tisements. Your mover must include certain                 ative for a description of the mover’s proce-
                                                                      information in all advertisements for all                  dure, the telephone number to be used to

                                                                                                                            118



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007    Jkt 211213   PO 00000   Frm 00128   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                           Pt. 375, App. A
                                                                      contact the mover, and whether the mover                  special advantage because you live or work
                                                                      will pay for such telephone calls. Your mov-              in a place distant from the mover’s principal
                                                                      er’s procedure must include the following                 or other place of business.
                                                                      four things:                                                (2) Before your household goods are ten-
                                                                        (1) A communications system allowing you                dered for transport, your mover must pro-
                                                                      to communicate with your mover’s principal                vide notice to you of the availability of neu-
                                                                      place of business by telephone.                           tral arbitration, including the following
                                                                        (2) A telephone number.                                 three things:
                                                                        (3) A clear and concise statement about                   (a) A summary of the arbitration proce-
                                                                      who must pay for complaint and inquiry                    dure.
                                                                      telephone calls.                                            (b) Any applicable costs.
                                                                        (4) A written or electronic record system                 (c) A disclosure of the legal effects of elect-
                                                                      for recording all inquiries and complaints re-            ing to use arbitration.
                                                                      ceived from you by any means of commu-                      (3) Upon your request, your mover must
                                                                      nication.                                                 provide information and forms it considers
                                                                        Your mover must give you a clear and con-               necessary for initiating an action to resolve
                                                                      cise written description of its procedure. You            a dispute under arbitration.
                                                                      may want to be certain that the system is in                (4) Each person authorized to arbitrate
                                                                      place.                                                    must be independent of the parties to the
                                                                                                                                dispute and capable of resolving such dis-
                                                                      DO I HAVE THE RIGHT TO INSPECT MY MOVER’S                 putes fairly and expeditiously. Your mover
                                                                       TARIFFS (SCHEDULES OF CHARGES) APPLICA-                  must ensure the arbitrator is authorized and
                                                                       BLE TO MY MOVE?                                          able to obtain from you or your mover any
                                                                                                                                material or relevant information to carry
                                                                        Federal law requires your mover to advise
                                                                                                                                out a fair and expeditious decision-making
                                                                      you of your right to inspect your mover’s
                                                                                                                                process.
                                                                      tariffs (its schedules of rates or charges) gov-            (5) You must not be required to pay more
                                                                      erning your shipment. Movers’ tariffs are                 than one-half of the arbitration’s cost. The
                                                                      made a part of the contract of carriage (bill             arbitrator may determine the percentage of
                                                                      of lading) between you and the mover. You                 payment of the costs for each party in the
                                                                      may inspect the tariff at the mover’s facil-              arbitration decision, but must not make you
                                                                      ity, or, upon request, the mover will furnish             pay more than half.
                                                                      you a free copy of any tariff provision con-                (6) Your mover must not require you to
                                                                      taining the mover’s rates, rules, or charges              agree to use arbitration before a dispute
                                                                      governing your shipment.                                  arises.
                                                                        Tariffs may include provisions limiting the               (7) You and your mover will be bound by
                                                                      mover’s liability. This is generally described            arbitration for claims of $10,000 or less if you
                                                                      in a section on declaring value on the bill of            request arbitration.
                                                                      lading. A second tariff provision may set the               (8) You and your mover will be bound by
                                                                      periods for filing claims. This is generally              arbitration for claims of more than $10,000
                                                                      described in Section 6 on the reverse side of             only if you request arbitration and your
                                                                      a bill of lading. A third tariff provision may            mover agrees to it.
                                                                      reserve your mover’s right to assess addi-                  (9) If you and your mover both agree, the
                                                                      tional charges for additional services per-               arbitrator may provide for an oral presen-
                                                                      formed. For non-binding estimates, another                tation of a dispute by a party or representa-
                                                                      tariff provision may base charges upon the                tive of a party.
                                                                      exact weight of the goods transported. Your                 (10) The arbitrator must render a decision
                                                                      mover’s tariff may contain other provisions               within 60 days of receipt of written notifica-
                                                                      that apply to your move. Ask your mover                   tion of the dispute, and a decision by an arbi-
                                                                      what they might be, and request a copy.                   trator may include any remedies appropriate
                                                                                                                                under the circumstances.
                                                                         MUST MY MOVER HAVE AN ARBITRATION                        (11) The 60-day period may be extended for
                                                                                    PROGRAM?                                    a reasonable period if either you or your
                                                                        Your mover must have an arbitration pro-                mover fails to provide information in a time-
                                                                      gram for your use in resolving disputes con-              ly manner. Your mover must produce and
                                                                      cerning loss of or damage to your household               distribute a concise, easy-to-read, accurate
                                                                      goods and disputes regarding charges that                 summary of its arbitration program.
                                                                      were billed to you in addition to those col-
                                                                                                                                MUST MY MOVER INFORM ME ABOUT MY
                                                                      lected at delivery of your shipment. You
                                                                                                                                 RIGHTS AND RESPONSIBILITIES UNDER FED-
                                                                      have the right not to participate in the arbi-
                                                                                                                                 ERAL LAW?
                                                                      tration program. You may pursue court ac-
                                                                      tion under 49 U.S.C. 14706 to seek judicial                 Yes, your mover must inform you about
                                                                      remedies directly. Your mover must estab-                 your rights and responsibilities under Fed-
                                                                      lish and maintain an arbitration program                  eral law. Your mover must produce and dis-
                                                                      with the following 11 minimum elements:                   tribute this document. It should follow the
cprice-sewell on PROD1PC63 with CFR




                                                                        (1) The arbitration program offered to you              general order and contain the text of appen-
                                                                      must prevent your mover from having any                   dix A to 49 CFR part 375.

                                                                                                                           119



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00129   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX    211213
                                                                      Pt. 375, App. A                                                       49 CFR Ch. III (10–1–07 Edition)
                                                                       WHAT OTHER INFORMATION MUST MY MOVER                       (16) Transfer points where shipments
                                                                                    PROVIDE ME?                                 moved.
                                                                                                                                  (17) Address where you must pay or address
                                                                        At the time your mover provides a written
                                                                                                                                of bill issuer’s principal place of business.
                                                                      estimate, it must provide you with a copy of
                                                                                                                                  Your mover must present its freight or ex-
                                                                      the U.S. Department of Transportation pub-
                                                                                                                                pense bill to you within 15 days of the date
                                                                      lication FMCSA–ESA–03–005 entitled ‘‘Ready
                                                                                                                                of delivery of a shipment at its destination.
                                                                      to Move?’’ (or its successor publication). Be-
                                                                                                                                The computation of time excludes Satur-
                                                                      fore your mover executes an order for service
                                                                                                                                days, Sundays, and Federal holidays. If your
                                                                      for a shipment of household goods, your
                                                                                                                                mover lacks sufficient information to com-
                                                                      mover must furnish you with the following
                                                                                                                                pute its charges, your mover must present
                                                                      four documents:
                                                                                                                                its freight bill for payment within 15 days of
                                                                        1. The contents of Appendix A, ’’Your
                                                                                                                                the date when sufficient information does
                                                                      Rights and Responsibilities When You
                                                                                                                                become available.
                                                                      Move’’—this booklet.
                                                                        2. A concise, easy-to-read, and accurate                   MAY MY MOVER COLLECT CHARGES UPON
                                                                      summary of your mover’s arbitration pro-                                DELIVERY?
                                                                      gram.
                                                                        3. A notice of availability of the applicable             Yes. Your mover must specify the form of
                                                                      sections of your mover’s tariff for the esti-             payment acceptable at delivery when the
                                                                      mate of charges, including an explanation                 mover prepares an estimate and order for
                                                                      that you may examine the tariff sections or               service. The mover and its agents must
                                                                      have copies sent to you upon request.                     honor the form of payment at delivery, ex-
                                                                        4. A concise, easy-to-read, accurate sum-               cept when you mutually agree to a change in
                                                                      mary of your mover’s customer complaint                   writing. The mover must also specify the
                                                                      and inquiry handling procedures. Included in              same form of payment when it prepares your
                                                                      this summary must be the following two                    bill of lading, unless you agree to a change.
                                                                      items:                                                    See also ‘‘May my mover accept charge or
                                                                        (a) The main telephone number you may                   credit cards for my payments?’’
                                                                      use to communicate with your mover.                         You must be prepared to pay 10 percent
                                                                        (b) A clear and concise statement con-                  more than the estimated amount, if your
                                                                      cerning who must pay for telephone calls.                 goods are moving under a non-binding esti-
                                                                        Your mover may, at its discretion, provide              mate. Every collect-on-delivery shipper must
                                                                      additional information to you.                            have available 110 percent of the estimate at
                                                                                                                                the time of delivery. In addition, your mover
                                                                        HOW MUST MY MOVER COLLECT CHARGES?                      may also collect at the time of delivery the
                                                                        Your mover must issue you an honest,                    charges for any additional services you re-
                                                                      truthful freight or expense bill for each ship-           quested after the contract with your mover
                                                                      ment transported. Your mover’s freight or                 was executed (charges therefore not included
                                                                      expense bill must contain the following 17                in the estimate) and any charges for imprac-
                                                                      items:                                                    ticable operations needed to accomplish de-
                                                                        (1) Name of the consignor.                              livery, as defined by the carrier’s tariff.
                                                                        (2) Name of the consignees.                             Charges collected at the time of delivery for
                                                                        (3) Date of the shipment.                               impracticable operations must not exceed 15
                                                                        (4) Origin point.                                       percent of all other charges due at the time
                                                                        (5) Destination points.                                 of delivery. You must pay all remaining
                                                                        (6) Number of packages.                                 charges for impracticable operations within
                                                                        (7) Description of the freight.                         30 days after you receive the mover’s freight
                                                                        (8) Weight of the freight (if your shipment             bill.
                                                                      is moved under a non-binding estimate).
                                                                                                                                   MAY MY MOVER EXTEND CREDIT TO ME?
                                                                        (9) Exact rate(s) assessed.
                                                                        (10) Disclosure of the actual rates, charges,             Extending credit to you is not the same as
                                                                      and allowances for the transportation serv-               accepting your charge or credit card(s) as
                                                                      ice, when your mover electronically presents              payment. Your mover may extend credit to
                                                                      or transmits freight or expense bills to you.             you in the amount of the tariff charges. If
                                                                      These rates must be in accordance with the                your mover extends credit to you, your
                                                                      mover’s applicable tariff.                                mover becomes like a bank offering you a
                                                                        (11) An indication of whether adjustments               line of credit, whose size and interest rate
                                                                      may apply to the bill.                                    are determined by your ability to pay its
                                                                        (12) Total charges due and acceptable                   tariff charges within the credit period. Your
                                                                      methods of payment.                                       mover must ensure you will pay its tariff
                                                                        (13) The nature and amount of any special               charges within the credit period. Your mover
                                                                      service charges.                                          may relinquish possession of freight before
                                                                        (14) The points where special services were             you pay its tariff charges, at its discretion.
                                                                                                                                  The credit period must begin on the day
cprice-sewell on PROD1PC63 with CFR




                                                                      rendered.
                                                                        (15) Route of movement and name of each                 following presentation of your mover’s
                                                                      mover participating in the transportation.                freight bill to you. Under Federal regulation,

                                                                                                                           120



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00130   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                           Pt. 375, App. A
                                                                      the standard credit period is 7 days, exclud-             cial service, you should have a clear under-
                                                                      ing Saturdays, Sundays, and Federal holi-                 standing with your mover of what the addi-
                                                                      days. Your mover must also extend the cred-               tional cost will be. You should always con-
                                                                      it period to a total of 30 calendar days if the           sider whether other movers might provide
                                                                      freight bill is not paid within the 7-day pe-             the services you need without requiring you
                                                                      riod. A service charge equal to one percent of            to pay the additional charges.
                                                                      the amount of the freight bill, subject to a                One service option is a space reservation. If
                                                                      $20 minimum, will be assessed for this exten-             you agree to have your shipment transported
                                                                      sion and for each additional 30-day period                under a space reservation agreement, you
                                                                      the charges go unpaid.                                    will pay for a minimum number of cubic feet
                                                                        Your failure to pay within the credit pe-               of space in the moving van regardless of how
                                                                      riod will require your mover to determine                 much space in the van your shipment actu-
                                                                      whether you will comply with the Federal                  ally occupies.
                                                                      household goods transportation credit regu-                 A second option is expedited service. This
                                                                      lations in good faith in the future before ex-            aids you if you must have your shipments
                                                                      tending credit again.                                     transported on or between specific dates
                                                                                                                                when the mover could not ordinarily agree
                                                                       MAY MY MOVER ACCEPT CHARGE OR CREDIT
                                                                                                                                to do so in its normal operations.
                                                                             CARDS FOR MY PAYMENTS?
                                                                                                                                  A third customary service option is exclu-
                                                                        Your mover may allow you to use a charge                sive use of a vehicle. If for any reason you
                                                                      or credit card for payment of the freight                 desire or require that your shipment be
                                                                      charges. Your mover may accept charge or                  moved by itself on the mover’s truck or
                                                                      credit cards whenever you ship with it under              trailer, most movers will provide such serv-
                                                                      an agreement and tariff requiring payment                 ice.
                                                                      by cash or cash equivalents. Cash equiva-                   Another service option is guaranteed service
                                                                      lents are a certified check, money order, or              on or between agreed dates. You enter into an
                                                                      cashier’s check (a check that a financial in-             agreement with the mover where the mover
                                                                      stitution—bank, credit union, savings and                 provides for your shipment to be picked up,
                                                                      loan—draws upon itself and that is signed by              transported to destination, and delivered on
                                                                      an officer of the financial institution).                 specific guaranteed dates. If the mover fails
                                                                        If your mover allows you to pay for a                   to provide the service as agreed, you are en-
                                                                      freight or expense bill by charge or credit               titled to be compensated at a predetermined
                                                                      card, your mover deems such a payment to                  amount or a daily rate (per diem) regardless
                                                                      be equivalent to payment by cash, certified               of the expense you might actually have in-
                                                                      check, or cashier’s check. It must note in                curred as a result of the mover’s failure to
                                                                      writing on the order for service and the bill             perform.
                                                                      of lading whether you may pay for the trans-                Before requesting or agreeing to any of
                                                                      portation and related services using a charge             these price and service options, be sure to
                                                                      or credit card. You should ask your mover at              ask the mover’s representatives about the
                                                                      the time the estimate is written whether it               final costs you will pay.
                                                                      will accept charge or credit cards at deliv-
                                                                      ery.                                                          Transport of Shipments on Two or More
                                                                        The mover must specify what charge or                                      Vehicles
                                                                      credit cards it will accept, such as American
                                                                      ExpressTM, DiscoverTM, MasterCard TM, or                    Although all movers try to move each
                                                                      VisaTM. If your mover agrees to accept pay-               shipment on one truck, it becomes nec-
                                                                      ment by charge or credit card, you must ar-               essary, at times, to divide a shipment among
                                                                      range with your mover for the delivery only               two or more trucks. This may occur if your
                                                                      at a time when your mover can obtain au-                  mover has underestimated the cubic feet
                                                                      thorization for your credit card transaction.             (meters) of space required for your shipment
                                                                      If you cause a charge or credit card issuer to            and it will not all fit on the first truck. Your
                                                                      reverse a transaction, your mover may con-                mover will pick up the remainder, or ‘‘leave
                                                                      sider your action tantamount to forcing                   behind,’’ on a second truck at a later time,
                                                                      your mover to provide an involuntary exten-               and this part of your shipment may arrive at
                                                                      sion of its credit.                                       the destination later than the first truck.
                                                                                                                                When this occurs, your transportation
                                                                         SUBPART C—SERVICE OPTIONS PROVIDED                     charges will be determined as if the entire
                                                                                                                                shipment had moved on one truck.
                                                                         WHAT SERVICE OPTIONS MAY MY MOVER                        If it is important for you to avoid this in-
                                                                                      PROVIDE?                                  convenience of a ‘‘leave behind,’’ be sure
                                                                        Your mover may provide any service op-                  your estimate includes an accurate calcula-
                                                                      tions it chooses. It is customary for movers              tion of the cubic feet (meters) required for
                                                                      to offer several price and service options.               your shipment. Ask your estimator to use a
                                                                        The total cost of your move may increase                ‘‘Table of Measurements’’ form in making
                                                                      if you want additional or special services.               this calculation. Consider asking for a bind-
cprice-sewell on PROD1PC63 with CFR




                                                                      Before you agree to have your shipment                    ing estimate. A binding estimate is more
                                                                      moved under a bill of lading providing spe-               likely to be conservative with regard to

                                                                                                                           121



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00131   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX    211213
                                                                      Pt. 375, App. A                                                       49 CFR Ch. III (10–1–07 Edition)
                                                                      cubic feet (meters) than a non-binding esti-                If the location you are moving from is
                                                                      mate. If the mover offers space reservation               within a 50-mile radius of your mover’s (or
                                                                      service, consider purchasing this service for             its agent’s) place of business, the estimate
                                                                      the necessary amount of space plus some                   that your mover provides you must be based
                                                                      margin for error. In any case, you would be               on a physical survey of your goods. You have
                                                                      prudent to ‘‘prioritize’’ your goods in ad-               the right to waive the requirement for a
                                                                      vance of the move so the driver will load the             physical survey if you choose, but your waiv-
                                                                      more essential items on the first truck if                er must be in the form of a written agree-
                                                                      some are left behind.                                     ment signed by you before your shipment is
                                                                                                                                loaded.
                                                                        IF MY MOVER SELLS LIABILITY INSURANCE                     You should be aware that if you receive an
                                                                         COVERAGE, WHAT MUST MY MOVER DO?                       estimate from a household goods broker, the
                                                                        If your mover provides the service of sell-             mover may not be required to accept the es-
                                                                                                                                timate. Be sure to obtain a written estimate
                                                                      ing additional liability insurance, your
                                                                                                                                from a mover who tells you orally that it
                                                                      mover must follow certain regulations.
                                                                                                                                will accept the broker’s estimate.
                                                                        Your mover, its employees, or its agents
                                                                                                                                  Your mover must specify the form of pay-
                                                                      may sell, offer to sell, or procure additional
                                                                                                                                ment the mover and its delivering agent will
                                                                      liability insurance coverage for you for loss
                                                                                                                                honor at delivery. Payment forms may in-
                                                                      of or damage to your shipment if you release
                                                                                                                                clude but are not limited to cash, certified
                                                                      the shipment for transportation at a value
                                                                                                                                check, money order, cashier’s check, a spe-
                                                                      not exceeding 60 cents per pound ($1.32 per               cific charge card such as American Ex-
                                                                      kilogram) per article.                                    pressTM, a specific credit card such as VisaTM,
                                                                        Your mover may offer, sell, or procure any              and your mover’s own credit.
                                                                      type of insurance policy covering loss or                   Before loading your household goods, and
                                                                      damage in excess of its specified liability.              upon mutual agreement between you and
                                                                        Your mover must issue you a policy or                   your mover, your mover may amend an esti-
                                                                      other appropriate evidence of the insurance               mate of charges. Your mover may not amend
                                                                      you purchased. Your mover must provide a                  the estimate after loading the shipment.
                                                                      copy of the policy or other appropriate evi-                A binding estimate is a written agreement
                                                                      dence to you at the time your mover sells or              made in advance with your mover, indicating
                                                                      procures the insurance. Your mover must                   you and the mover are bound by the charges.
                                                                      issue policies written in plain English.                  It guarantees the total cost of the move
                                                                        Your mover must clearly specify the na-                 based upon the quantities and services shown
                                                                      ture and extent of coverage under the policy.             on your mover’s estimate.
                                                                      Your mover’s failure to issue you a policy, or              A non-binding estimate is what your mover
                                                                      other appropriate evidence of insurance you               believes the total cost will be for the move,
                                                                      purchased, will subject your mover to full li-            based upon the estimated weight of the ship-
                                                                      ability for any claims to recover loss or dam-            ment and the accessorial services requested.
                                                                      age attributed to it.                                     A non-binding estimate is not binding on
                                                                        Your mover’s tariff must provide for liabil-            your mover. Your mover will base the final
                                                                      ity insurance coverage. The tariff must also              charges upon the actual weight of your ship-
                                                                      provide for the base transportation charge,               ment, the services provided, and its tariff
                                                                      including its assumption of full liability for            provisions in effect. You must be prepared to
                                                                      the value of the shipment. This would offer               pay 10 percent more than the estimated
                                                                      you a degree of protection in the event your              amount at delivery.
                                                                      mover fails to issue you a policy or other ap-              You must also be prepared to pay at deliv-
                                                                      propriate evidence of insurance at the time               ery the charges for any additional services
                                                                      of purchase.                                              you requested after the contract was exe-
                                                                                                                                cuted (charges therefore not included in the
                                                                            SUBPART D—ESTIMATING CHARGES                        estimate) and any charges for impracticable
                                                                      MUST MY MOVER ESTIMATE THE TRANSPOR-                      operations. Impracticable operations are de-
                                                                       TATION AND ACCESSORIAL CHARGES FOR MY
                                                                                                                                fined in your mover’s tariff. You should ask
                                                                       MOVE?                                                    to see the mover’s tariff to determine what
                                                                                                                                services constitute impracticable operations.
                                                                        We require your mover to prepare a writ-                Charges for impracticable operations due at
                                                                      ten estimate on every shipment transported                delivery must not exceed 15 percent of all
                                                                      for you. You are entitled to a copy of the                other charges due at delivery.
                                                                      written estimate when your mover prepares
                                                                      it. Your mover must provide you a written                   HOW MUST MY MOVER ESTIMATE CHARGES
                                                                      estimate of all charges, including transpor-                      UNDER THE REGULATIONS?
                                                                      tation, accessorial, and advance charges.
                                                                                                                                                Binding Estimates
                                                                      Your mover’s ‘‘rate quote’’ is not an esti-
                                                                      mate. You and your mover must sign the es-                  Your mover may charge you for providing
                                                                      timate of charges. Your mover must provide                a binding estimate. The binding estimate
cprice-sewell on PROD1PC63 with CFR




                                                                      you with a dated copy of the estimate of                  must clearly describe the shipment and all
                                                                      charges at the time you sign the estimate.                services provided.

                                                                                                                           122



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00132   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                           Pt. 375, App. A
                                                                        When you receive a binding estimate, you                the original estimate as a non-binding esti-
                                                                      cannot be required to pay any more than the               mate signifies it has reaffirmed the original
                                                                      estimated amount at delivery. If you have                 binding estimate. Your mover may not col-
                                                                      requested the mover provide more services                 lect more than the amount of the original
                                                                      than those included in the estimate, your                 binding estimate, except as provided in the
                                                                      mover will collect the charges for those serv-            next two paragraphs.
                                                                      ices when your shipment is delivered. How-                  (6) If you request additional services after
                                                                      ever, charges for impracticable operations                the bill of lading is executed, your mover
                                                                      due at delivery must not exceed 15 percent of             will collect the charges for these additional
                                                                      all other charges due at delivery.                        services when your shipment is delivered.
                                                                        A binding estimate must be in writing, and                (7) If your mover must perform impracti-
                                                                      a copy must be made available to you before               cable operations, as defined in its tariff, to
                                                                      you move.                                                 accomplish the delivery of your shipment,
                                                                        If you agree to a binding estimate, you are             your mover will collect the charges for these
                                                                      responsible for paying the charges due by                 services when your shipment is delivered.
                                                                      cash, certified check, money order, or cash-              However, charges for impracticable oper-
                                                                      ier’s check. The charges are due your mover               ations collected at delivery must not exceed
                                                                      at the time of delivery unless your mover                 15 percent of all other charges due at deliv-
                                                                      agrees, before you move, to extend credit or              ery. Any remaining impracticable operations
                                                                      to accept payment by a specific charge card               charges must be paid within 30 days after
                                                                      such as American ExpressTM or a specific                  you receive the mover’s freight bill.
                                                                      credit card such as VisaTM. If you are unable               (8) Failure of your mover to relinquish pos-
                                                                      to pay at the time the shipment is delivered,             session of a shipment upon your offer to pay
                                                                      the mover may place your shipment in stor-                the binding estimate amount plus the cost of
                                                                      age at your expense until you pay the                     any additional services you requested after
                                                                      charges.                                                  the bill of lading was executed and any
                                                                        Other requirements of binding estimates                 charges for impracticable operations (not to
                                                                      include the following eight elements:                     exceed 15 percent of all other charges due at
                                                                        (1) Your mover must retain a copy of each               delivery) constitutes your mover’s failure to
                                                                      binding estimate as an attachment to the                  transport a shipment with ‘‘reasonable dis-
                                                                      bill of lading.                                           patch’’ and subjects your mover to cargo
                                                                        (2) Your mover must clearly indicate upon               delay claims pursuant to 49 CFR part 370.
                                                                      each binding estimate’s face that the esti-
                                                                      mate is binding upon you and your mover.                                Non-Binding Estimates
                                                                      Each binding estimate must also clearly in-                 Your mover is not permitted to charge you
                                                                      dicate on its face that the charges shown are             for giving a non-binding estimate.
                                                                      the charges to be assessed for only those                   A non-binding estimate is not a bid or con-
                                                                      services specifically identified in the esti-             tract. Your mover provides it to you to give
                                                                      mate.                                                     you a general idea of the cost of the move,
                                                                        (3) Your mover must clearly describe bind-              but it does not bind your mover to the esti-
                                                                      ing estimate shipments and all services to be             mated cost. You should expect the final cost
                                                                      provided.                                                 to be more than the estimate. The actual
                                                                        (4) If, before loading your shipment, your              cost will be in accordance with your mover’s
                                                                      mover believes you are tendering additional               tariffs. Federal law requires your mover to
                                                                      household goods or are requiring additional               collect the charges shown in its tariffs, re-
                                                                      services not identified in the binding esti-              gardless of what your mover writes in its
                                                                      mate, and you and your mover cannot reach                 non-binding estimates. That is why it is im-
                                                                      an agreement, your mover may refuse to                    portant to ask for copies of the applicable
                                                                      service the shipment. If your mover agrees                portions of the mover’s tariffs before decid-
                                                                      to service the shipment, your mover must do               ing on a mover. The charges contained in
                                                                      one of the following three things:                        movers’ tariffs are essentially the same for
                                                                        (a) Reaffirm the binding estimate.                      shipments of equal weight moving equal dis-
                                                                        (b) Negotiate a revised written binding es-             tances. Even if you obtain different non-
                                                                      timate listing the additional household                   binding estimates from different movers, you
                                                                      goods or services.                                        must pay only the amount specified in your
                                                                        (c) Add an attachment to the contract, in               mover’s tariff. Therefore, a non-binding esti-
                                                                      writing, stating you both will consider the               mate may differ substantially from the
                                                                      original binding estimate as a non-binding                amount that you ultimately will pay.
                                                                      estimate. Before you agree to this option,                  You must be prepared to pay 10 percent
                                                                      read the information about non-binding esti-              more than the estimated amount at the time
                                                                      mates in the next section of this pamphlet.               of delivery. Every collect-on-delivery shipper
                                                                      Accepting a non-binding estimate may seri-                must have available 110 percent of the esti-
                                                                      ously affect how much you may pay for the                 mate at the time of delivery. If you order ad-
                                                                      entire move.                                              ditional services from your mover after the
                                                                        (5) Once your mover loads your shipment,                mover issues the bill of lading, the mover
cprice-sewell on PROD1PC63 with CFR




                                                                      your mover’s failure to execute a new bind-               will collect the charges for those additional
                                                                      ing estimate or to agree with you to treat                services when your shipment is delivered.

                                                                                                                           123



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00133   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX    211213
                                                                      Pt. 375, App. A                                                       49 CFR Ch. III (10–1–07 Edition)
                                                                        Non-binding estimates must be in writing                services when your shipment is delivered.
                                                                      and clearly describe the shipment and all                 However, charges for impracticable oper-
                                                                      services provided. Any time a mover pro-                  ations collected at delivery must not exceed
                                                                      vides such an estimate, the amount of the                 15 percent of all other charges due at deliv-
                                                                      charges estimated must be on the order for                ery. Any remaining impracticable operations
                                                                      service and bill of lading related to your                charges must be paid within 30 days after
                                                                      shipment. When you are given a non-binding                you receive the mover’s freight bill.
                                                                      estimate, do not sign or accept the order for               If your mover furnishes a non-binding esti-
                                                                      service or bill of lading unless the mover en-            mate, your mover must enter the estimated
                                                                      ters the amount estimated on each form it                 charges upon the order for service and the
                                                                      prepares.                                                 bill of lading. Your mover must retain a
                                                                        Other requirements of non-binding esti-                 record of all estimates of charges for each
                                                                      mates include the following 10 elements:                  move performed for at least one year from
                                                                        (1) Your mover must provide reasonably                  the date your mover made the estimate.
                                                                      accurate non-binding estimates based upon
                                                                      the estimated weight of the shipment and                  WHAT PAYMENT ARRANGEMENTS MUST MY
                                                                      services required.                                         MOVER HAVE IN PLACE TO SECURE DELIV-
                                                                        (2) Your mover must explain to you that                  ERY OF MY HOUSEHOLD GOODS SHIPMENT?
                                                                      all charges on shipments moved under non-                   If your total bill is 110 percent or less of
                                                                      binding estimates will be those appearing in              the non-binding estimate, the mover can re-
                                                                      your mover’s tariffs applicable to the trans-             quire payment in full upon delivery. If the
                                                                      portation. If your mover provides a non-bind-             bill exceeds 110 percent of the non-binding
                                                                      ing estimate of approximate costs, your                   estimate, your mover must relinquish pos-
                                                                      mover is not bound by such an estimate.                   session of the shipment at the time of deliv-
                                                                        (3) Your mover must furnish non-binding                 ery upon payment of 110 percent of the esti-
                                                                      estimates without charge and in writing to                mated amount, and defer billing for the re-
                                                                      you.                                                      maining charges for at least 30 days.
                                                                        (4) Your mover must retain a copy of each                 There are two exceptions to this require-
                                                                      non-binding estimate as an attachment to                  ment. Your mover may demand at the time
                                                                      the bill of lading.                                       of delivery payment of the charges for any
                                                                        (5) Your mover must clearly indicate on                 additional services you requested after the
                                                                      the face of a non-binding estimate that the               bill of lading was executed (charges therefore
                                                                      estimate is not binding upon your mover and               not included in the estimate). Your mover
                                                                      the charges shown are the approximate                     may also require you to pay charges for im-
                                                                      charges to be assessed for the services identi-           practicable operations at the time of deliv-
                                                                      fied in the estimate.                                     ery, provided these do not exceed 15 percent
                                                                        (6) Your mover must clearly describe on                 of all other charges due at delivery. Imprac-
                                                                      the face of a non-binding estimate the entire             ticable operations charges that exceed 15
                                                                      shipment and all services to be provided.                 percent of all other charges due at delivery
                                                                        (7) If, before loading your shipment, your              are due within 30 days after you receive the
                                                                      mover believes you are tendering additional               mover’s freight bill. Your mover should have
                                                                      household goods or requiring additional serv-             specified its acceptable form of payment on
                                                                      ices not identified in the non-binding esti-              the estimate, order for service, and bill of
                                                                      mate, and you and your mover cannot reach                 lading.
                                                                      an agreement, your mover may refuse to                      Your mover’s failure to relinquish posses-
                                                                      service the shipment. If your mover agrees                sion of a shipment after you offer to pay 110
                                                                      to service the shipment, your mover must do               percent of the estimated charges, plus the
                                                                      one of the following two things:                          charges for any additional services you re-
                                                                        (a) Reaffirm the non-binding estimate.                  quested after the bill of lading was executed
                                                                        (b) Negotiate a revised written non-binding             (charges therefore not included in the esti-
                                                                      estimate listing the additional household                 mate) and any charges for impracticable op-
                                                                      goods or services.                                        erations (not to exceed 15 percent of all other
                                                                        (8) Once your mover loads your shipment,                charges due at delivery), constitutes its fail-
                                                                      your mover’s failure to execute a new esti-               ure to transport the shipment with ‘‘reason-
                                                                      mate signifies it has reaffirmed the original             able dispatch’’ and subjects your mover to
                                                                      non-binding estimate. Your mover may not                  your cargo delay claims under 49 CFR part
                                                                      collect more than 110 percent of the amount               370.
                                                                      of this estimate at destination for the serv-
                                                                      ices and quantities shown on the estimate.                   SUBPART E—PICKUP OF MY SHIPMENT OF
                                                                        (9) If you request additional services after                        HOUSEHOLD GOODS
                                                                      the bill of lading is executed, your mover
                                                                                                                                  MUST MY MOVER WRITE UP AN ORDER FOR
                                                                      will collect the charges for these additional
                                                                                                                                               SERVICE?
                                                                      services when your shipment is delivered.
                                                                        (10) If your mover must perform impracti-                 We require your mover to prepare an order
                                                                      cable operations, as defined in its tariff, to
cprice-sewell on PROD1PC63 with CFR




                                                                                                                                for service on every shipment transported for
                                                                      accomplish the delivery of your shipment,                 you. You are entitled to a copy of the order
                                                                      your mover will collect the charges for these             for service when your mover prepares it.

                                                                                                                           124



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00134   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                           Pt. 375, App. A
                                                                        The order for service is not a contract.                  (13) For non-binding estimated charges,
                                                                      Should you cancel or delay your move or de-               your mover’s reasonably accurate estimate
                                                                      cide not to use the mover, you should                     of the amount of the charges, the method of
                                                                      promptly cancel the order.                                payment of total charges, and the maximum
                                                                        If you or your mover change any agreed-                 amount (110 percent of the non-binding esti-
                                                                      upon dates for pickup or delivery of your                 mate) your mover will demand at the time of
                                                                      shipment, or agree to any change in the non-              delivery for you to obtain possession of the
                                                                      binding estimate, your mover may prepare a                shipment.
                                                                      written change to the order for service. The                (14) For binding estimated charges, the
                                                                      written change must be attached to the                    amount of charges your mover will demand
                                                                      order for service.                                        based upon the binding estimate and the
                                                                        The order for service must contain the fol-             terms of payment under the estimate.
                                                                      lowing 15 elements:                                         (15) An indication of whether you request
                                                                        (1) Your mover’s name and address and the               notification of the charges before delivery.
                                                                      U.S. DOT number assigned to your mover.                   You must provide your mover with the tele-
                                                                        (2) Your name, address and, if available,               phone number(s) or address(es) where your
                                                                      telephone number(s).                                      mover will transmit such communications.
                                                                        (3) The name, address, and telephone num-                 You and your mover must sign the order
                                                                      ber of the delivering mover’s office or agent             for service. Your mover must provide a dated
                                                                      at or nearest to the destination of your ship-            copy of the order for service to you at the
                                                                      ment.                                                     time your mover signs the order. Your mover
                                                                                                                                must provide you the opportunity to rescind
                                                                        (4) A telephone number where you may
                                                                                                                                the order for service without any penalty for
                                                                      contact your mover or its designated agent.
                                                                                                                                a 3-day period after you sign the order for
                                                                        (5) One of the following three dates and
                                                                                                                                service, if you scheduled the shipment to be
                                                                      times:
                                                                                                                                loaded more than 3 days after you sign the
                                                                        (i) The agreed-upon pickup date and agreed
                                                                                                                                order.
                                                                      delivery date of your move.                                 Your mover should provide you with docu-
                                                                        (ii) The agreed-upon period(s) of the entire            ments that are as complete as possible, and
                                                                      move.                                                     with all charges clearly identified. However,
                                                                        (iii) If your mover is transporting the ship-           as a practical matter, your mover usually
                                                                      ment on a guaranteed service basis, the                   cannot give you a complete bill of lading be-
                                                                      guaranteed dates or periods of time for pick-             fore transporting your goods. This is both
                                                                      up, transportation, and delivery. Your mover              because the shipment cannot be weighed
                                                                      must enter any penalty or per diem require-               until it is in transit and because other
                                                                      ments upon the agreement under this item.                 charges for service, such as unpacking, stor-
                                                                        (6) The names and addresses of any other                age-in-transit,    and   various   destination
                                                                      motor carriers, when known, that will par-                charges, cannot be determined until the
                                                                      ticipate in interline transportation of the               shipment reaches its destination.
                                                                      shipment.                                                   Therefore, your mover can require you to
                                                                        (7) The form of payment your mover will                 sign a partially complete bill of lading if it
                                                                      honor at delivery. The payment information                contains all relevant information except the
                                                                      must be the same as was entered on the esti-              actual shipment weight and any other infor-
                                                                      mate.                                                     mation necessary to determine the final
                                                                        (8) The terms and conditions for payment                charges for all services provided. Signing the
                                                                      of the total charges, including notice of any             bill of lading allows you to choose the valu-
                                                                      minimum charges.                                          ation option, request special services, and/or
                                                                        (9) The maximum amount your mover will                  acknowledge the terms and conditions of re-
                                                                      demand, based on the mover’s estimate, for                leased valuation.
                                                                      you to obtain possession of the shipment at                 Your mover also may provide you, strictly
                                                                      the time of delivery, when the household                  for informational purposes, with blank or in-
                                                                      goods are transported on a collect-on-deliv-              complete documents pertaining to the move.
                                                                      ery basis.                                                Before loading your shipment, and upon mu-
                                                                        (10) If not provided in the Bill of Lading,             tual agreement between you and your mover,
                                                                      the Surface Transportation Board’s required               your mover may amend an order for service.
                                                                      released rates valuation statement, and the               Your mover must retain records of an order
                                                                      charges, if any, for optional valuation cov-              for service it transported for at least one
                                                                      erage. The STB’s required released rates may              year from the date your mover wrote the
                                                                      be increased annually by your mover based                 order.
                                                                      on the U.S. Department of Commerce’s Cost                   Your mover must inform you, before or at
                                                                      of Living Adjustment.                                     the time of loading, if the mover reasonably
                                                                        (11) A complete description of any special              expects a special or accessorial service is
                                                                      or accessorial services ordered and minimum               necessary to transport a shipment safely.
                                                                      weight or volume charges applicable to the                Your mover must refuse to accept the ship-
                                                                      shipment.                                                 ment when your mover reasonably expects a
cprice-sewell on PROD1PC63 with CFR




                                                                        (12) Any identification or registration                 special or accessorial service is necessary to
                                                                      number your mover assigns to the shipment.                transport a shipment safely but you refuse

                                                                                                                           125



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00135   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX    211213
                                                                      Pt. 375, App. A                                                       49 CFR Ch. III (10–1–07 Edition)
                                                                      to purchase the special or accessorial serv-                (1) Your mover’s name and address, or the
                                                                      ice. Your mover must make a written note if               name and address of the motor carrier
                                                                      you refuse any special or accessorial services            issuing the bill of lading.
                                                                      that your mover reasonably expects to be                    (2) The names and addresses of any other
                                                                      necessary.                                                motor carriers, when known, who will par-
                                                                                                                                ticipate in the transportation of the ship-
                                                                      MUST MY MOVER WRITE UP AN INVENTORY OF                    ment.
                                                                                 THE SHIPMENT?                                    (3) The name, address, and telephone num-
                                                                                                                                ber of the office of the motor carrier you
                                                                        Yes. Your mover must prepare an inven-                  must contact in relation to the transpor-
                                                                      tory of your shipment before or at the time               tation of the shipment.
                                                                      of loading. If your mover’s driver fails to pre-            (4) The form of payment your mover will
                                                                      pare an inventory, you should write a de-                 honor at delivery. The payment information
                                                                      tailed inventory of your shipment listing                 must be the same that was entered on the es-
                                                                      any damage or unusual wear to any items.                  timate and order for service.
                                                                      The purpose is to make a record of the exist-               (5) When your mover transports your ship-
                                                                      ence and condition of each item.                          ment under a collect-on-delivery basis, your
                                                                        After completing the inventory, you                     name, address, and telephone number where
                                                                      should sign each page and ask the mover’s                 the mover will notify you about the charges.
                                                                      driver to sign each page. Before you sign it,               (6) For non-guaranteed service, the agreed-
                                                                      it is important you make sure that the in-                upon date or period of time for pickup of the
                                                                      ventory lists every item in the shipment and              shipment and the agreed-upon date or period
                                                                      that the entries regarding the condition of               of time for the delivery of the shipment. The
                                                                      each item are correct. You have the right to              agreed-upon dates or periods for pickup and
                                                                      note any disagreement. If an item is missing              delivery entered upon the bill of lading must
                                                                      or damaged when your mover delivers the                   conform to the agreed-upon dates or periods
                                                                      shipment, your subsequent ability to dispute              of time for pickup and delivery entered upon
                                                                      the items lost or damaged may depend upon                 the order for service or a proper amendment
                                                                                                                                to the order for service.
                                                                      your notations.
                                                                                                                                  (7) For guaranteed service, the dates for
                                                                        You should retain a copy of the inventory.              pickup and delivery and any penalty or per
                                                                      Your mover may keep the original if the                   diem entitlements due you under the agree-
                                                                      driver prepared it. If your mover’s driver                ment.
                                                                      completed an inventory, the mover must at-                  (8) The actual date of pickup.
                                                                      tach the complete inventory to the bill of                  (9) The identification number(s) of the ve-
                                                                      lading as an integral part of the bill of lad-            hicle(s) in which your mover loads your ship-
                                                                      ing.                                                      ment.
                                                                                                                                  (10) The terms and conditions for payment
                                                                           MUST MY MOVER WRITE UP A BILL OF                     of the total charges including notice of any
                                                                                      LADING?                                   minimum charges.
                                                                        The bill of lading is the contract between                (11) The maximum amount your mover,
                                                                      you and the mover. The mover is required by               based on the estimate, will demand from you
                                                                      law to prepare a bill of lading for every ship-           at the time of delivery for you to obtain pos-
                                                                      ment it transports. The information on a bill             session of your shipment, when your mover
                                                                      of lading is required to be the same information          transports under a collect-on-delivery basis.
                                                                      shown on the order for service. The driver who              (12) If not provided for in the Order for
                                                                      loads your shipment must give you a copy of               Service, the Surface Transportation Board’s
                                                                      the bill of lading before or at the time of               required released rates valuation statement,
                                                                      loading your furniture and other household                and the charges, if any, for optional valu-
                                                                      goods.                                                    ation coverage. The Board’s required re-
                                                                                                                                leased rates may be increased annually by
                                                                        It is your responsibility to read the bill of lad-
                                                                                                                                your mover based on the U.S. Department of
                                                                      ing before you accept it. It is your responsi-
                                                                                                                                Commerce’s Cost of Living Adjustment.
                                                                      bility to understand the bill of lading before
                                                                                                                                  (13) Evidence of any insurance coverage
                                                                      you sign it. If you do not agree with some-
                                                                                                                                sold to or procured for you from an inde-
                                                                      thing on the bill of lading, do not sign it
                                                                                                                                pendent insurer, including the amount of the
                                                                      until you are satisfied it is correct.                    premium for such insurance.
                                                                        The bill of lading requires the mover to                  (14) Each attachment to the bill of lading.
                                                                      provide the service you have requested. You               Each attachment is an integral part of the
                                                                      must pay the charges set forth in the bill of             bill of lading contract. If not provided to you
                                                                      lading. The bill of lading is an important docu-          elsewhere by the mover, the following three
                                                                      ment. Do not lose or misplace your copy. Have             items must be added as attachments:
                                                                      it available until your shipment is delivered,              (i) The binding or non-binding estimate.
                                                                      all charges are paid, and all claims, if any,               (ii) The order for service.
                                                                      are settled.
cprice-sewell on PROD1PC63 with CFR




                                                                                                                                  (iii) The inventory.
                                                                        A bill of lading must include the following               A copy of the bill of lading must accom-
                                                                      14 elements:                                              pany your shipment at all times while it is

                                                                                                                           126



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00136   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                           Pt. 375, App. A
                                                                      in the possession of your mover or its                    the shipment will not affect the charges you
                                                                      agent(s). When your mover loads the ship-                 will pay.
                                                                      ment on a vehicle for transportation, the bill              Your mover must determine the weight of
                                                                      of lading must be in the possession of the                your shipment before requesting you to pay
                                                                      driver responsible for the shipment. Your                 for any charges dependent upon your ship-
                                                                      mover must retain bills of lading for ship-               ment’s weight.
                                                                      ments it transported for at least one year                  Most movers have a minimum weight
                                                                      from the date your mover created the bill of              charge for transporting a shipment. Gen-
                                                                      lading.                                                   erally, the minimum is the charge for trans-
                                                                                                                                porting a shipment of at least 3,000 pounds
                                                                        SHOULD I REACH AN AGREEMENT WITH MY                     (1,362 kilograms).
                                                                       MOVER ABOUT PICKUP AND DELIVERY TIMES?                     If your shipment appears to weigh less
                                                                                                                                than the mover’s minimum weight, your
                                                                        You and your mover should reach an agree-               mover must advise you on the order for serv-
                                                                      ment for pickup and delivery times. It is                 ice of the minimum cost before transporting
                                                                      your responsibility to determine on what                  your shipment. Should your mover fail to ad-
                                                                      date, or between what dates, you need to                  vise you of the minimum charges and your
                                                                      have the shipment picked up and on what                   shipment is less than the minimum weight,
                                                                      date, or between what dates, you require de-              your mover must base your final charges
                                                                      livery. It is your mover’s responsibility to              upon the actual weight, not upon the min-
                                                                      tell you if it can provide service on or be-              imum weight.
                                                                      tween those dates, or, if not, on what other
                                                                      dates it can provide the service.                             HOW MUST MY MOVER DETERMINE THE
                                                                        In the process of reaching an agreement                          WEIGHT OF MY SHIPMENT?
                                                                      with your mover, you may find it necessary                   Your mover must weigh your shipment
                                                                      to alter your moving and travel plans if no               upon a certified scale.
                                                                      mover can provide service on the specific                    The weight of your shipment must be ob-
                                                                      dates you desire.                                         tained by using one of two methods:
                                                                        Do not agree to have your shipment picked                  Origin Weighing—Your mover may weigh
                                                                      up or delivered ’’as soon as possible.’’ The              your shipment in the city or area where it
                                                                      dates or periods you and your mover agree                 loads your shipment. If it elects this option,
                                                                      upon should be definite.                                  the driver must weigh the truck before com-
                                                                        Once an agreement is reached, your mover                ing to your residence. This is called the tare
                                                                      must enter those dates upon the order for                 weight. At the time of this first weighing, the
                                                                      service and the bill of lading.                           truck may already be partially loaded with
                                                                        Once your goods are loaded, your mover is               another shipment(s). This will not affect the
                                                                      contractually bound to provide the service                weight of your shipment. The truck should
                                                                      described in the bill of lading. Your mover’s             also contain the pads, dollies, hand trucks,
                                                                      only defense for not providing the service on             ramps, and other equipment normally used
                                                                      the dates called for is the defense of force              in the transportation of household goods
                                                                      majeure. This is a legal term. It means that              shipments.
                                                                      when circumstances change, were not fore-                    After loading, the driver will weigh the
                                                                      seen, and are beyond the control of your                  truck again to obtain the loaded weight,
                                                                      mover, preventing your mover from per-                    called the gross weight. The net weight of
                                                                      forming the service agreed to in the bill of              your shipment is then obtained by sub-
                                                                      lading, your mover is not responsible for                 tracting the tare weight before loading from
                                                                      damages resulting from its nonperformance.                the gross weight.
                                                                        This may occur when you do not inform                      Gross Weight less the Tare Weight Before
                                                                      your mover of the exact delivery require-                 Loading = Net Weight.
                                                                      ments. For example, because of restrictions                  Destination Weighing (Also called Back
                                                                                                                                Weighing)—The mover is also permitted to
                                                                      trucks must follow at your new location, the
                                                                                                                                determine the weight of your shipment at
                                                                      mover may not be able to take its truck
                                                                                                                                the destination after it delivers your load.
                                                                      down the street of your residence and may
                                                                                                                                Weighing your shipment at destination in-
                                                                      need to shuttle the shipment using another
                                                                                                                                stead of at origin will not affect the accu-
                                                                      type of vehicle.
                                                                                                                                racy of the shipment weight. The most impor-
                                                                       MUST MY MOVER DETERMINE THE WEIGHT OF                    tant difference is that your mover will not deter-
                                                                                  MY SHIPMENT?                                  mine the exact charges on your shipment before
                                                                                                                                it is unloaded.
                                                                        Generally, yes. If your mover transports                   Destination weighing is done in reverse of
                                                                      your household goods on a non-binding esti-               origin weighing. After arriving in the city or
                                                                      mate, your mover must determine the actual                area where you are moving, the driver will
                                                                      weight of the shipment in order to calculate              weigh the truck. Your shipment will still be
                                                                      its lawful tariff charge. If your mover pro-              on the truck. Your mover will determine the
                                                                      vided a binding estimate and has loaded your              gross weight before coming to your new resi-
cprice-sewell on PROD1PC63 with CFR




                                                                      shipment without claiming you have added                  dence to unload. After unloading your ship-
                                                                      additional items or services, the weight of               ment, the driver will again weigh the truck

                                                                                                                           127



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00137   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX    211213
                                                                      Pt. 375, App. A                                                       49 CFR Ch. III (10–1–07 Edition)
                                                                      to obtain the tare weight. The net weight of                Your mover must obtain a separate weight
                                                                      your shipment will then be obtained by sub-               ticket for each weighing. The weigh master
                                                                      tracting the tare weight after delivery from              must sign each weight ticket. Each weight
                                                                      the gross weight.                                         ticket must contain the following six items:
                                                                        Gross Weight less the Tare Weight After                   (1) The complete name and location of the
                                                                      Delivery = Net Weight.                                    scale.
                                                                        At the time of both weighings, your mov-                  (2) The date of each weighing.
                                                                      er’s truck must have installed or loaded all                (3) Identification of the weight entries as
                                                                      pads, dollies, hand trucks, ramps, and other              being the tare, gross, or net weights.
                                                                      equipment required in the transportation of                 (4) The company or mover identification of
                                                                      your shipment. The driver and other persons               the vehicle.
                                                                      must be off the vehicle at the time of both                 (5) Your last name as it appears on the Bill
                                                                      weighings. The fuel tanks on the vehicle                  of Lading.
                                                                      must be full at the time of each weighing; or,              (6) Your mover’s shipment registration or
                                                                      if the fuel tanks are not full, your mover                Bill of Lading number.
                                                                      must not add fuel between the two weighings                 Your mover must retain the original
                                                                      when the tare weighing is the first weighing              weight ticket or tickets relating to the de-
                                                                      performed.                                                termination of the weight of your shipment
                                                                        Your mover may detach the trailer of a                  as part of its file on your shipment. When
                                                                      tractor-trailer vehicle combination from the              both weighings are performed on the same
                                                                      tractor and have the trailer weighed sepa-                scale, one weight ticket may be used to
                                                                      rately at each weighing, provided the length              record both weighings.
                                                                      of the scale platform is adequate to accom-                 Your mover must present all freight bills
                                                                      modate and support the entire trailer.                    with true copies of all weight tickets. If your
                                                                        Your mover may use an alternative meth-                 mover does not present its freight bill with
                                                                      od to weigh your shipment if it weighs 3,000              all weight tickets, your mover is in violation
                                                                      pounds (1,362 kilograms) or less. The only al-            of Federal law.
                                                                      ternative method allowed is weighing the                    Before the driver actually begins unloading
                                                                      shipment upon a platform or warehouse cer-                your shipment weighed at origin and after
                                                                      tified scale before loading your shipment for             your mover informs you of the billing weight
                                                                      transportation or after unloading.                        and total charges, you have the right to de-
                                                                        Your mover must use the net weight of                   mand a reweigh of your shipment. If you be-
                                                                      shipments transported in large containers,                lieve the weight is not accurate, you have
                                                                      such as ocean or railroad containers. Your                the right to request your mover reweigh
                                                                      mover will calculate the difference between               your shipment before unloading.
                                                                      the tare weight of the container (including                 You have the right, and your mover must
                                                                      all pads, blocking and bracing used in the                inform you of your right, to observe all
                                                                      transportation of your shipment) and the                  reweighings of your shipment. Your mover
                                                                      gross weight of the container with your ship-             must tell you where and when each re-
                                                                      ment loaded in the container.                             weighing will occur. Your mover must give
                                                                        You have the right, and your mover must                 you a reasonable opportunity to be present
                                                                      inform you of your right, to observe all                  to observe the reweighing. You may waive
                                                                      weighings of your shipment. Your mover                    your right to observe any reweighing; how-
                                                                      must tell you where and when each weighing                ever, you must waive that right in writing.
                                                                      will occur. Your mover must give you a rea-               You may send the written waiver via fax or
                                                                      sonable opportunity to be present to observe              e-mail, as well as by overnight courier or
                                                                      the weighings.                                            certified mail, return receipt requested. This
                                                                        You may waive your right to observe any                 does not affect any of your other rights
                                                                      weighing or reweighing. This does not affect              under Federal law.
                                                                      any of your other rights under Federal law.                 Your mover is prohibited from charging
                                                                        Your mover may request that you waive                   you for the reweighing. If the weight of your
                                                                      your right to have a shipment weighed upon                shipment at the time of the reweigh is dif-
                                                                      a certified scale. Your mover may want to                 ferent from the weight determined at origin,
                                                                      weigh the shipment upon a trailer’s on-                   your mover must recompute the charges
                                                                      board, non-certified scale. You should de-                based upon the reweigh weight.
                                                                      mand your right to have a certified scale                   Before requesting a reweigh, you may find
                                                                      used. The use of a non-certified scale may                it to your advantage to estimate the weight
                                                                      cause you to pay a higher final bill for your             of your shipment using the following three-
                                                                      move, if the non-certified scale does not ac-             step method:
                                                                      curately weigh your shipment. Remember                      1. Count the number of items in your ship-
                                                                      that certified scales are inspected and ap-               ment. Usually there will be either 30 or 40
                                                                      proved for accuracy by a government inspec-               items listed on each page of the inventory.
                                                                      tion or licensing agency. Non-certified scales            For example, if there are 30 items per page
                                                                      are not inspected and approved for accuracy               and your inventory consists of four complete
cprice-sewell on PROD1PC63 with CFR




                                                                      by a government inspection or licensing                   pages and a fifth page with 15 items listed,
                                                                      agency.                                                   the total number of items will be 135. If an

                                                                                                                           128



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00138   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                           Pt. 375, App. A
                                                                      automobile is listed on the inventory, do not in-         specified in the order for service, your mover
                                                                      clude this item in the count of the total items.          must notify you of the delay, at the mover’s
                                                                        2. Subtract the weight of any automobile                expense. As soon as the delay becomes appar-
                                                                      included in your shipment from the total                  ent to your mover, it must give you notifica-
                                                                      weight of the shipment. If the automobile                 tion it will be unable to provide the service
                                                                      was not weighed separately, its weight can                specified in the terms of the order for serv-
                                                                      be found on its title or license receipt.                 ice. Your mover may notify you of the delay
                                                                        3. Divide the number of items in your ship-             in any of the following ways: By telephone;
                                                                      ment into the weight. If the average weight               fax transmissions; e-mail; overnight courier;
                                                                      resulting from this exercise ranges between               certified mail, return receipt requested; or in
                                                                      35 and 45 pounds (16 and 20 kilograms) per ar-            person.
                                                                      ticle, it is unlikely a reweigh will prove ben-             When your mover notifies you of a delay, it
                                                                      eficial to you. In fact, it could result in your          also must advise you of the dates or periods
                                                                      paying higher charges.                                    of time it may be able to pick up and/or de-
                                                                        Experience has shown that the average                   liver the shipment. Your mover must con-
                                                                      shipment of household goods will weigh                    sider your needs in its advisement. Your
                                                                      about 40 pounds (18 kilograms) per item. If a             mover must prepare a written record of the
                                                                      shipment contains a large number of heavy                 date, time, and manner of its notification.
                                                                      items, such as cartons of books, boxes of                   Your mover must prepare a written record
                                                                      tools or heavier than average furniture, the              of its amended date or period for delivery.
                                                                      average weight per item may be 45 pounds or               Your mover must retain these records as a
                                                                      more (20 kilograms or more).                              part of its file on your shipment. The reten-
                                                                                                                                tion period is one year from the date of noti-
                                                                      WHAT MUST MY MOVER DO IF I WANT TO                        fication. Your mover must furnish a copy of
                                                                       KNOW THE ACTUAL WEIGHT OR CHARGES FOR                    the notification to you either by first class
                                                                       MY SHIPMENT BEFORE DELIVERY?                             mail or in person, if you request a copy of
                                                                        If you request notification of the actual               the notice.
                                                                      weight and charges of your shipment, your                   Your mover must tender your shipment for
                                                                      mover must comply with your request if it is              delivery on the agreed-upon delivery date or
                                                                      moving your goods on a collect-on-delivery                within the period specified on the bill of lad-
                                                                      basis. This requirement is conditioned upon               ing. Upon your request or concurrence, your
                                                                      your supplying your mover with an address                 mover may deliver your shipment on another
                                                                      or telephone number where you will receive                day.
                                                                      the communication. Your mover must make                     The establishment of a delayed pickup or
                                                                      its notification by telephone; fax trans-                 delivery date does not relieve your mover
                                                                      missions; e-mail; overnight courier; certified            from liability for damages resulting from
                                                                      mail, return receipt requested; or in person.             your mover’s failure to provide service as
                                                                        You must receive the mover’s notification               agreed. However, when your mover notifies
                                                                      at least one full 24-hour day before its sched-           you of alternate delivery dates, it is your re-
                                                                      uled delivery, excluding Saturdays, Sundays,              sponsibility to be available to accept deliv-
                                                                      and Federal holidays.                                     ery on the dates specified. If you are not
                                                                        Your mover may disregard this 24-hour no-               available and are not willing to accept deliv-
                                                                      tification requirement on shipments subject               ery, your mover has the right to place your
                                                                      to one of the following three things:                     shipment in storage at your expense or hold
                                                                        (1) Back weigh (when your mover weighs                  the shipment on its truck and assess addi-
                                                                      your shipment at its destination).                        tional charges.
                                                                        (2) Pickup and delivery encompassing two                  If after the pickup of your shipment, you
                                                                      consecutive weekdays, if you agree.                       request your mover to change the delivery
                                                                        (3) Maximum payment amounts at time of                  date, most movers will agree to do so pro-
                                                                      delivery of 110 percent of the estimated                  vided your request will not result in unrea-
                                                                      charges, if you agree.                                    sonable delay to its equipment or interfere
                                                                                                                                with another customer’s move. However,
                                                                           SUBPART F—TRANSPORTATION OF MY                       your mover is under no obligation to consent
                                                                                     SHIPMENT                                   to amended delivery dates. Your mover has
                                                                                                                                the right to place your shipment in storage
                                                                       MUST MY MOVER TRANSPORT THE SHIPMENT
                                                                                                                                at your expense if you are unwilling or un-
                                                                               IN A TIMELY MANNER?
                                                                                                                                able to accept delivery on the date agreed to
                                                                        Yes, your mover must transport your                     in the bill of lading.
                                                                      household goods in a timely manner. This is                 If your mover fails to pick up and deliver
                                                                      also known as ’’reasonable dispatch service.’’            your shipment on the date entered on the
                                                                      Your mover must provide reasonable dis-                   bill of lading and you have expenses you oth-
                                                                      patch service to you, except for transpor-                erwise would not have had, you may be able
                                                                      tation on the basis of guaranteed delivery                to recover those expenses from your mover.
                                                                      dates.                                                    This is what is called an inconvenience or
                                                                        When your mover is unable to perform ei-                delay claim. Should your mover refuse to
cprice-sewell on PROD1PC63 with CFR




                                                                      ther the pickup or delivery of your shipment              honor such a claim and you continue to be-
                                                                      on the dates or during the periods of time                lieve you are entitled to be paid damages,

                                                                                                                           129



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00139   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX    211213
                                                                      Pt. 375, App. A                                                       49 CFR Ch. III (10–1–07 Edition)
                                                                      you may take your mover to court under 49                   (1) The specified period of time when your
                                                                      U.S.C. 14706. The Federal Motor Carrier Safety            mover is to hold your goods in storage.
                                                                      Administration (FMCSA) has no authority to                  (2) The maximum period of time provided
                                                                      order your mover to pay such claims.                      in its tariff for storage-in-transit.
                                                                        While we hope your mover delivers your                    Your mover must notify you by facsimile
                                                                      shipment in a timely manner, you should                   transmission; overnight courier; e-mail; or
                                                                      consider the possibility your shipment may                certified mail, return receipt requested.
                                                                      be delayed, and find out what payment you                   If your mover holds your household goods
                                                                      can expect if a mover delays service through              in storage-in-transit for less than 10 days,
                                                                      its own fault, before you agree with the                  your mover must notify you, one day before
                                                                      mover to transport your shipment.                         the storage-in-transit period expires, of the
                                                                                                                                same information specified above.
                                                                      WHAT MUST MY MOVER DO IF IT IS ABLE TO                      Your mover must maintain a record of all
                                                                       DELIVER MY SHIPMENT MORE THAN 24                         notifications to you as part of the records of
                                                                       HOURS BEFORE I AM ABLE TO ACCEPT DE-                     your shipment. Under the applicable tariff
                                                                       LIVERY?                                                  provisions regarding storage-in-transit, your
                                                                                                                                mover’s failure or refusal to notify you will
                                                                        At your mover’s discretion, it may place
                                                                                                                                automatically extend your mover’s liability
                                                                      your shipment in storage. This will be under
                                                                                                                                until the end of the day following the date
                                                                      its own account and at its own expense in a
                                                                                                                                when your mover actually gives you notice.
                                                                      warehouse located in proximity to the des-
                                                                      tination of your shipment. Your mover may                    SUBPART G—DELIVERY OF MY SHIPMENT
                                                                      do this if you fail to request or concur with
                                                                      an early delivery date, and your mover is                 MAY MY MOVER ASK ME TO SIGN A DELIVERY
                                                                      able to deliver your shipment more than 24                 RECEIPT PURPORTING TO RELEASE IT FROM
                                                                      hours before your specified date or the first              LIABILITY?
                                                                      day of your specified period.
                                                                                                                                  At the time of delivery, your mover will
                                                                        If your mover exercises this option, your
                                                                                                                                expect you to sign a receipt for your ship-
                                                                      mover must immediately notify you of the
                                                                                                                                ment. Normally, you will sign each page of
                                                                      name and address of the warehouse where
                                                                                                                                your mover’s copy of the inventory.
                                                                      your mover places your shipment. Your
                                                                                                                                  Your mover’s delivery receipt or shipping
                                                                      mover must make and keep a record of its
                                                                                                                                document must not contain any language
                                                                      notification as a part of its shipment
                                                                                                                                purporting to release or discharge it or its
                                                                      records. Your mover has full responsibility
                                                                                                                                agents from liability.
                                                                      for the shipment under the terms and condi-
                                                                                                                                  Your mover may include a statement
                                                                      tions of the bill of lading. Your mover is re-
                                                                                                                                about your receipt of your property in appar-
                                                                      sponsible for the charges for redelivery, han-
                                                                                                                                ent good condition, except as noted on the
                                                                      dling, and storage until it makes final deliv-
                                                                                                                                shipping documents.
                                                                      ery. Your mover may limit its responsibility
                                                                                                                                  Do not sign the delivery receipt if it con-
                                                                      to the agreed-upon delivery date or the first
                                                                                                                                tains any language purporting to release or
                                                                      day of the period of delivery as specified in
                                                                                                                                discharge your mover or its agents from li-
                                                                      the bill of lading.
                                                                                                                                ability. Strike out such language before
                                                                        WHAT MUST MY MOVER DO FOR ME WHEN I                     signing, or refuse delivery if the driver or
                                                                         STORE HOUSEHOLD GOODS IN TRANSIT?                      mover refuses to provide a proper delivery
                                                                                                                                receipt.
                                                                        If you request your mover to hold your
                                                                      household goods in storage-in-transit and                 WHAT IS THE MAXIMUM COLLECT-ON-DELIVERY
                                                                      the storage period is about to expire, your                AMOUNT MY MOVER MAY DEMAND I PAY AT
                                                                      mover must notify you, in writing, about the               THE TIME OF DELIVERY?
                                                                      four following items:                                       On a binding estimate, the maximum
                                                                        (1) The date when storage-in-transit will               amount is the exact estimate of the charges,
                                                                      convert to permanent storage.                             plus the charges for any additional services
                                                                        (2) The existence of a 9-month period after             you requested after the bill of lading was ex-
                                                                      the date of conversion to permanent storage,              ecuted (charges therefore not included in the
                                                                      during which you may file claims against                  estimate) and any charges for impracticable
                                                                      your mover for loss or damage occurring to                operations (not to exceed 15 percent of all
                                                                      your goods while in transit or during the                 other charges due at delivery). Your mover
                                                                      storage-in-transit period.                                must specify on the estimate, order for serv-
                                                                        (3) The date your mover’s liability will                ice, and bill of lading the form of payment
                                                                      end.                                                      acceptable to it (for example, a certified
                                                                        (4) Your property will be subject to the                check).
                                                                      rules, regulations, and charges of the ware-                On a non-binding estimate, the maximum
                                                                      houseman.                                                 amount is 110 percent of the approximate
                                                                        Your mover must make this notification at               costs, plus the charges for any additional
cprice-sewell on PROD1PC63 with CFR




                                                                      least 10 days before the expiration date of               services you requested after the bill of lading
                                                                      one of the following two periods of time:                 was executed (charges therefore not included

                                                                                                                           130



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00140   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                           Pt. 375, App. A
                                                                      in the estimate) and any charges for imprac-              ceed 15 percent of the total charges your
                                                                      ticable operations (not to exceed 15 percent              mover collects at delivery.
                                                                      of all other charges due at delivery). Your                 Your mover is forbidden from collecting,
                                                                      mover must specify on the estimate, order                 or requiring you to pay, any freight charges
                                                                      for service, and bill of lading the form of               (including any charges for accessorial or ter-
                                                                      payment acceptable to it (for example, cash).             minal services) when your household goods
                                                                                                                                shipment is totally lost or destroyed in transit,
                                                                      IF MY SHIPMENT IS TRANSPORTED ON MORE                     unless the loss or destruction was due to an
                                                                        THAN ONE VEHICLE, WHAT CHARGES MAY                      act or omission by you.
                                                                        MY MOVER COLLECT AT DELIVERY?
                                                                                                                                HOW MUST MY MOVER CALCULATE THE
                                                                        Although all movers try to move each
                                                                                                                                 CHARGES APPLICABLE TO THE SHIPMENT AS
                                                                      shipment on one truck, it becomes necessary
                                                                                                                                 DELIVERED?
                                                                      at times to divide a shipment among two or
                                                                      more trucks. This frequently occurs when an                 Your mover must multiply the percentage
                                                                      automobile is included in the shipment and                equal to the weight of the portion of the
                                                                      transported on a specially designed vehicle.              shipment delivered to the total weight of the
                                                                      When this occurs, your transportation                     shipment times the total charges applicable
                                                                      charges are the same as if the entire ship-               to the shipment tendered by you to obtain
                                                                      ment moved on one truck.                                  the total charges it must collect from you.
                                                                        If your shipment is divided for transpor-                 If your mover’s computed charges exceed
                                                                      tation on two or more trucks, the mover                   the charges otherwise applicable to the ship-
                                                                      may require payment for each portion as it                ment as delivered, the lesser of those charges
                                                                      is delivered.                                             must apply. This will apply only to the
                                                                        Your mover may delay the collection of all              transportation of your household goods.
                                                                      the charges until the entire shipment is de-                Your mover must require you to pay any
                                                                      livered, at its discretion, not yours. When               specific valuation charge due.
                                                                      you order your move, you should ask the                     Your mover may not refund the freight
                                                                      mover about its policies in this regard.                  charges if the loss or destruction was due to
                                                                                                                                an act or omission by you. For example, you
                                                                      IF MY SHIPMENT IS PARTIALLY LOST OR DE-                   fail to disclose to your mover that your ship-
                                                                        STROYED, WHAT CHARGES MAY MY MOVER                      ment contains perishable live plants. Your
                                                                        COLLECT AT DELIVERY?                                    mover may disregard its loss or destruction
                                                                        Movers customarily make every effort to                 of your plants because you failed to inform
                                                                      avoid losing, damaging, or destroying any of              your mover you were transporting live
                                                                      your items while your shipment is in their                plants.
                                                                      possession for transportation. However, de-                 Your mover must determine, at its own ex-
                                                                      spite the precautions taken, articles are                 pense, the proportion of the shipment, based
                                                                      sometimes lost or destroyed during the                    on actual or constructive weight, not lost or
                                                                      move.                                                     destroyed in transit.
                                                                        In addition to any money you may recover                  Your rights are in addition to, and not in
                                                                      from your mover to compensate for lost or                 lieu of, any other rights you may have with
                                                                      destroyed articles, you also may recover the              respect to your shipment of household goods
                                                                      transportation charges represented by the                 your mover lost or destroyed, or partially
                                                                      portion of the shipment lost or destroyed.                lost or destroyed, in transit. This applies
                                                                      Your mover may apply this paragraph only                  whether or not you have exercised your
                                                                      to the transportation of household goods.                 rights provided above.
                                                                      Your mover may disregard this paragraph if                    SUBPART H—COLLECTION OF CHARGES
                                                                      loss or destruction was due to an act or
                                                                      omission by you. Your mover must require                       DOES THIS SUBPART APPLY TO MOST
                                                                      you to pay any specific valuation charge due.                             SHIPMENTS?
                                                                        For example, if you pack a hazardous ma-
                                                                      terial (i.e., gasoline, aerosol cans, motor oil,            It applies to all shipments of household
                                                                      etc.) and your shipment is partially lost or              goods that involve a balance due freight or
                                                                      destroyed by fire in storage or in the mover’s            expense bill or are shipped on credit.
                                                                      trailer, your mover may require you to pay
                                                                                                                                 HOW MUST MY MOVER PRESENT ITS FREIGHT
                                                                      for the full cost of transportation.
                                                                                                                                        OR EXPENSE BILL TO ME?
                                                                        If your shipment is partially lost or de-
                                                                      stroyed, your mover is permitted to collect                 At the time of payment of transportation
                                                                      at delivery only a prorated percentage based              charges, your mover must give you a freight
                                                                      on the freight charges for the goods actually             bill identifying the service provided and the
                                                                      delivered, plus the charges for any additional            charge for each service. It is customary for
                                                                      services you requested after the bill of lading           most movers to use a copy of the bill of lad-
                                                                      was executed and any charges for impracti-                ing as a freight bill; however, some movers
cprice-sewell on PROD1PC63 with CFR




                                                                      cable operations. Charges for impracticable               use an entirely separate document for this
                                                                      operations collected at delivery must not ex-             purpose.

                                                                                                                           131



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00141   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX    211213
                                                                      Pt. 375, App. A                                                       49 CFR Ch. III (10–1–07 Edition)
                                                                         Except in those instances where a ship-                livery; charges for impracticable operations
                                                                      ment is moving on a binding estimate, the                 not paid at delivery are due within 30 days of
                                                                      freight bill must specifically identify each              the invoice.) Your mover’s freight bills and
                                                                      service performed, the rate or charge per                 accompanying written notices must state
                                                                      service performed, and the total charges for              the following five items:
                                                                      each service. If this information is not on the             (1) Penalties for late payment.
                                                                      freight bill, do not accept or pay the freight bill.        (2) Credit time limits.
                                                                         Movers’ tariffs customarily specify that                 (3) Service or finance charges.
                                                                      freight charges must be paid in cash, by cer-               (4) Collection expense charges.
                                                                      tified check, or by cashier’s check. When this              (5) Discount terms.
                                                                      requirement exists, the mover will not ac-                  If your mover extends credit to you,
                                                                      cept personal checks. At the time you order               freight bills or a separate written notice ac-
                                                                      your move, you should ask your mover about                companying a freight bill or a group of
                                                                      the form of payment your mover requires.                  freight bills presented at one time must
                                                                         Some movers permit payment of freight                  state, ‘‘You may be subject to tariff pen-
                                                                      charges by use of a charge or credit card.                alties for failure to timely pay freight
                                                                      However, do not assume your nationally rec-               charges,’’ or a similar statement. Your
                                                                      ognized charge, credit, or debit card will be             mover must state on its freight bills or other
                                                                      acceptable for payment. Ask your mover at                 notices when it expects payment and any ap-
                                                                      the time you request an estimate. Your                    plicable service charges, collection expense
                                                                      mover must specify the form of payment it                 charges, and discount terms.
                                                                      will accept at delivery.                                    When your mover lacks sufficient informa-
                                                                         If you do not pay the transportation                   tion to compute its tariff charges at the time
                                                                      charges at the time of delivery, your mover               of billing, your mover must present its
                                                                      has the right, under the bill of lading, to               freight bill for payment within 15 days fol-
                                                                      refuse to deliver your goods. The mover may               lowing the day when sufficient information
                                                                      place them in storage, at your expense, until             becomes available. This period excludes Sat-
                                                                      the charges are paid. However, the mover                  urdays, Sundays, and Federal holidays.
                                                                      must deliver your goods upon payment of 100                 Your mover must not extend additional
                                                                      percent of a binding estimate, plus the                   credit to you if you fail to furnish sufficient
                                                                      charges for any additional services you re-               information to your mover. Your mover
                                                                      quested after the bill of lading was executed             must have sufficient information to render a
                                                                      (charges therefore not included in the esti-              freight bill within a reasonable time after
                                                                      mate) and any charges for impracticable op-               shipment.
                                                                      erations (not to exceed 15 percent of all other             When your mover presents freight bills by
                                                                      charges due at delivery).                                 mail, it must deem the time of mailing to be
                                                                         If, before payment of the transportation               the time of presentation of the bills. The
                                                                      charges, you discover an error in the                     term ‘‘freight bills,’’ as used in this para-
                                                                      charges, you should attempt to correct the                graph, includes both paper documents and
                                                                      error with the driver or the mover’s local                billing by use of electronic media such as
                                                                      agent, or by contacting the mover’s main of-              computer tapes, disks, or the Internet (e-
                                                                      fice. If an error is discovered after payment,            mail).
                                                                      you should write the mover (the address will                When you mail acceptable checks or drafts
                                                                      be on the freight bill) explaining the error,             in payment of freight charges, your mover
                                                                      and request a refund.                                     must deem the act of mailing the payment
                                                                         Movers customarily check all shipment                  within the credit period to be the proper col-
                                                                      files and freight bills after a move has been             lection of the tariff charges within the credit
                                                                      completed to make sure the charges were ac-               period for the purposes of Federal law. In
                                                                      curate. If an overcharge is found, you should             case of a dispute as to the date of mailing,
                                                                      be notified and a refund should be made. If               your mover must accept the postmark as the
                                                                      an undercharge occurred, you may be billed                date of mailing.
                                                                      for the additional charges due.
                                                                         On ‘‘to be prepaid’’ shipments, your mover             IF I FORCED MY MOVER TO RELINQUISH A COL-
                                                                                                                                  LECT-ON-DELIVERY SHIPMENT BEFORE THE
                                                                      must present its freight bill for all transpor-
                                                                                                                                  PAYMENT OF ALL CHARGES, HOW MUST MY
                                                                      tation charges within 15 days of the date
                                                                                                                                  MOVER COLLECT THE BALANCE?
                                                                      your mover received the shipment. This pe-
                                                                      riod excludes Saturdays, Sundays, and Fed-                  On ‘‘collect-on-delivery’’ shipments, your
                                                                      eral holidays.                                            mover must present its freight bill for trans-
                                                                         On ‘‘collect’’ shipments, your mover must              portation charges within 15 days, calculated
                                                                      present its freight bill for all transportation           from the date the shipment was delivered at
                                                                      charges on the date of delivery, or, at its dis-          your destination. This period excludes Satur-
                                                                      cretion, within 15 days, calculated from the              days, Sundays, and Federal holidays. (Bills
                                                                      date the shipment was delivered at your des-              for additional charges based on the weight of
                                                                      tination. This period excludes Saturdays,                 the shipment will be presented 30 days after
                                                                      Sundays, and Federal holidays. (Bills for ad-             delivery; charges for impracticable oper-
cprice-sewell on PROD1PC63 with CFR




                                                                      ditional charges based on the weight of the               ations not paid at delivery are due within 30
                                                                      shipment will be presented 30 days after de-              days of the invoice.)

                                                                                                                           132



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00142   Fmt 8010   Sfmt 8002   Y:\SGML\211213.XXX   211213
                                                                      Federal Motor Carrier Safety Administration, DOT                                                    Pt. 376
                                                                      WHAT ACTIONS MAY MY MOVER TAKE TO COL-                    and address of the mover’s agent for service
                                                                       LECT FROM ME THE CHARGES IN ITS FREIGHT                  of legal process in your State by contacting
                                                                       BILL?                                                    the Federal Motor Carrier Safety Adminis-
                                                                        Your mover must present a freight bill                  tration. You may also obtain the name of a
                                                                      within 15 days (excluding Saturdays, Sun-                 process agent via the Internet. Go to http.//
                                                                      days, and Federal holidays) of the date of de-            www.fmcsa.dot.gov then click on Licensing
                                                                      livery of a shipment at your destination.                 and Insurance (L&I) section.
                                                                      (Bills for additional charges based on the                  In addition, your mover must participate
                                                                      weight of the shipment will be presented 30               in an arbitration program. As described ear-
                                                                      days after delivery; charges for impracti-                lier in this pamphlet, an arbitration program
                                                                      cable operations not paid at delivery are due             gives you the opportunity to settle, through
                                                                      within 30 days of the invoice.)                           a neutral arbitrator, certain types of unre-
                                                                        Your mover must provide in its tariffs the              solved loss or damage claims and disputes re-
                                                                      following three things:                                   garding charges that were billed to you by
                                                                        (1) A provision indicating its credit period            your mover after your shipment was deliv-
                                                                      is a total of 30 calendar days.                           ered. You may find submitting your claim to
                                                                        (2) A provision indicating you will be as-              arbitration under such a program to be a less
                                                                      sessed a service charge by your mover equal               expensive and more convenient way to seek
                                                                      to one percent of the amount of the freight               recovery of your claim. Your mover is re-
                                                                      bill, subject to a $20 minimum charge, for                quired to provide you with information
                                                                      the extension of the credit period. The mover             about its arbitration program before you
                                                                      will assess the service charge for each 30-day            move. If your mover fails to do so, ask the
                                                                      extension that the charges go unpaid.                     mover for details of its program.
                                                                        (3) A provision that your mover must deny
                                                                      credit to you if you fail to pay a duly pre-               SUBPART I—RESOLVING DISPUTES WITH MY
                                                                      sented freight bill within the 30-day period.                            MOVER
                                                                      Your mover may grant credit to you, at its
                                                                      discretion, when you satisfy your mover’s                  WHAT MAY I DO TO RESOLVE DISPUTES WITH
                                                                      condition that you will pay all future freight                           MY MOVER?
                                                                      bills duly presented. Your mover must en-
                                                                      sure all your payments of freight bills are               The Federal Motor Carrier Safety Administra-
                                                                      strictly in accordance with Federal rules and              tion Does Not Help You Settle Your Dispute
                                                                      regulations for the settlement of its rates                With Your Mover
                                                                      and charges.
                                                                                                                                  Generally, you must resolve your own loss
                                                                      DO I HAVE A RIGHT TO FILE A CLAIM TO RE-                  and damage disputes with your mover. You
                                                                       COVER MONEY FOR PROPERTY MY MOVER                        enter a contractual arrangement with your
                                                                       LOST OR DAMAGED?                                         mover. You are bound by each of the fol-
                                                                                                                                lowing three things:
                                                                        Should your move result in the loss of or
                                                                                                                                  (1) The terms and conditions you nego-
                                                                      damage to any of your property, you have
                                                                                                                                tiated before your move.
                                                                      the right to file a claim with your mover to
                                                                      recover money for such loss or damage.                      (2) The terms and conditions you accepted
                                                                        You should file a claim as soon as possible.            when you signed the bill of lading.
                                                                      If you fail to file a claim within 9 months,                (3) The terms and conditions you accepted
                                                                      your mover may not be required to accept                  when you signed for delivery of your goods.
                                                                      your claim. If you institute a court action                 You have the right to take your mover to
                                                                      and win, you may be entitled to attorney’s                court. We require your mover to offer you ar-
                                                                      fees if you submitted your claim to the car-              bitration to settle your disputes with it.
                                                                      rier within 120 days after delivery or the
                                                                                                                                [72 FR 36775, July 5, 2007]
                                                                      scheduled date of delivery (whichever is
                                                                      later), and (1) the mover did not advise you
                                                                      during the claim settlement process of the                           PART 376—LEASE AND
                                                                      availability of arbitration as a means for re-                    INTERCHANGE OF VEHICLES
                                                                      solving the dispute; (2) a decision was not
                                                                      rendered through arbitration within the
                                                                      time required by law; or (3) you are insti-                 Subpart A—General Applicability and
                                                                      tuting a court action to enforce an arbitra-                           Definitions
                                                                      tion decision with which the mover has not
                                                                      complied.                                                 Sec.
                                                                        While the Federal Government maintains                  376.1    Applicability.
                                                                      regulations governing the processing of loss              376.2    Definitions.
                                                                      and damage claims (49 CFR part 370), it can-
                                                                      not resolve those claims. If you cannot settle                     Subpart B—Leasing Regulations
                                                                      a claim with the mover, you may file a civil
cprice-sewell on PROD1PC63 with CFR




                                                                      action to recover your claim in court under               376.11   General leasing requirements.
                                                                      49 U.S.C. 14706. You may obtain the name                  376.12   Written lease requirements.

                                                                                                                           133



                                      VerDate Aug<31>2005   11:20 Nov 02, 2007   Jkt 211213   PO 00000   Frm 00143   Fmt 8010   Sfmt 8010   Y:\SGML\211213.XXX   211213

								
To top