- § 375.101
Who must follow the regulations in this part?
- § 375.103
What are the definitions of terms used in this part?
- § 375.105
What are the information collection requirements of this part?
- § 375.201
What is my normal liability for loss and damage when I accept goods from an individual shipper?
- § 375.203
What actions of an individual shipper may limit or reduce my normal liability?
- § 375.205
May I have agents?
- § 375.207
What items must be in my advertisements?
- § 375.209
How must I handle complaints and inquiries?
- § 375.211
Must I have an arbitration program?
- § 375.213
What information must I provide to a prospective individual shipper?
- § 375.215
How must I collect charges?
- § 375.217
How must I collect charges upon delivery?
- § 375.219
May I extend credit to shippers?
- § 375.221
May I use a charge or credit card plan for payments?
- § 375.301
What service options may I provide?
- § 375.303
If I sell liability insurance coverage, what must I do?
- § 375.401
Must I estimate charges?
- § 375.403
How must I provide a binding estimate?
- § 375.405
How must I provide a non-binding estimate?
- § 375.407
Under what circumstances must I relinquish possession of a collect-on-delivery shipment transported under a non-binding estimate?
- § 375.409
May household goods brokers provide estimates?
- § 375.501
Must I write up an order for service?
- § 375.503
Must I write up an inventory?
- § 375.505
Must I write up a bill of lading?
- § 375.507
Must I determine the weight of a shipment?
- § 375.509
How must I determine the weight of a shipment?
- § 375.511
May I use an alternative method for shipments weighing 3,000 pounds or less?
- § 375.513
Must I give the individual shipper an opportunity to observe the weighing?
- § 375.515
May an individual shipper waive his/her right to observe each weighing?
- § 375.517
May an individual shipper demand re-weighing?
- § 375.519
Must I obtain weight tickets?
- § 375.521
What must I do if an individual shipper wants to know the actual weight or charges for a shipment before I tender delivery?
- § 375.601
Must I transport the shipment in a timely manner?
- § 375.603
When must I tender a shipment for delivery?
- § 375.605
How must I notify an individual shipper of any service delays?
- § 375.607
What must I do if I am able to tender a shipment for final delivery more than 24 hours before a specified date?
- § 375.609
What must I do for shippers who store household goods in transit?
- § 375.701
May I provide for a release of liability on my delivery receipt?
- § 375.703
What is the maximum collect-on-delivery amount I may demand at the time of delivery?
- § 375.705
If a shipment is transported on more than one vehicle, what charges may I collect at delivery?
- § 375.707
If a shipment is partially lost or destroyed, what charges may I collect at delivery?
- § 375.709
If a shipment is totally lost or destroyed, what charges may I collect at delivery?
- § 375.801
What types of charges apply to subpart H?
- § 375.803
How must I present my freight or expense bill?
- § 375.805
If I am forced to relinquish a collect-on-delivery shipment before the payment of ALL charges, how do I collect the balance?
- § 375.807
What actions may I take to collect the charges upon my freight bill?
- § 375.901
What penalties do we impose for violations of this part?
- Appendix A to Part 375
Your Rights and Responsibilities When You Move
TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE; CONSUMER PROTECTION REGULATIONS
§ 375.103: What are the definitions of terms used in this part?
Terms used in this part are defined as follows. You may find other terms used in these regulations defined in 49 U.S.C. 13102. The definitions contained in this statute control. If terms are used in this part and the terms are neither defined here nor in 49 U.S.C. 13102, the terms will have the ordinary practical meaning of such terms.
Advertisement means any communication to the public in connection with an offer or sale of any interstate household goods transportation service. This includes written or electronic database listings of your name, address, and telephone number in an on-line database or displayed on an Internet web site. This excludes listings of your name, address, and telephone number in a telephone directory or similar publication. However, Yellow Pages advertising is included in the definition.
Cashier's check means a check that has all four of the following characteristics:
(1) Drawn on a bank as defined in 12 CFR 229.2.
(2) Signed by an officer or employee of the bank on behalf of the bank as drawer.
(3) A direct obligation of the bank.
(4) Provided to a customer of the bank or acquired from the bank for remittance purposes.
Certified scale means any scale inspected and certified by an authorized scale inspection and licensing authority, and designed for weighing motor vehicles, including trailers or semi-trailers not attached to a tractor, or designed as a platform or warehouse type scale.
Commercial shipper means any person who is named as the consignor or consignee in a bill of lading contract who is not the owner of the goods being transported but who assumes the responsibility for payment of the transportation and other tariff charges for the account of the beneficial owner of the goods. The beneficial owner of the goods is normally an employee of the consignor and/or consignee. A freight forwarder tendering a shipment to a carrier in furtherance of freight forwarder operations is also a commercial shipper. The Federal government is a government bill of lading shipper, not a commercial shipper.
Force majeure means a defense protecting the parties in the event that a part of the contract cannot be performed due to causes which are outside the control of the parties and could not be avoided by exercise of due care.
Government bill of lading shipper means any person whose property is transported under the terms and conditions of a government bill of lading issued by any department or agency of the Federal government to the carrier responsible for the transportation of the shipment.
Household goods, as used in connection with transportation, means the personal effects or property used, or to be used, in a dwelling, when part of the equipment or supplies of the dwelling. Transportation of the household goods must be arranged and paid for by the individual shipper or by another individual on behalf of the shipper. Household goods includes property moving from a factory or store if purchased with the intent to use in a dwelling and transported at the request of the householder, who also pays the transportation charges.
Household goods motor carrier means—
(1) In general, a motor carrier that, in the ordinary course of its business of providing transportation of household goods, offers some or all of the following additional services:
(i) Binding and nonbinding estimates;
(iii) Protective packing and unpacking of individual items at personal residences;
(iv) Loading and unloading at personal residences.
(2) The term includes any person considered to be a household goods motor carrier under regulations, determinations, and decisions of the Federal Motor Carrier Safety Administration in effect on the date of enactment of the Household Goods Mover Oversight Enforcement and Reform Act of 2005 (August 10, 2005).
(3) The term does not include any motor carrier providing transportation of household goods in containers or trailers that are entirely loaded and unloaded by an individual other than an employee or agent of the motor carrier.
(4) The term does not include any motor carrier that acts as a service for the delivery of furniture, appliances, or other furnishings between a factory or a store and an individual's household.
Individual shipper means any person who—
(1) Is the shipper, consignor, or consignee of a household goods shipment;
(2) Is identified as the shipper, consignor, or consignee on the face of the bill of lading;
(3) Owns the goods being transported; and
(4) Pays his or her own tariff transportation charges
May means an option. You may do something, but it is not a requirement.
Must means a legal obligation. You must do something.
Order for service means a document authorizing you to transport an individual shipper's household goods.
Reasonable dispatch means the performance of transportation on the dates, or during the period, agreed upon by you and the individual shipper and shown on the Order For Service/Bill of Lading. For example, if you deliberately withhold any shipment from delivery after an individual shipper offers to pay the binding estimate or 110 percent of a non-binding estimate, you have not transported the goods with reasonable dispatch. The term “reasonable dispatch” excludes transportation provided under your tariff provisions requiring guaranteed service dates. You will have the defenses of force majeure, i.e., superior or irresistible force, as construed by the courts.
Should means a recommendation. We recommend you do something, but it is not a requirement.
Surface Transportation Board means an agency within the Department of Transportation. The Surface Transportation Board regulates household goods carrier tariffs among other responsibilities.
Tariff means an issuance (in whole or in part) containing rates, rules, regulations, classifications or other provisions related to a motor carrier's transportation services. The Surface Transportation Board requires a tariff contain specific items under § 1312.3(a) of this title. These specific items include an accurate description of the services offered to the public and the specific applicable rates (or the basis for calculating the specific applicable rates) and service terms. A tariff must be arranged in a way that allows for the determination of the exact rate(s) and service terms applicable to any given shipment.
We, us, and our means the Federal Motor Carrier Safety Administration (FMCSA).
You and your means a household goods motor carrier engaged in the interstate transportation of household goods and its household goods agents.
Although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. Regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office, or examined at many libraries.
The CFR may also be viewed online at http://ECFR.gpoaccess.gov.