§ 13701. Requirements for reasonable rates, classifications, through routes, rules, and practices for certain transportation.
-
(a)
-
Reasonableness.--
(1)
Certain household goods transportation; joint rates involving water transportation.--A rate, classification, rule, or practice related to transportation or
service provided by a carrier subject to jurisdiction under Chapter 135 for transportation or service involving--
(A) a movement of household goods,
* * *
must be reasonable.
§ 13702. Tariff requirement for certain transportation
-
(a)
-
Ingeneral.--Except whenproviding transportationfor charitable purposes without charge, a carrier subject to jurisdiction under chapter 135 may provide transportation or service that is--
(1) in noncontiguous domestic trade, except with regard to bulk cargo, forest products, recycled metal scrap, waste paper, and paper waste; or
(2)
for movement of household goods; only if the rate for such transportation or service is contained in a tariff that is in effect under this section. The carrier may not charge or receive a different compensation for the transportation or service than the rate specified in the tariff, whether by returning a part of that rate to a person, giving a person a privilege, allowing the use of a facility that affects the value of that transportation or service, or another device. A rate contained in a tariff shall be stated in money of the United States.
* * *
-
(c)
-
Tariff requirements for household goods carriers.--
(1)
Ingeneral.--A carrier providing transportation described in subsection (a)(2) shall maintain rates and related rules and practices in a published tariff. The tariff must be available for inspection by the Board and be made available for inspection by shippers upon reasonable request.
(2)
Notice of availability.--A carrier that maintains a tariff under this subsection may not enforce the provisions of the tariff unless the carrier has given notice that the tariff is available for inspection, in its bill of lading or by other actual notice to individuals whose shipments are subject to the tariff.
(3)
Requirements.--A carrier that maintains a tariff under this subsection is bound by the tariff except as otherwise provided in this part. A tariff that does not comply with this subsection may not be enforced against any individual shipper.
(4)
Incorporation by reference.--A carrier may incorporate by reference the rates, terms, and other conditions of a tariff in agreements covering the transportation of household goods.
(5)
Complaints.--A complaint that a rate or related rule or practice maintained in a tariff under this subsection violates section 13701(a) may be submitted to the Board for resolution.
(d) Invalidation.--The Board may invalidate a tariff prepared by a carrier or carriers under this section if that tariff violates this section or a regulation of the Board carrying out this section. * * *
§ 13704. Household goods rates--estimates; guarantees of service
-
(a)
-
In general.--
(1)
Authority.--Subject to the provisions of paragraph (2) of this subsection, a motor carrier providing transportationof household goods subject to jurisdiction under subchapter I of chapter 135 may establish a rate for the transportation of household goods which is based on the carrier’s written, binding estimate ofcharges for providing such transportation.
(2)
Nonpre ferential; nonpredatory.--Anyrate established under this subsection must be available on a nonpreferential basis to shippers and must not result in charges to shippers which are predatory.
(b)
Rates for guaranteed service.--
(1)
Authority.--Subject to the provisions of paragraph (2) of this subsection, a motor carrier providing transportationof household goods subject to jurisdiction under subchapter I of chapter 135 may establish rates for the transportation of household goods which guarantee that the carrier will pick up and deliver such household goods at the times specified in the contract for such services and provide a penalty or per diem payment in the event the carrier fails to pick up or deliver such household goods at the specified time. The charges, if any, for such guarantee and penalty provision may vary to reflect one or more options available to meet a particular shipper’s needs.
(2)
Authority of Secretary to require nonguaranteedservice rates.--Before a carrier may establish a rate for any service under paragraph (1) of this subsection, the Secretary may require such carrier to have in effect and keep in effect, during any period such rate is in effect under paragraph (1), a rate for suchservice which does not guarantee the pick up and delivery of household goods a the times specified in the contract for such services and which does not provide a penalty or per diem payment in the event the carrier fails to pick up or deliver household goods at the specified time.
CHAPTER 139--REGISTRATION
§ 13901. Requirement for registration
A person may provide transportation or service subject to jurisdiction under subchapter I or III of chapter 135 or be a broker for transportation subject to jurisdiction under subchapter I of that chapter, only if the person is registered under this chapter to provide the transportation or service.
§ 13902. Registration of motor carriers
-
(a)
-
Motor carrier generally.--
(1)
In general.--Except as provided in this section, the Secretary shall register a person to provide transportation subject to jurisdiction under subchapter I of chapter 135 of this title as a motor carrier if the Secretary finds that the person is willing and able to comply with--
(A) this part and the applicable regulations of the Secretary and the Board;
(B) any safety regulations imposed by the Secretary and the safety fitness requirements established by the Secretary under section 31144; and
(C) the minimum financial responsibility requirements established by the
Secretary pursuant to sections 13906 and 31138.
* * *
§ 13903. Registration of freight forwarders
(a) In general.--The Secretary shall register a person to provide service subject to jurisdiction under subchapter III ofchapter 135 as a freight forwarder if the Secretary finds that the person is fit, willing, and able to provide the service and to comply with this part and applicable regulations of the Secretary and the Board.
* * *
§ 13904. Registration of brokers
(a) In general.--The Secretary shall register, subject to section 13906(b), a person to be a broker for transportation of property subject to jurisdiction under subchapter I of chapter 135, if the Secretary finds that the person is fit, willing, and able to be a broker for transportation and to comply with this part and applicable regulations of the Secretary.
* * *
§ 13906. Security of motor carriers, brokers, and freight forwarders
-
(a)
-
Motor carrier requirements.--
-
(1)
-
Liability insurance requirement.--The Secretary may register a motor carrier under section 13902 only if the registrant files with the Secretary a bond, insurance policy, or other type of security approved by the Secretary, in anamount not less than such amount as the Secretary prescribes * * *. A registration remains in effect only as long as the registrant continues to satisfy the security requirements of this paragraph.
* * *
(3)
Transportation insurance.--The Secretary may require a registered motor carrier to file with the Secretary a type of security sufficient to pay a shipper or consignee for damage to property of the shipper or consignee placed in the possession of the motor carrier as the result of transportation provided under this part. A carrier required by law to pay a shipper or consignee for loss, damage, or default for which a connecting motor carrier is responsible is subrogated, to the extent of the amount paid, to the rights of the shipper or consignee under any such security.
(b) Brokerrequirements.--The Secretary may register a person as a broker under section 13904 only if the person files with the Secretary a bond, insurance policy, or other type of security approved by the Secretary to ensure that the transportation for which a broker arranges is provided. The registration remains in effect only as long as the broker continues to satisfy the security requirements of this subsection.
-
(c)
-
Freight forwarder requirements.--
(1)
Liability insurance.--The Secretary may register a person as a freight forwarder under section 13903 of this title only if the person files with the Secretary a bond, insurance policy, or other type of security approved by the Secretary. * * *
(2)
Freight forwarder insurance.--The Secretary may require a registered freight forwarder to file with the Secretary a bond, insurance policy, or other type of security approved by the Secretary sufficient to pay, not more than the amount of the security, for loss of, or damage to, property for which the freight forwarder provides service.
(3)
Effective period.--The freight forwarder’s registration remains in effect only as long as the freight forwarder continues to satisfy the security requirements of this subsection.
* * *
§ 13907. Household goods agents
(a) Carriers responsible for agents.--Each motor carrier providing transportation of household goods shall be responsible for all acts or omissions of any of its agents which relate to the performance of household goods transportationservices (includingaccessorial or terminal services) and which are within the actual or apparent authorityofthe agent from the carrier or which are ratified by the carrier.
* * *
CHAPTER 141--OPERATIONS OF CARRIERS
SUBCHAPTER I--GENERAL REQUIREMENTS
§ 14101. Providing transportation and service
(a) On reasonable request.--A carrier providing transportation or service subject to jurisdiction under chapter 135 shall provide the transportation or service on reasonable request. In addition, a motor carrier shall provide safe and adequate service, equipment, and facilities.
* * *
§ 14104. Household goods carrier operations
-
(a)
-
General regulatory authority.--
-
(1)
-
Paperwork minimization.--The Secretary may issue regulations, including regulations protecting individual shippers, in order to carry out this part with respect to the transportation of household goods bymotor carriers subject to jurisdiction under subchapter I of chapter 135. The regulations and paperwork required of motor carriers providing transportation of household goods shall be minimized to the maximum extent feasible consistent with the protection of individual shippers.
-
(2)
-
Performance standards.--
-
(A)
-
In general.--Regulations of the Secretary protecting individual shippers shall include, where appropriate, reasonable performance standards for the
transportation of household goods subject to jurisdiction under subchapter I of chapter 135.
-
(B)
-
Factors to consider.--In establishing performance standards under this paragraph, the Secretary shall take into account at least the following--
-
(i)
-
the level of performance that can be achieved by a well-managed motor carrier transporting household goods;
(ii)
the degree of harm to individual shippers which could result from a violation of the regulation;
(iii) the need to setthe level of performance at a level sufficient to deter abuses which result in harm to consumers and violations of regulations;
(iv) service requirements of the carriers;
-
(v)
-
the cost of compliance in relation to the consumer benefits to be achieved from such compliance; and
(vi)
the need to set the level of performance at a level designed to encourage carriers to offer service responsive to shipper needs.
(3)
Limitations on statutory construction. --Nothing in this section shall be construed to limit the Secretary’s authority to require reports from motor carriers providing transportation of household goods or to require such carriers to provide specified information to consumers concerning their past performance.
(b)
Estimates.--
(1)
Authority to provide without compensation.--Every motor carrier providing transportation of household goods subject to jurisdiction under subchapter I of chapter 135, upon request of a prospective shipper, may provide the shipper with an estimate of charges for transportation of household goods and for the proposed services. The Secretary shall not prohibit any such carrier from charging a prospective shipper for providing a written, binding estimate for the transportation and proposed services.
(2)
Applicability of antitrust laws.--Any charge for an estimate of charges provided bya motor carrier to a shipper for transportation of household goods subject to jurisdiction under subchapter I of chapter 135 shall be subject to the antitrust laws, as defined in the first section of the Clayton Act (15 U.S.C. 12).
(c) Flexibility in weighing shipments.--The Secretary shall issue regulations that provide motor carriers providing transportation of household goods subject to jurisdiction under subchapter I of chapter 135 with the maximum possible flexibility in weighing shipments, consistent with assurance to the shipper of accurate weighing practices. The Secretaryshall not prohibit such carriers from backweighing shipments or from basing their charges on the reweigh weights if the shipper observes both the tare and gross weighings (or, prior to such weighings, waives in writing the opportunity to observe such weighings) and such weighings are performed on the same scale.
CHAPTER 147--ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES
* * *
§ 14704. Rights and remedies of persons injured by carriers or brokers
-
(a)
-
In general.--
(1)
Enforcement of order.--A person injured because a carrier or broker providing transportation or service subject to jurisdiction under chapter 135 does not obey an order of the Secretary or the Board, as applicable, under this part, except an order for the payment of money, may bring a civil action to enforce that order under this subsection. A person may bring a civil action for injunctive relief for violations of sections 14102 and 14103.
(2)
Damages for violations.--A carrier or broker providing transportation or service subject to jurisdiction under chapter 135 is liable for damages sustained by a person as a result of an act or omission of that carrier or broker in violation of this part.
(b) Liability and damages for exceeding tariff rate.--A carrier providing transportation or service subject to jurisdiction under chapter 135 is liable to a person for amounts charged that exceed the applicable rate for transportation or service contained in a tariff in effect under section 13702.
* * *
§ 14705. Limitation on actions by and against carriers
-
(a)
-
In general.--A carrier providing transportation or service subject to jurisdiction under chapter 135 mustbegin a civil action to recover charges for transportation or service provided by the carrier within 18 months after the claim accrues.
(b)
Overcharges.--A person must begin a civil action to recover overcharges within 18 months after the claim accrues. If the claim is against a carrier providing transportation subject to jurisdiction under chapter 135 and an election to file a complaint with the Board or Secretary, as applicable, is made under section 14704(c)(1), the complaint mustbe filed within 3 years after the claim accrues.
(c)
Damages.--A person must file a complaint with the Board or Secretary, as applicable, to recover damages under section 14704(b) within 2 years after the claim accrues.
(d)
Extensions.--The limitation periods under subsection (b) of this section are extended for 6 months from the time written notice is given to the claimant by the carrier of disallowance of any part of the claim specified in the notice if a written claim is given to the carrier within those limitation periods. The limitation periods under subsections (b) and
(c)
of this section are extended for 90 days from thetime the carrier begins a civil action under subsection (a) to recover charges related to the same transportation or service, or collects (without beginning a civil action under that subsection) the charge for that transportation or service if that action is begun or collection is made within the appropriate period.
(e) Payment.--A person must begin a civil action to enforce an order of the Board
or Secretary against a carrier within 1 year after the date of the order. * * *
(g) Accrual date.--A claim related to a shipment of property accrues under this section on delivery or tender of delivery by the carrier.
§ 14706. Liability of carriers under receipts and bills of lading
-
(a)
-
General liability.--
(1)
Motorcarriers and freight forwarders.--A carrier providing transportation or service subject to jurisdiction under subchapter I or III of chapter 135 shall issue a receipt or bill of lading for property it receives for transportation under this part. That carrier and any other carrier that delivers the property and is providing transportation or service * * * are liable to the person entitled to recover under the receipt or bill of lading. The liability imposed under this paragraph is for the actual loss or injury to the property * * *. Failure to issue a receipt or bill of lading does not affect the liability of a carrier. * * *
(2) Freight forwarder.--A freight forwarder is both the receiving and delivering
carrier. * * *
* * *
-
(d)
-
Civil actions.--
(1)
Against delivering carrier.--A civil action under this sectionmaybe brought against a delivering carrier in a district court of the United States or in a State court. Trial, if the action is brought in a district court of the United States is in a judicial district, and if in a State court, is in a State through which the defendant carrier operates.
(2)
Against carrierresponsible for loss.--A civil action under this section may be brought against the carrier alleged to have caused the loss or damage, in the judicial district in which such loss or damage is alleged to have occurred.
-
(3)
-
Jurisdiction of courts.--A civil action under this section may be brought in a United States district court or in a State court.
-
(4)
-
Judicial district defined.--In this section, “judicial district” means--
(A)
in the case of a United States district court, a judicial district of the United States; and
(B)
in the case of a State court, the applicable geographic area over which such court exercises jurisdiction.
(e)
Minimum period for filing claims.--
-
(1)
-
In gene ral.--A carrier may not provide by rule, contract, or otherwise, a period of less than 9 months for filing a claim against it under this section and a period of less than 2 years for bringing a civil action against it under this section. The period for bringing a civil action is computed from the date the carrier gives a person written notice that the carrier has disallowed any part of the claim specified in the notice.
-
(2)
-
Special rules.--For the purposes of this subsection--
(A)
an offer of compromise shall not constitute a disallowance of any part of the claim unless the carrier, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such disallowance; and
(B)
communications received from a carrier’s insurer shall not constitute a disallowance of any part of the claim unless the insurer, in writing, informs the claimant that such part of the claim is disallowed, provides reason for such disallowance, and informs the claimant that the insurer is acting on behalf of the carrier.
(f)
Limiting liability of household goods carriers to declared value.--A carrier or group of carriers subject to jurisdiction under subchapter I or III of chapter 135 may petition the Board to modify, eliminate, or establish rates for the transportation of household goods under which the liability of the carrier for that property is limited to a value established by written declaration of the shipper or by a written agreement.
* * *
§ 14707. Private enforcement of registration requirement
-
(a)
-
In general.--If a person provides transportation by motor vehicle or service in clear violation of section 13901-13904 or 13906, a person injured by the transportation or service may bring a civil action to enforce any such section. In a civil action under this subsection, trial is in the judicial district in which the person who violated that section operates.
(b)
Procedure.--A copy of the complaint in a civil action under subsection (a) shall be served on the Secretary and a certificate of service must appear in the complaint filed with the court. The Secretary may intervene in a civil action under subsection (a). The Secretary may notify the district court in which the action is pending that the Secretary intends to consider the matter that is the subject of the complaint in a proceeding before the Secretary. When that notice is filed, the court shall stay further action pending disposition of the proceeding before the Secretary.
(c)
Attorney’s fees.--In a civil action under subsection (a), the court may determine the amount of and award a reasonable attorney’s fee to the prevailing party. That fee is in addition to costs allowable under the Federal Rules of Civil Procedure.
§ 14708. Dispute settlement program for household goods carriers
-
(a)
-
Offering shippers arbitration.--As a condition of registration under section 13902 or 13903, a carrier providing transportation of household goods subject to jurisdiction under subchapter I or III of chapter 135 must agree to offer in accordance with this section to shippers of household goods arbitration as a means of settling disputes between such carriers and shippers of household goods concerning damage or loss to the household goods transported.
-
(b)
-
Arbitration requirements.--
-
(1)
-
Prevention of special advantage.--The arbitration that is offered must be designed to prevent a carrier from having any special advantage in any case in which
the claimant resides or does business at a place distant from the carrier’s principal or other place of business.
(2)
Notice of arbitration procedure.--The carrier must provide the shipper an adequate notice of the availability of neutral arbitration, including a concise easy-to-read, accurate summary of the arbitration procedure, any applicable costs, and disclosure of the legal effects of election to utilize arbitration. Such notice must be given to persons for whom household goods are to be transported by the carrier before such goods are tendered to the carrier for transportation.
(3)
Provision of forms.--Upon request of a shipper, the carrier must promptly provide such forms and other information as are necessary for initiating an action to resolve a dispute under arbitration.
(4)
Independence of arbitrator.--Each person authorized to arbitrate or otherwise settle disputes must be independent of the parties to the dispute and must be capable, as determined under such regulations as the Secretary may issue, to resolve such disputes fairly and expeditiously. The carrier must ensure that each person chosen to settle the disputes is authorized and able to obtain from the shipper or carrier any material and relevant information to the extent necessary to carry out a fair and expeditious decisionmaking process.
(5)
Apportionment of costs.--No shipper may be charged more than half of the cost for instituting an arbitration proceeding that is brought under this section. In the decision, the arbitrator may determine which party shall pay the cost or a portion of the cost of the arbitration proceeding, including the cost of instituting the proceeding.
(6)
Requests.--The carrier must not require the shipper to agree to utilize arbitration prior to the time that a dispute arises. If the dispute involves a claim for $5,000 or less and the shipper requests arbitration, such arbitration shall be binding on the parties. If the dispute involves a claim for more than $5,000 and the shipper requests arbitration, such arbitration shall be binding on the parties only if the carrier agrees to arbitration.
(7)
Oral presentation of evide nce.--The arbitrator may provide for an oral presentation of a dispute concerning transportation of household goods by a party to the dispute (or a party’s representative), but such oral presentation may be made only if all parties to the dispute expressly agree to such presentation and the date, time, and location of such presentation.
(8)
Deadline for decision.--The arbitrator must, as expeditiously as possible but at least within 60 days of receipt of written notification ofthe dispute, render a decision based on the information gathered; except that, in any case in which a party to the dispute fails to provide in a timely manner any information concerning such dispute which the person settling the dispute may reasonably require to resolve the dispute, the arbitrator may extend such 60-day period for a reasonable period of time. A decision resolving a dispute may include any remedies appropriate under the circumstances, including repair, replacement, refund, reimbursement for expenses, and compensation for damages.
(c)
Limitation on use of materials.--Materials and information obtained in the course of a decision making process to settle a dispute by arbitration under this section may not be used to bring an action under section 14905.
(d)
Attorney’s fees to shippers.--In any court action to resolve a dispute between a shipper of household goods and a carrier providing transportation or service subject to jurisdiction under subchapter I or III of chapter 135 concerning the transportation of household goods by such carrier, the shipper shall be awarded reasonable attorney’s fees if--
(1) the shipper submits a claim to the carrier within 120 days after the date the shipment is delivered or the date the delivery is scheduled, whichever is later;
(2) the shipper prevails in such court action; and
(3)(A) a decision resolving the dispute was not rendered through arbitrationunder this section within the period provided under subsection (b)(8) of this section or an extension of such period under such subsection; or
(B) the court proceeding is to enforce a decision rendered through arbitration under this sectionand is instituted after the period for performance under such decision has elapsed.
-
(e)
-
Attorney’s fees to carriers.--Inany court to resolve a dispute between a shipper of household goods and a carrier providing transportation, or service subject to jurisdiction under subchapter I or III ofchapter 135 concerning the transportation of household goods by such carrier, such carrier may be awarded reasonable attorney’s fees by the court only if the shipper brought such action in bad faith--
(1) after resolution of such dispute through arbitration under this section; or
(2) after institution of an arbitration proceeding by the shipper to resolve such dispute under this section but before--
(A) the period provided under subsection (b)(8) for resolution of such dispute (including, if applicable, an extension of such period under such subsection) ends; and
(B) a decision resolving such dispute is rendered.
(f)
Limitation of applicability to collect-on-delivery transportation.--The provisions of this section shall apply only in the case of collect-on-delivery transportation of household goods.
* * *
[Revised as of October 1, 2000]
TITLE 49--TRANSPORTATION
CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,
DEPARTMENT OF TRANSPORTATION
PART 375--TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE OR FOREIGN
COMMERCE
Sec. 375.1 375.2 375.3 375.4
375.5 375.6 375.7 375.8 375.9 375.10 375.11 375.12 375.13 375.14 375.15
375.16
375.17
375.18 375.19
Applicability and definitions.
Information for shippers.
Estimates of charges.
Final charges on shipments subject to minimum
weight or volume provisions.
Order for service
Receipt or bill of lading.
Determination of weights.
Reasonable dispatch.
Notification of charges.
Signed receipt for shipment release prohibited.
Selling of insurance to shippers.
Liability of carriers.
Complaint and inquiry handling.
Agency agreements.
Collection of freight charges on household goods
shipments involving loss or destruction in transit.
Collection of freight charges on shipments
transported on more than one vehicle.
Advertising by motor common carriers of household
goods.
Preparation and filing of annual performance report.
Use of charge card plans.
AUTHORITY: 5 U.S.C. 553; 49 U.S.C. 13301 and 14104; 49 CFR 1.48.
SOURCE: 46 FR 16218, Mar. 11, 1981, unless otherwise noted. Redesignated at 61 FR 54707, Oct. 21, 1996.
§ 375.1 Applicability and definitions.
-
(a)
-
The regulations in this part are applicable to the operations of motor carriers engaged in the transportation of household goods as defined in paragraph (b)(1) of this section in interstate or foreign commerce.
(b) Definitions. As used in this part:
(1)
Household Goods. The term ``household goods'' means personal effects and property used or to be used in a dwelling when a part of the equipment or supply of such dwelling and such other similar property as the Commission may provide by regulation; except that this definition shall not be construed to include property moving from a factory or store except such property as a householder has
purchased with intent to use in his dwelling and which is transported at the request of, and the transportation charges paid to the carrier by the householder. The regulations under this part do not apply to the transportation of property transportable under 49 U.S.C. 10102(10) (B) and (C).
-
(2)
-
Reasonable dispatch. The term “reasonable dispatch” means the performance of transportation, excluding transportation provided under tariff provisions requiring guaranteed service dates, on the dates or during the period of time agreed upon by the carrier and the shipper and shown on the Order For Service/Bill of Lading, Provided, That the defenses of force majeure as construed by the courts shall not be denied the carrier.
(3)
Advertisement. The term ``advertisement'' means any communication to the public in connection with an offer or sale of any interstate or foreign transportation service, but shall not be construed to include a listing of a carrier name, address, and telephone number in a telephone directory or similar publication.
(4)
Certified Scales. As used in this part, a certified scale is any scale designed for weighing motor vehicles, including trailers or semi-trailers not attached to a tractor, and certified by an authorized scale inspection and licensing authority. A certified scale may also be a platform or warehouse type scale properly inspected and certified.
(5)
Individual Shipper. As used in this part, “individual shipper” refers to any person who is the consignor or consignee of a household goods shipment and is identified as such in the bill of lading contract and owns the goods being transported.
(6)
Commercial Shipper. As used in this part, “commercial shipper” refers to (a) any person, excluding the federal government, who is named as the consignor and/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, normally an employee of the consignor and/or consignee; or, (b) a freight forwarder which tenders a shipment to a carrier in furtherance of authorized or exempt freight forwarder operations.
(7)
Government Bill of Lading Shipper . As used in this part, “government bill of lading shipper” refers to any person whos e 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.
(8)
Other terms. Where any other terms used in the regulations in this part are defined in 49 U.S.C. 10102, such
definitions shall be controlling. Where terms are used in this part which are neither defined herein nor in 49 U.S.C. 10102, they shall have the ordinary practical meaning of such terms.
[46 FR 16218, Mar. 11, 1981; 46 FR 22594, Apr. 20, 1981]
§ 375.2 Information for shippers.
-
(a)
-
Prior to the execution of an order for service of a shipment of household goods, as defined in Sec. 375.1(b)(1), every motor common carrier holding out to perform the service shall cause to be furnished to the prospective individual shipper the following publications.
(1)
Publication OCE-100, Your Rights and Responsibilities When You Move.
(2)
A concise, easy-to-read, accurate summary of any disputesettlement program in which the carrier participates, as provided in 49 U.S.C. 14708 and approved by the Commission.
(3)
A copy of Form OCE-101, Annual Performance Report, most recently filed with the Commission, as prescribed in § 375.18, if the carrier is required to complete part B of that form.
(4)
A written description of the customer complaint and inquiry handling procedures established and maintained by the carrier. Included in this description shall be a telephone number which the shipper may use to communicate with the carrier, accompanied by a clear and concise statement concerning who shall pay for such calls.
(b)
General Requirements: (1) The text and format of the publication shall not be changed without the written approval of the Director, Office of Compliance and Enforcement, Interstate Commerce Commission.
(2)
The Director, Office of Compliance and Enforcement,Interstate Commerce Commission, shall, within 30 days following the effective date of a decision of the Interstate Commerce Commission changing any rule or regulation published at 49 CFR part 375, cause to be published in the FEDERAL REGISTER a notice of amendment to Publication OCE-100 reflecting such change or changes.
(3)
The dimensions of the publication shall be optional, Provided, however , The product of multiplying the length by the width shall be not less than 36 square inches.
(4)
The color and design of the front and back cover of the publication shall be optional. Provided, the only words printed or appearing on the front cover shall be “Your Rights and Responsibilities When You Move.”
[46 FR 16218, Mar. 11, 1981; 46 FR 22594, Apr. 20, 1981, as amended at 59 FR 2305, Jan. 14, 1994; 59 FR 34392, July 5, 1994; 62 FR 49940, 49941, Sept. 24, 1997]
§ 375.3 Estimates of charges .
(a) Binding estimates. Motor common carriers engaged in the transportation of household goods as defined in Sec. 375.1(b)(1) may provide in their tariffs for the preparation and furnishing to shippers of binding estimates of the costs which the shippers will be required to pay for the services included in the estimates. Binding estimates must be furnished in writing to the shipper or other person responsible for payment of the freight charges and a copy of each such estimate must be retained by the carrier as an addendum to the bill of lading. All such estimates shall have clearly indicated on its face that the estimate is binding on the carrier and that the charges shown are the charges which will be assessed for the services identified in the estimate. Binding estimates must clearly describe the shipment and all services to be provided.
-
(b)
-
Non-binding estimates . Motor common carriers engaged in the transportation of household goods as defined in Sec. 375.1(b)(1) may provide estimates of the approximate costs which will be assessed for the transportation of such shipments. Non-binding estimates shall be reasonably accurate. Estimates of approximate costs shall not be binding on the carriers providing such estimates. The final charges on shipments moved on non-binding estimates shall be those appearing in the carriers' tariffs applicable to the transportation. Non-binding estimates must be furnished without charge and in writing to the shipper or other person responsible for payment of the freight charges and a copy of each such estimate must be retained by the carrier as an addendum to the bill of lading. All such estimates shall have clearly indicated on the face thereof that the estimate is not binding on the carrier and that the charges shown are the approximate charges which will be assessed for the services identified in the estimate. Non-binding estimates must clearly describe the shipment and all services to be provided.
(c)
Estimated charges required to be entered on the order for service and bill of lading. Motor common carriers furnishing non-binding estimates shall enter the estimated charges on the order for service, if an order for service is required, and on the bill of lading.
(d)
Maximum charges required to be paid at time of delivery on collect on delivery shipments subject to non-binding estimates of approximate costs. At time of delivery of a collect on delivery shipment, except when such shipment is delivered to a warehouse for storage at the request of the shipper, on which a non-binding estimate of the approximate costs has been furnished by the carrier under the provisions of paragraph (b), the shipper may request delivery of the shipment upon payment, in a form acceptable to the carrier, of an amount not exceeding 110 percent of the estimated charges. The carrier shall, upon request of the shipper, relinquish possession of the shipment upon payment of not more than 110 percent of the estimated charges and shall defer demand for the payment of the balance of any remaining charges for a period of 30 days following the date of delivery.
[46 FR 16218, Mar. 11, 1981. Redesignated at 61 FR 54707, Oct. 21, 1996; 62 FR 49941, Sept. 24, 1997]
§ 375.4 Final charges on shipments subject to minimum weight or volume provisions.
(a) Motor common carriers engaged in the transportation of household goods, as defined in Sec. 375.1(b)(1), providing service for individual shippers on rates based on the transportation of a minimum weight or volume, must indicate on the order for service the minimum weight or volume-based rates, and the the minimum charges applicable to the shipment.
(b) Failure to comply with the requirements of paragraph (a) shall require, and the governing tariff shall contain, a rule providing that the final charges relating to such a shipment be computed based on the actu al weight or volume of the shipment.
[46 FR 16218, Mar. 11, 1981. Redesignated at 61 FR 54707, Oct. 21, 1996; 62 FR 49941, Sept. 24, 1997]
§ 375.5 Order for service.
-
(a)
-
Order for service required. Every motor common carrier shall, prior to the receipt of a shipment of household goods as defined in Sec. 375.1(b)(1) to be moved for an individual shipper, prepare an order for service which contains the following mimunum information:
(1)
Name and address and ICC docket number of carrier who is responsible for performing the service.
(2)
Shipper's name, address and, if available, telephone number.
(3)
Name, address and telephone number of the delivering carrier's office or agent located at or nearest to the destination of the shipment.
(4)
A telephone number at which the shipper/consignee may contact the carrier or its designated agent.
(5)
Agreed pickup date and agreed delivery date, or the agreed period or periods of time within which pickup, delivery, or the entire move, will be accomplished. If the shipment is to be transported on a guaranteed service basis, the guaranteed dates or periods of time for pickup, transportation and delivery and any penalty or per diem requirements of the agreement shall be entered under this item.
(6)
Complete description of any special or accessorial services ordered; and minimum weight or volume charges applicable to the shipment.
(7)
Any identification or registration number assigned the shipment by the carrier.
(8)
Amount of estimated non-binding charges; method of payment of total charges; and, maximum amount required to be paid at time of delivery to obtain possession of the shipment or, the amount of charges required to be paid based on a binding estimate and the terms of payment under that estimate.
(9)
Whether the shipper requests notification of the charges prior to delivery and the telephone number or address at which such communications will be received.
(10)
Signatures required. The order for service shall be signed by the shipper who is ordering the service, and by the carrier or its agent. A copy of the order for service shall be dated and furnished the shipper at the time it is executed.
(b)
Amendments to an order for service. Prior to loading an order for service may be amended by agreement of both parties.
[46 FR 16219, Mar. 11, 1981; 46 FR 22594, Apr. 20, 1981, as amended at 62 FR 49941, Sept. 24, 1997]
§ 375.6 Receipt or bill of lading.
(a) Issuance of a receipt or bill of lading. Every motor common carrier engaged in the transportation of household goods as defined in Sec. 375.1(b)(1) shall issue a receipt or bill of lading. The bill of lading shall contain the minimum information required by Sec. 375.6(b) and the terms and conditions of the contract. The carrier shall furnish a complete copy of the bill of lading to the shipper prior to the commencement of the loading of a shipment.
-
(b)
-
Minimum information required on a receipt or bill of lading. Whenever a receipt or bill of lading is issued in compliance with paragraph (a), the carrier shall cause to be included therein the following minimum information:
(1)
The name and address of the motor carrier issuing the receipt or bill of lading.
(2)
The names and addresses of any other motor carriers, when known, which will participate, through interline, in the transportation of the shipment.
(3)
The name, address and telephone number of the office of the carrier that should be contacted in relation to the transportation of shipments.
(4)
When the transportation is to be performed on a collect on delivery basis, the name, address and, if furnished, the telephone number of a person to whom notification provided for in Sec. 375.9(b) shall be given.
(5)
When the transportation is to be performed for an individual shipper, and except when the transportation is to be performed subject to tariff provisions providing for guaranteed service dates, the agreed date or period of time for pickup of the shipment and the agreed date or period of time for the delivery of the shipment. The agreed dates or periods of time for pickup and delivery entered on the receipt or bill of lading shall conform to the agreed dates or periods of time for pickup and delivery entered on the order for service or a proper amendment to the order for service.
-
(6)
-
When the transportation is to be performed subject to tariff provisions providing for guaranteed pickup, transportation and delivery service, the dates for pickup and delivery and any penalty or per diem entitlements due the shipper under the agreement.
(7) The actual date of pickup.
(8)
The company or carrier identification number of the vehicle on which the shipment is loaded.
(9)
The terms and conditions for payment of the total charges including notice of any minimum charges.
-
(10)
-
When the transportation is to be performed on a collect on delivery basis and if a pre-move estimate of the charges is provided to the shipper, the maximum amount required to be paid at the time of delivery to obtain delivery of the shipment.
(11) The required released rates valuation statement.
(12)
Evidence of any insurance coverage sold to or procured for the shipper, including the amount of the premium for such insurance.
(c)
Copy of receipt or bill of lading to accompany shipment. A copy of the receipt or bill of lading shall accompany a shipment at all times while in the possession of a carrier. When the shipment is loaded on a vehicle for transportation the receipt or bill of lading shall be in possession of the driver responsible for the shipment.
[46 FR 16219, Mar. 11, 1981; 46 FR 22594, Apr. 20, 1981, as amended at 50 FR 37534, Sept. 16, 1985; 62 FR 49941, Sept. 24, 1997]
§ 375.7 Determination of weights.
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(a)
-
Every motor common carrier transporting household goods on a non-binding estimate shall determine the weight of each shipment transported prior to the assessment of any charges dependent on the shipment weight. Except as otherwise provided herein the weight shall be obtained on a scale meeting the definition of a certified scale as provided in Sec. 375.1(b)(4).
(1)
Weighing procedure. Except as otherwise provided herein the weight of each shipment shall be obtained by determining the difference between the tare weight of the vehicle on which the shipment is to be loaded prior to the loading and the gross weight of the same vehicle after the shipment is loaded; or, the gross weight of the vehicle with the shipment loaded and the tare weight of the same vehicle after the shipment is unloaded.
(2)
At the time of both weighings the vehicle shall have installed or loaded all pads, dollies, handtrucks, ramps and other equipment required in the transportation of such shipments. Neither the driver nor any other persons shall be on the vehicle at the time of either weighing.
(3)
The fuel tanks on the vehicle shall be full at the time of each weighing or, in the alternative, no fuel may be added between the two weighings when the tare weighing is the first weighing performed.
(4)
The trailer of a tractor-trailer vehicle combination may be detached from the tractor and the trailer weighed separately at each weighing providing the length of the scale platform is adequate to accommodate and support the entire trailer at one time.
(5)
Shipments weighing 1,000 pounds or less may be weighed on a certified platform or warehouse scale prior to loading for transportation or subsequent to unloading.
(6)
The net weight of shipments transported in containers shall be the difference between the tare weight of the container, including all pads, blocking and bracing used or to be used in the transportation of the shipment and the gross weight of the container with the shipment loaded therein.
(7)
The shipper or any other person responsible for thepayment of the freight charges shall have the right to observe all weighings of the shipment. The carrier must advise the shipper or any other person entitled to observe the weighings of the time and specific location where each weighing will be performed and must give that person a reasonable opportunity to be present to observe the weighings. Waiver by a shipper of the right to observe any weighing or reweighing is permitted and does not affect any rights of the shipper under these regulations or otherwise.
(b)
Weight tickets. The carrier shall obtain a separate weight ticket for each weighing required under this section except when both weighings are performed on the same scale, one w eight ticket may be used to record both weighings. Every weight ticket must be signed by the person performing the weighing and must contain the following minimum information:
-
(1)
-
The complete name and location of the scale.
(2)
The date of each weighing.
-
(3)
-
Identification of the weight entries thereon as being thetare, gross and/or net weights.
(4) The company or carrier identification of the vehicle.
(5)
The last name of the shipper as it appears on the Bill of Lading.
(6)
The carrier's shipment registration or Bill of Ladingnumber.
(7)
The original weight ticket or tickets relating to the determination of the weight of a shipment must be retained by the carrier as part of the file on the shipment. All freight bills presented to collect any shipment charges dependent on the weight transported must be accompanied by true copies of all weight tickets obtained in the determination of the shipment weight.
(c)
Reweighing of shipments . Before the actual commencement of the unloading of a shipment weighed at origin and after the shipper is informed of the billing weight and total charges, the shipper may request a reweigh. The charges shall be based on the reweigh weight.
[46 FR 16218, Mar. 11, 1981. Redesignated at 61 FR 54707, Oct. 21, 1996; 62 FR 49941, Sept. 24, 1997]
§ 375.8 Reasonable dispatch.
-
(a)
-
Unless accepted for transportation on the basis of guaranteed pickup and delivery dates:
(1)
Reasonable dis patch required. Each motor common carrier accepting shipments of household goods as defined in Sec. 375.1(b)(1) for transportation for the account of individual shippers shall cause such shipments to be transported with reasonable dispatch as defined in Sec. 375.1(b)(2).
(2)
Notification of delay in providing service with reasonable dispatch. Whenever a carrier is unable to perform either or both the pickup and delivery of a shipment on the dates or during the periods of time specified in the order for service, the carrier shall notify the shipper by telephone, telegram or in person, at the carrier's expense, of the delay. Such notification shall be given as soon as it becomes apparent to the carrier that it will be unable to provide the service in compliance with the terms of the order for service.
(3)
Carrier notification of delay. At the time of notification of delay the carrier shall advise the shipper of the dates or periods of time that pickup and/or delivery can be made, which considers the needs of the shipper. If the notification of delay occurs prior to the pickup of the shipment, the amendment shall be in writing as required by Sec. 375.5(b). If the notification of delay occurs subsequent to the pickup of the shipment, the carrier representative notifying the shipper of the delay shall prepare a written record of the date, time and manner of notification and the amended date or period of time for delivery by the carrier which record shall be retained by the carrier as part of its file on the shipment and a true copy thereof shall be furnished, by first class mail or in person, to the shipper.
(b)
Tendering for delivery. Except upon the request or concurrence of the shipper, a shipment being transported for an individual shipper shall not be tendered for delivery prior to the
agreed delivery date or period of time specified on the bill of lading: Provided, That whenever a carrier is able to tender such a shipment for final delivery more than 24 hours prior to such specified date or the first day of such specified period of time, and the shipper has not requested or concurred in such early delivery, the carrier may, at its option, place the shipment in storage for its own account and at its own expense in a warehouse located in proximity to the destination of the shipment. Whenever a carrier shall exercise such option it shall immediately notify the shipper of the name and address of the warehouse in which the shipment has been placed, and shall make and keep a record of such notification as a part of its record of shipment. The carrier's responsibility for the shipment under the terms and conditions of the bill of lading and its responsibility for the charges for redelivery, handling and storage thereof shall continue until final delivery: Provided, that the carrier's responsibility under the bill of lading shall not extend beyond the agreed delivery date or the first day of the period within which delivery was to have been accomplished as specified in the bill of lading.
[46 FR 16220, Mar. 11, 1981; 46 FR 22594 , Apr. 20, 1981, as amended at 62 FR 49941, Sept. 24, 1997]
§ 375.9 Notification of charges.
-
(a)
-
Whenever an individual shipper of a shipment being transported on a collect on delivery basis specifically requests notification of the actual weight or volume and charges on a shipment, and supplies the carrier with an address or telephone number at which the communication will be received, the carrier shall comply with such request upon determining the actual weight and charges. Such notification shall be made by telephone, telegram, or in person.
(b)