OMB No. 2126–0025
- Furnished by Your Mover, as Required by Federal Law
Authority: 49 U.S.C. 13301, 13704, 13707, and 14104; 49 CFR
1.73.
Table of
Contents
What is Included in this Booklet?
..........................................................................1
Why Was I Given This
Booklet?............................................................................3
What Are the Most Important Points I Should Remember From This
Booklet? ....4
What If I Have More
Questions?...........................................................................5
Subpart A—General Requirements
......................................................................6
Subpart B—Before Requesting Services From Any
Mover.................................13
Subpart C—Service Options
Provided................................................................26
Subpart D—Estimating
Charges.........................................................................29
Subpart E—Pickup of My Shipment of Household Goods
..................................36
Subpart F—Transportation of My
Shipment........................................................49
Subpart G—Delivery of My Shipment
.................................................................53
Subpart H—Collection of
Charges......................................................................56
Subpart I—Resolving Disputes With My Mover
..................................................62
0
What Is Included in This Booklet?
In this booklet, you will find a discussion of each of these
topics:
Why Was I Given This Booklet
?
What Are the Most Important Points I Should Remember From This
Booklet?
What If I Have More Questions?
Subpart A—General Requirements
Who must follow the regulations?
What definitions are used in this
booklet?
Where may other terms used in this
booklet be defined?
Subpart B—Before Requesting Services From Any Mover
What is my mover’s normal
liability for loss or damage when my mover accepts goods from me?
What actions by me limit or reduce
my mover’s normal liability?
What are dangerous or hazardous
materials that may limit or reduce my mover’s normal liability?
May my mover have agents?
What items must be in my mover’s
advertisements?
How must my mover handle complaints
and inquiries?
Do I have the right to inspect my
mover’s tariffs (schedules of rates or charges) applicable to my move?
Must my mover have an arbitration
program?
Must my mover inform me about my
rights and responsibilities under Federal
law?
What other information must my mover
provide to me?
How must my mover collect charges?
May my mover collect charges upon
delivery?
May my mover extend credit to me?
May my mover accept charge or credit
cards for my payments?
Subpart C—Service Options Provided
What service options may my mover
provide?
If my mover sells liability
insurance coverage, what must my mover do?
Subpart D—Estimating Charges
Must my mover estimate the
transportation and accessorial charges for my
move?
How must my mover estimate charges
under the regulations?
What payment arrangements must my
mover have in place to secure delivery
of my household goods shipment?
Subpart E—Pickup of My Shipment of Household Goods
Must my mover write up an order for
service?
Must my mover write up an inventory
of the shipment?
Must my mover write up a bill of
lading?
Should I reach an agreement with my
mover about pickup and delivery times?
Must my mover determine the weight
of my shipment?
How must my mover determine the
weight of my shipment?
What must my mover do if I want to
know the actual weight or charges for my
shipment before delivery?
Subpart F—Transportation of My Shipment
Must my mover transport the shipment
in a timely manner?
What must my mover do if it is able
to deliver my shipment more than 24 hours
before I am able to accept delivery?
What must my mover do for me when I
store household goods in transit?
Subpart G—Delivery of My Shipment
May my mover ask me to sign a
delivery receipt purporting to release it from
liability?
What is the maximum
collect-on-delivery amount my mover may demand I pay
at the time of delivery?
If my shipment is transported on
more than one vehicle, what charges may my
mover collect at delivery?
If my shipment is partially or
totally lost or destroyed, what charges may my
mover collect at delivery?
How must my mover calculate the
charges applicable to the shipment as
delivered?
Subpart H—Collection of Charges
Does this subpart apply to most
shipments?
How must my mover present its
freight or expense bill to me?
If I forced my mover to relinquish a
collect-on-delivery shipment before the
payment of ALL charges, how must my mover collect the balance?
What actions may my mover take to
collect from me the charges upon its freight
bill?
Do I have a right to file a claim to
recover money for property my mover lost or
damaged?
Subpart I—Resolving Disputes With My Mover
What may I do to resolve disputes
with my mover?
Why Was I Given This Booklet?
The Federal Motor Carrier Safety Administration’s (FMCSA)
regulations protect
consumers on interstate moves and define the rights and
responsibilities of
consumers and household goods carriers. The household goods carrier (mover) gave you this booklet to
provide information
about your rights and responsibilities as an individual shipper
of household goods.
Your primary responsibility is to select a reputable household
goods carrier,
ensure that you understand the terms and conditions of the
contract, and
understand and pursue the remedies that are available to you in
case problems
arise. You should talk to your mover if you have further
questions. The mover will
also furnish you with additional written information describing
its procedure for
handling your questions and complaints and a telephone number
you can call to
obtain additional information about your move.
What Are the Most Important Points I Should Remember
1. Movers must give written estimates.
2. Movers may give binding estimates.
3. Non-binding estimates are not always accurate; actual charges
may exceed
the estimate.
4. If your mover provides you (or someone representing you) with
any partially
complete document for your signature, you should verify the
document is as
complete as possible before signing it. Make sure the document
contains all
relevant shipping information, except the actual shipment weight
and any
other information necessary to determine the final charges for
all services
performed.
5. You may request from your mover the availability of
guaranteed pickup and
delivery dates.
6. Be sure you understand the mover’s responsibility for loss
or damage, and
request an explanation of the difference between valuation and
actual
insurance.
7. You have the right to be present each time your shipment is
weighed.
8. You may request a re-weigh of your shipment.
9. If you agree to move under a non-binding estimate, you should
confirm with your mover—in writing—the method of payment at delivery as
cash, certified
check, money order, cashier’s check, or credit card.
10. Movers must offer a dispute settlement program as an
alternative means of
settling loss or damage claims. Ask your mover for details.
11. You should ask the person you speak to whether he or she
works for the
actual mover or a household goods broker. A household goods
broker only
arranges for the transportation. A household goods broker must
not
represent itself as a mover. A household goods broker does not
own trucks
of its own. The broker is required to find an authorized mover
to provide the
transportation. You should know that a household goods broker
generally
has no authority to provide you an estimate on behalf of a
specific mover. If
a household goods broker provides you an estimate, it may not be
binding
on the actual mover and you may have to pay the actual charges
the mover
assesses. A household goods broker is not responsible for loss
or damage.
12. You may request complaint information about movers from
FMCSA under
the Freedom of Information Act (FOIA). You may be assessed a fee
to
obtain this information. See 49 CFR Part 7 for the schedule of
fees.
13. You should seek estimates from at least three different
movers. You should
not disclose any information to the different movers about their
competitors,
as it may affect the accuracy of their estimates.
What If I Have More Questions?
If this booklet does not answer all of your questions about your
move, do not
hesitate to ask your mover’s representative who handled the
arrangements for
your move, the driver who transports your shipment, or the mover’s
main office
for additional information.
Subpart A—General Requirements
The primary responsibility for your protection lies with you in
selecting a
Who Must Follow the Regulations?
The regulations inform motor carriers engaged in the interstate
transportation
What Definitions Are Used in This Booklet?
Accessorial (Additional) Services
—These
are services such as packing, appliance servicing, unpacking, or piano stair carries that you
request to be performed (or that are necessary because of landlord
requirements or other special circumstances). Charges for these services may be in
addition to the line-haul charges.
Advanced Charges
—These are
charges for services performed by someone other than the mover. A professional, craftsman, or other third
party may perform these services at your request. The mover pays for these
services and adds the charges to your bill of lading charges.
Advertisement
—This is any
communication to the public in connection with an offer or sale of any interstate household goods transportation
service. This will include written or electronic database listings of your mover’s
name, address, and telephone number in an on-line database. This excludes
listings of your mover’s name, address, and telephone number in a telephone
directory or similar publication. However, the Yellow Pages advertising is
included within the definition.
Agent
—A local moving company
authorized to act on behalf of a larger, national company.
Appliance Service by Third Party
—The
preparation of major electrical appliances to make them safe for shipment. Charges for these
services may be in addition to the line-haul charges.
Bill of Lading
—The receipt
for your goods and the contract for their transportation.
Carrier
—The mover
transporting your household goods.
Cash on Delivery (COD)
—This
means payment is required at the time of delivery at the destination residence (or warehouse).
Certified Scale
—Any scale
designed for weighing motor vehicles, including trailers or semitrailers 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 that is properly inspected and
certified.
Estimate, Binding
—This is a
written agreement made in advance with your mover. It guarantees the total cost of the move based upon the
quantities and services shown on the estimate.
Estimate, Non-Binding
—This
is what your mover believes the cost will be, based upon the estimated weight of the shipment and the
accessorial services requested. A non-binding estimate is not binding on the mover.
The final charges will be based upon the actual weight of your shipment,
the services provided, and the tariff provisions in effect.
Expedited Service
—This is an
agreement with the mover to perform transportation by a set date in exchange for charges based upon
a higher minimum weight.
Flight Charge
—A charge for
carrying items up or down flights of stairs. Charges for these services may be in addition to the line-haul
charges.
Guaranteed Pickup and Delivery Service
—
An additional level of service featuring guaranteed dates of service. Your mover will provide
reimbursement to you for delays. This premium service is often subject to
minimum weight requirements.
High-Value Article
—These are
items included in a shipment valued at more than $100 per pound ($220 per kilogram).
Household Goods
, as
used in connection with transportation, means the
you (or another individual on your behalf) must pay the
transportation charges to the mover.
Household Goods Motor Carrier
means
a motor carrier that, in the ordinary
Individual Shipper
—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.
Impracticable Operations
generally
refer to services required
when operating conditions make it physically impossible for the carrier to
perform pickup or delivery with its normally assigned road-haul equipment;
requires the use of smaller equipment and/or additional labor to complete pickup or
delivery of a shipment. A mover may require payment of additional charges for impracticable operations, even if you do not request these
services. The specific services considered to be impracticable operations by
your mover are defined in your mover’s tariff.
Inventory
—The detailed
descriptive list of your household goods showing the number and condition of each item.
Line-Haul Charges
—The
charges for the vehicle transportation portion of your move. These charges, if separately stated, apply in addition to
the accessorial service charges.
Long Carry
—A charge for
carrying articles excessive distances between the mover’s vehicle and your residence. Charges for these services
may be in addition to the line-haul charges.
May
—An option. You or your
mover may do something, but it is not a requirement.
Mover
—A motor carrier
engaged in the transportation of household goods and its household goods agents.
Must
—A legal obligation. You
or your mover must do something.
Order for Service
—The
document authorizing the mover to transport your household goods.
Order (Bill of Lading) Number
—The
number used to identify and track your shipment.
Peak Season Rates
—Higher
line-haul charges applicable during the summer months. 4700
E:\FR\FM\05MRR3.SGM 05MRR3
Pickup and Delivery Charges
—Separate
transportation charges applicable for transporting your shipment between the storage-in-transit
warehouse and your residence.
Reasonable Dispatch
—The
performance of transportation on the dates, or during the period of time, agreed upon by you and your mover and
shown on the Order for Service/Bill of Lading. For example, if your mover
deliberately withholds any shipment from delivery after you offer to pay the
binding estimate, or 110 percent of a non-binding estimate, plus any
charges for additional services you requested, or permissible charges for
impracticable operations that were not included in the estimate, your mover
has not transported the goods with reasonable dispatch. The term ‘‘reasonable
dispatch’’ excludes transportation provided under your mover’s
tariff provisions requiring guaranteed service dates. Your mover will have the
defense of force majeure, i.e.,
the contract cannot be performed owing to causes that are
Should
—A recommendation. We
recommend you or your mover do something, but it is not a requirement.
Shuttle Service
—The use of a
smaller vehicle to provide service to residences not accessible to the mover’s normal line-haul vehicles.
Storage-In-Transit (SIT)
—The
temporary warehouse storage of your shipment, pending further transportation, with or without
notification to you. If you (or someone representing you) cannot accept delivery on the
agreed-upon date or within the agreed-upon time period (for example, because
your home is not quite ready to occupy), your mover may place your shipment
into SIT without notifying you. In those circumstances, you will be
responsible for the added charges for SIT service, as well as the warehouse handling
and final
delivery charges. However, your mover also may place your
shipment into SIT if your mover was able to make delivery before the agreed-upon
date (or before the first day of the agreed-upon delivery period), but you did
not concur with early delivery. In those circumstances, your mover must notify
you immediately of the SIT, and your mover is fully responsible for redelivery
charges, handling
charges, and storage charges.
Surface Transportation Board
—An
agency within the U.S. Department of Transportation that regulates household goods carrier tariffs,
among other responsibilities. The Surface Transportation Board’s address
is 1925 K Street, NW, Washington, DC 20423–0001, Telephone 202–565–1674.
Tariff
—An issuance (in whole
or in part) containing rates, rules, regulations, classifications, or other provisions. The Surface Transportation
Board requires that a tariff contain three specific items. First, an accurate
description of the services the mover offers to the public. Second, the specific
applicable rates (or the basis for calculating the specific applicable rates) and
service terms for services offered to the public. Third, the mover’s tariff must
be arranged in a way that allows you to determine the exact rate(s) and service
terms applicable to your shipment.
Valuation
—The degree of
worth of the shipment. The valuation charge compensates the mover for assuming a greater degree of liability
than is provided for in its base transportation charges.
Warehouse Handling
—A charge
may be applicable each time SIT service is provided. Charges for these services may be in addition to the
line-haul charges. This charge compensates the mover for the physical
placement and removal of items within the warehouse.
We, Us,
and Our—The
Federal Motor Carrier Safety Administration (FMCSA).
You
and Your—You
are an individual shipper of household goods. You are a consignor or consignee of a household goods shipment and your
mover identifies you as such in the bill of lading contract. You own
the goods being transported and ay the transportation charges to the mover.
Where May Other Terms Used In This Booklet Be Defined?
You may find other terms used in this booklet defined in 49
U.S.C. 13102. The
Subpart B—Before Requesting Services From Any Mover
What Is My Mover’s Normal Liability for Loss or Damage When My
Mover
Accepts Goods From Me?
In general, your mover is legally liable for loss or damage that
occurs during
performance of any transportation of household goods and of all
related services
identified on your mover’s lawful bill of lading.
Your mover is liable for loss of, or damage to, any household
goods to the extent
provided in the current Surface Transportation Board’s
Released Rates Order.
You may obtain a copy of the current Released Rates Order by
contacting the
Surface Transportation Board at the address provided under the
definition of the
Surface Transportation Board. The rate may be increased annually
by your mover
based on the U.S. Department of Commerce’s Cost of Living
Adjustment. Your
mover may have additional liability if your mover sells
liability insurance to you.
All moving companies are required to assume liability for the
value of the goods
transported. However, there are different levels of liability,
and you should be
aware of the amount of protection provided and the charges for
each option. Basically, most movers offer two different levels of liability
under the terms of their
tariffs and the Surface Transportation Board’s Released Rates
Orders. These
orders govern the moving industry.
Full-Value Protection (FVP)
—This
is the most comprehensive option available for the protection of your goods. Unless
you waive full-value protection in writing and agree to Released Value Protection as described
below, your shipment will be transported under your mover’s FULL
(REPLACEMENT)
VALUE level of liability.
If any
article is lost, destroyed, or damaged while in your mover’s custody, your mover will, at its option, either: 1)
repair the article to the extent necessary to restore it to the same condition as when it
was received by your mover, or pay you for the cost of such repairs; 2) replace
the article with an article of like kind; or 3) pay you for the cost of a
replacement article at the current market replacement value, regardless of the age of the lost or
damaged article. Your mover will charge you for this level of protection, or you
may select the alternative level of liability described below. The cost for FVP is based on the value that you place on your
shipment; for example, the valuation charge for a shipment valued at $25,000
would be about $250.00. However, the exact cost for full-value protection may
vary by mover and may be further subject to various deductible levels of liability
that may reduce your cost. Ask your mover for the details and cost of its specific
plan. Under the FVP level of liability, movers are permitted to limit
their liability for loss or damage to articles of extraordinary value, unless you
specifically list these articles on the shipping documents. An article of extraordinary value is
any item whose value exceeds $100 per pound (for example, jewelry, silverware,
china, furs, antiques, oriental rugs, and computer software). Ask your mover
for a complete explanation of this limitation before your move. It is your
responsibility to study this provision carefully and to make the necessary declaration.
Release Value of
60 Cents Per
Pound Per Article. This is the most economical
These two levels of liability are not insurance agreements
that
are governed by State insurance laws, but instead are contractual tariff
levels of liability authorized under Released Rates Orders of the Surface
Transportation Board of the U.S. Department of Transportation. In addition to these options, some movers may also offer to
sell, or procure for you, separate liability insurance from a third-party insurance
company when you release your shipment for transportation at the minimum released
value [60 cents per pound ($1.32 per kilogram) per article]. This is
not valuation coverage governed by Federal law, but optional insurance
regulated under State law. If you purchase this separate coverage and your mover is
responsible for loss or damage, the mover is liable only for an amount not exceeding
60 cents per pound ($1.32 per kilogram) per article, and the balance of the
loss is recoverable from the insurance company up to the amount of insurance
purchased. The mover’s representative can advise you of the availability of
such liability insurance, and the cost. If you purchase liability insurance from, or through your mover,
the mover is required to issue a policy or other written record of the
purchase and to provide you with a copy of the policy or other document at the time of
purchase. If the mover
fails to comply with this requirement, the mover becomes fully
liable for any claim for loss or damage attributed to its negligence.
What Actions by Me Limit or Reduce My Mover’s Normal
Liability?
Your actions may limit or reduce your mover’s normal liability
under the following
three circumstances:
1. You include perishable, dangerous, or hazardous materials in
your
household goods without your mover’s knowledge.
2. You choose the alternative level of liability (60 cents per
pound per article)
but ship household goods valued at more than 60 cents per pound
($1.32 per kilogram) per article.
3. You fail to notify your mover in writing of articles valued
at more than
$100 per pound ($220 per kilogram). (If you
do
notify your mover, you will be entitled to full recovery up to the declared value of the
article or articles, not to exceed the declared value of the entire shipment.)
What Are Dangerous or Hazardous Materials That May Limit or
Reduce My
Mover’s Normal Liability?
Federal law forbids you to ship hazardous materials in your
household goods
boxes or luggage without informing your mover. A violation can
result in five years’
imprisonment and penalties of $250,000 or more (49 U.S.C. 5124).
You could also
lose or damage your household goods by fire, explosion, or
contamination.
If you offer hazardous materials to your mover, you are
considered a hazardous
materials shipper and must comply with the hazardous materials
requirements in
49 CFR Parts 171, 172, and 173, including but not limited to
package labeling and
marking, shipping papers, and emergency response information.
Your mover must comply with 49 CFR Parts 171, 172, 173, and 177 as a
hazardous materials
carrier.
Hazardous materials include explosives, compressed gases,
flammable liquids
and solids, oxidizers, poisons, corrosives, and radioactive
materials. Examples
include the following: nail polish remover, paints, paint
thinners, lighter fluid,
gasoline, fireworks, oxygen bottles, propane cylinders,
automotive repair and
maintenance chemicals, and radio-pharmaceuticals.
There are special exceptions for small quantities (up to 70
ounces total) of
medicinal and toilet articles carried in your household goods
and certain smoking
materials carried on your person. For further information,
contact your mover.
May My Mover Have Agents?
Yes, your mover may have agents. If your mover has agents, your
mover must
have written agreements with its prime agents. Your mover and
its retained prime
agent must sign their agreements. Copies of your mover’s prime
agent
agreements must be in your mover’s files for a period of at
least 24 months
following the date of termination of each agreement.
What Items Must Be in My Mover’s Advertisements?
Your mover must publish and use only truthful, straightforward,
and honest
1. Name or trade name of the mover under whose U.S. DOT number
the
advertised service will originate.
2. U.S. DOT number, assigned by FMCSA, authorizing your mover to
operate.
Your mover must display the information as: U.S. DOT No.
(assigned
number).
You should compare the name or trade name of the mover and its
U.S. DOT
number to the name and U.S. DOT number on the sides of the
truck(s) that arrive
at your residence. The names and numbers should be identical. If
the names and
numbers are not identical, you should ask your mover immediately
why they are
not. You should not allow the mover to load your household goods
on its truck(s)
until you obtain a satisfactory response from the mover’s
local agent. The
discrepancies may warn of problems you will have later in your
business dealings
with this mover.
How Must My Mover Handle Complaints and Inquiries?
All movers are expected to respond promptly to complaints or
inquiries from you,
the customer. Should you have a complaint or question about your
move, you
should first attempt to obtain a satisfactory response from the
mover’s local agent,
the sales representative who handled the arrangements for your
move, or the
driver assigned to your shipment.
If for any reason you are unable to obtain a satisfactory
response from one of these
persons, you should then contact the mover’s principal office.
When you make
such a call, be sure to have available your copies of all
documents relating to your
move. Particularly important is the
number assigned to your shipment by your
mover. Interstate movers are also required to offer neutral arbitration
as a means of resolving consumer disputes involving loss of or damage to your
household goods shipment and disputes regarding charges that your mover billed
in addition to those collected at delivery. Your mover is required to provide
you with information regarding its arbitration program. You have the right to pursue
court action under 49 U.S.C. 14706 to seek judicial redress directly rather than
participate in your mover’s arbitration program.
All interstate moving companies are required to maintain a
complaint and inquiry procedure to assist their customers. At the time you make the
arrangements for your move, you should ask the mover’s representative for a
description of the mover’s procedure, the telephone number to be used to contact
the mover, and whether the mover will pay for such telephone calls.
Your mover’s procedure must include the following four items:
1. A communications system allowing you to communicate with your
mover’s
principal place of business by telephone.
2. A telephone number.
3. A clear and concise statement about who must pay for
complaint and inquiry
telephone calls.
4. A written or electronic record system for recording all
inquiries and
complaints received from you by any means of communication.
Your mover must give you a clear and concise written description
of its procedure. You may want to be certain that the system is in place.
Do I Have the Right to Inspect My Mover’s Tariffs (Schedules
of Rates or
Charges) Applicable to My Move?
Federal law requires your mover to advise you of your right to
inspect your mover’s
tariffs (its schedules of rates or charges) governing your
shipment. Mover’s tariffs
are made a part of the contract of carriage (bill of lading)
between you and the
mover. You may inspect the tariff at the mover’s facility, or,
upon request, the mover will furnish you a free copy of any tariff provision
containing the mover’s
rates, rules, or charges governing your shipment.
Tariffs may include provisions limiting the mover’s liability.
This would generally be
described in a section on declaring value on the bill of lading.
A second tariff
provision may set the periods for filing claims. This would
generally be described
in Section 6 on the reverse side of a bill of lading. A third
tariff provision may
reserve your mover’s right to assess additional charges for
additional services
performed. For non-binding estimates, another tariff provision
may base charges
upon the exact weight of the goods transported. Your mover’s
tariff may contain
other provisions that apply to your move. Ask your mover what
they might be, and
request a copy.
Must My Mover Have an Arbitration Program?
Your mover must have an arbitration program for your use in
resolving disputes
concerning loss or damage to your household goods and disputes
regarding
charges that were billed to you in addition to those collected
at delivery of your
shipment. You have the right not to participate in the
arbitration program. You
may pursue court action under 49 U.S.C. 14706 to seek judicial
remedies directly.
Your mover must establish and maintain an arbitration program
with the following
11 minimum elements:
1. The arbitration program offered to you must prevent your
mover from having
any special advantage because you live or work in a place
distant from the
mover’s principal or other place of business.
2. Before your household goods are tendered for transport, your
mover must
provide notice to you of the availability of neutral
arbitration, including the
following three items:
a. A summary of the arbitration procedure.
b. Any applicable costs.
c. A disclosure of the legal effects of electing to use
arbitration.
3. Upon your request, your mover must provide information and
forms it
considers necessary for initiating an action to resolve a
dispute under
arbitration.
4. Each person authorized to arbitrate must be independent of
the parties to the
dispute and capable of resolving such disputes fairly and
expeditiously. Your
mover must ensure the arbitrator is authorized and able to
obtain from you or
your mover any material or relevant information to carry out a
fair and
expeditious decision-making process.
5. You must not be required to pay more than one-half of the
arbitration’s cost.
The arbitrator may determine the percentage of payment of the
costs for
each party in the arbitration decision, but must not make you
pay more than
half.
6. Your mover must not require you to agree to use arbitration
before a dispute
arises.
7. You and your mover will be bound by arbitration for claims of
$10,000 or less
if you request arbitration.
8. You and your mover will be bound by arbitration for claims of
more than
$10,000 only if you request arbitration and your mover agrees to
it.
9. If you and your mover both agree, the arbitrator may provide
for an oral
presentation of a dispute by a party or representative of a
party.
10. The arbitrator must render a decision within 60 days of
receipt of written
notification of the dispute, and a decision by an arbitrator may
include any
remedies appropriate under the circumstances.
11. The 60-day period may be extended for a reasonable period if
you fail, or
your mover fails, to provide information in a timely manner.
Your mover must
produce and distribute a concise, easy-to-read, and accurate
summary of its
arbitration program.
Must My Mover Inform Me About My Rights and Responsibilities
Under
Federal Law?
Yes, your mover must inform you about your rights and
responsibilities under
Federal law. Your mover must produce and distribute this
document. It should be
in the general order and contain the text of Appendix A to 49
CFR Part 375.
What Other Information Must My Mover Provide To Me?
At the time your mover provides a written estimate, it must
provide you with a copy
of the U.S. Department of Transportation publication
FMCSA-ESA-03-005 entitled
“Ready to Move?” (or its successor publication). Before your
mover executes an
order for service for a shipment of household goods, your mover
must furnish you
with the following four documents:
1. The contents of Appendix A, ‘‘Your Rights and
Responsibilities When You
Move’’ - this booklet.
2. A concise, easy-to-read, and accurate summary of your mover’s
arbitration
program.
3. A notice of availability of the applicable sections of your
mover’s tariff for the
estimate of charges, including an explanation that you may
examine the
tariff sections, or have copies sent to you upon request.
4. A concise, easy-to-read, accurate summary of your mover’s
customer
complaint and inquiry handling procedures. Included in this
summary must
be the following two items:
a. The main telephone number you may use to communicate with
your
mover.
b. A clear and concise statement concerning who must pay for
telephone calls.
Your mover may, at its discretion, provide additional
information to you.
How Must My Mover Collect Charges?
Your mover must issue you an honest, truthful freight or expense
bill for each
shipment transported. Your mover’s freight or expense bill
must contain the
following 17 items:
1. Name of the consignor.
2. Name of the consignees.
3. Date of the shipment.
4. Origin point.
5. Destination points.
6. Number of packages.
7. Description of the freight.
8. Weight of the freight (if your shipment is moved under a
non-binding
estimate).
9. Exact rate(s) assessed.
10. Disclosure of the actual rates, charges, and allowances for
the
transportation service, when your mover electronically presents
or
transmits freight or expense bills to you. These rates must be
in
accordance with the mover’s applicable tariff.
11. An indication of whether adjustments may apply to the bill.
12. Total charges due and acceptable methods of payment.
13. The nature and amount of any special service charges.
14. The points where special services were rendered.
15. Route of movement and name of each mover participating in
the
transportation.
16. Transfer points where shipments moved.
17. Address where you must pay or address of bill issuer’s
principal place of
business.
Your mover must present its freight or expense bill to you
within 15 days of the date
of delivery of a shipment at its destination. The computation of
time excludes Saturdays, Sundays, and Federal holidays. If your mover lacks
sufficient
information to compute its charges, your mover must present its
freight bill for
payment within 15 days of the date when sufficient information
does become
available.
May My Mover Collect Charges Upon Delivery?
Yes. Your mover must specify the form of payment acceptable at
delivery when
the mover prepares an estimate and order for service. The mover
and its agents
must honor the form of payment at delivery, except when you
mutually agree to a
change in writing. The mover must also specify the same form of
payment when it prepares your bill of lading, unless you agree to a change. See
also ‘‘May my
mover accept charge or credit cards for my payments?”
You must be prepared to pay ten percent more than the estimated
amount, if your
goods are moving under a non-binding estimate. Every
collect-on-delivery shipper
must have available 110 percent of the estimate at the time of
delivery. In addition,
your mover may also collect at the time of delivery the cost of
any additional
services that you requested after the contract with your mover
was executed that
were not included in the estimate, and the charges for impracticable operations
needed to accomplish delivery, as defined by the carrier’s
tariff. Additional
charges collected at the time of delivery for impracticable
operations may not
exceed 15 percent of all other charges due at the time of
delivery. You must pay all
remaining charges for impracticable operations within 30 days
after you receive
the mover’s freight bill.
May My Mover Extend Credit to Me?
Extending credit to you is not the same as accepting your charge
or credit card(s)
as payment. Your mover may extend credit to you in the amount of
the tariff
charges. If your mover extends credit to you, your mover becomes
like a bank
offering you a line of credit, whose size and interest rate are
determined by your
ability to pay its tariff charges within the credit period. Your
mover must ensure you will pay its tariff charges within the credit period. Your mover
may relinquish
possession of freight before you pay its tariff charges, at its
discretion.
The credit period must begin on the day following presentation
of your mover’s
freight bill to you. Under Federal regulation, the standard
credit period is 7 days,
excluding Saturdays, Sundays, and Federal holidays. Your mover
must also
extend the credit period to a total of 30 calendar days if the
freight bill is not paid
within the 7-day period. A service charge equal to one percent
of the amount of the
freight bill, subject to a $20 minimum, will be assessed for
this extension and for
each additional 30-day period the charges go unpaid.
Your failure to pay within the credit period will require your
mover to determine
whether you will comply with the Federal household goods
transportation credit
regulations in good faith in the future before extending credit
again.
May My Mover Accept Charge or Credit Cards for My Payments?
Your mover may allow you to use a charge or credit card for
payment of the freight
charges. Your mover may accept charge or credit cards whenever
you ship with it
under an agreement and tariff requiring payment by cash or cash
equivalents.
Cash equivalents are a certified check, money order, or cashier’s
check (a check
that a financial institution—bank, credit union, savings and
loan—draws upon itself
and that is signed by an officer of the financial institution).
If your mover allows you to pay for a freight or expense bill by
charge or credit card,
your mover deems such a payment to be equivalent to payment by
cash, certified
check, or cashier’s check. It must note in writing on the
order for service and the
bill of lading whether you may pay for the transportation and
related services using
a charge or credit card. You should ask your mover at the time
the estimate is
written whether it will accept charge or credit cards at the
time of delivery. The mover must specify what charge or credit cards it will
accept, such as
American Express™, Discover™, MasterCard™, or Visa™. If
your mover agrees
to accept payment by charge or credit card, you must arrange
with your mover for
the delivery only at a time when your mover can obtain
authorization for your credit
card transaction. If you cause a charge or credit card issuer to
reverse a
transaction, your mover may consider your action tantamount to
forcing your
mover to provide an involuntary extension of its credit.
Subpart C—Service Options Provided
What Service Options May My Mover Provide?
Your mover may provide any service options it chooses. It is
customary for movers
to offer several price and service options.
The total cost of your move may increase if you want additional
or special services.
Before you agree to have your shipment moved under a bill of
lading providing
special service, you should have a clear understanding with your
mover of what
the additional cost will be. You should always consider whether
other movers
might provide the services you require without requiring you to
pay the additional
charges.
One service option is a
space
reservation. If you agree to have your
shipment expedited
service. This aids you if you must have your
exclusive
use of a vehicle. If
for any reason you desire or require that your shipment be moved by itself on
the mover’s truck or trailer, most movers will provide such service. Another service option is guaranteed
service on or between agreed dates. You
enter into an agreement with the mover where the mover provides
for your shipment to be picked up, transported to destination, and
delivered on specific guaranteed dates. If the mover fails to provide the service as
agreed, you are entitled to be compensated at a predetermined amount or a daily
rate (per diem) regardless of the expense you might actually have incurred as a
result of the mover’s failure to perform. Before requesting or agreeing to any of these price and service
options, be sure to ask the mover’s representatives about the final costs you will
pay.
Transport of Shipments on Two or More Vehicles
Although all movers try to move each shipment on one truck, it
becomes
necessary, at times, to divide a shipment among two or more
trucks. This may
occur if your mover has underestimated the cubic feet (meters)
of space required
for your shipment and it will not all fit on the first truck.
Your mover will pick up the
remainder, or ‘‘leave behind,’’ on a second truck at a
later time, and this part of
your shipment may arrive at the destination later than the first
truck. When this
occurs, your transportation charges will be determined as if the
entire shipment
had moved on one truck.
If it is important for you to avoid this inconvenience of a
‘‘leave behind,’’ be sure
your estimate includes an accurate calculation of the cubic feet
(meters) required
for your shipment. Ask your estimator to use a ‘‘Table of
Measurements’’ form in
making this calculation. Consider asking for a binding estimate.
A binding
estimate is more likely to be conservative with regard to cubic
feet (meters) than a
non-binding estimate. If the mover offers space reservation
service, consider
purchasing this service for the necessary amount of space plus
some margin for
error.
In any case, you would be prudent to ‘‘prioritize’’ your
goods in advance of the
move so the driver will load the more essential items on the
first truck if some are
left behind.
If My Mover Sells Liability Insurance Coverage, What Must My
Mover Do?
If your mover provides the service of selling additional
liability insurance, your
mover must follow certain regulations.
Your mover, its employees, or its agents, may sell, offer to
sell, or procure
additional liability insurance coverage for you for loss or
damage to your shipment
if you release the shipment for transportation at a value not
exceeding 60 cents per
pound ($1.32 per kilogram) per article.
Your mover may offer, sell, or procure any type of insurance
policy covering loss or
damage in excess of its specified liability.
Your mover must issue you a policy or other appropriate evidence
of the insurance
you purchased. Your mover must provide a copy of the policy or
other appropriate
evidence to you at the time your mover sells or procures the
insurance. Your
mover must issue policies written in plain English.
Your mover must clearly specify the nature and extent of
coverage under the
policy. Your mover’s failure to issue you a policy, or other
appropriate evidence of
insurance you purchased, will subject your mover to full
liability for any claims to
recover loss or damage attributed to it.
Your mover’s tariff must provide for liability insurance
coverage. The tariff must
also provide for the base transportation charge, including its
assumption of full
liability for the value of the shipment. This would offer you a
degree of protection in
the event your mover fails to issue you a policy or other
appropriate evidence of
insurance at the time of purchase.
Subpart D—Estimating Charges
Must My Mover Estimate the Transportation and Accessorial
Charges for My
Move?
We require your mover to prepare a written estimate on every
shipment
transported for you. You are entitled to a copy of the written
estimate when your
mover prepares it. Your mover must provide you a written
estimate of all charges,
including transportation, accessorial, and advance charges. Your
mover’s ‘‘rate
quote’’ is not an estimate. You and your mover must sign the
estimate of charges.
Your mover must provide you with a dated copy of the estimate of
charges at the
time you sign the estimate.
If the location that you are moving from is located within a 50
mile radius of your
mover’s (or its agent’s) place of business, the estimate
that your mover provides to
you must be based on a physical survey of your goods. You may
waive the
requirement for a physical survey if you choose, but your waiver
must be in the
form of a written agreement signed by you before your shipment
is loaded.
You should be aware that if you receive an estimate from a
household goods
broker, the mover may not be required to accept the estimate. Be
sure to obtain a
written estimate from the mover if a mover tells you orally that
it will accept the
broker’s estimate.
Your mover must specify the form of payment the mover and its
delivering agent
will honor at delivery. Payment forms may include, but are not
limited to, cash,
certified check, money order, cashier’s check, a specific
charge card such as
American Express™, a specific credit card such as Visa™, and
your mover’s own
credit. Before loading your household goods, and upon mutual agreement
between you
and your mover, your mover may amend an estimate of charges.
Your mover may
not amend the estimate after loading the shipment.
A
binding estimate is
a written agreement made in advance with your mover, indicating you and the mover are bound by the charges. It
guarantees the total cost of the move based upon the quantities and services shown on
your mover’s estimate. A non-binding estimate is
what your mover believes the total cost will be for the move, based upon the estimated weight of the shipment and the
accessorial services requested. A non-binding estimate is not binding on
your mover. The estimate must indicate that your final charges will be based
upon the actual weight of your shipment, the services provided, and the mover’s
tariff provisions in effect. You should be prepared to pay ten percent more than the
estimated amount at delivery. You must also be prepared to pay at delivery the cost of any
additional services that you requested after the contract was executed that were not
included in the estimate and charges for impracticable operations. Impracticable
operations are defined in your mover’s tariff and you should ask to see the
mover’s tariff to determine what services constitute impracticable operations.
Charges for impracticable operations due at delivery may not exceed 15
percent of all other charges due at delivery.
How Must My Mover Estimate Charges Under the Regulations?
Binding Estimates
Your mover may charge you for providing a binding estimate. The
binding
estimate must clearly describe the shipment and all services
provided.
When you receive a binding estimate, you cannot be required to
pay any more
than the estimated amount at delivery. If you have requested the
mover provide
more services than those included in the estimate, your mover
will collect the
charges for those services when your shipment is delivered.
However, charges for
impracticable operations due at delivery may not exceed 15
percent of all other
charges due at delivery.
A binding estimate must be in writing, and a copy must be made
available to you
before you move.
If you agree to a binding estimate, you are responsible for
paying the charges due
by cash, certified check, money order, or cashier’s check. The
charges are due to
your mover at the time of delivery unless your mover agrees,
before you move, to
extend credit or to accept payment by a specific charge card
such as American
Express™ or a specific credit card such as Visa™. If you are
unable to pay at the
time the shipment is delivered, the mover may place your
shipment in storage at
your expense until you pay the charges.
Other requirements of binding estimates include the following
eight elements:
1. Your mover must retain a copy of each binding estimate as an
attachment to
the bill of lading.
2. Your mover must clearly indicate upon each binding estimate’s
face that the
estimate is binding upon you and your mover. Each binding
estimate must
also clearly indicate on its face that the charges shown are the
charges to be
assessed for only those services specifically identified in the
estimate.
3. Your mover must clearly describe binding estimate shipments
and all
services to be provided.
4. If, before loading your shipment, your mover believes you are
tendering
additional household goods or are requiring additional services
not identified
in the binding estimate, and you and your mover cannot reach an
agreement,
your mover may refuse to service the shipment. If your mover
agrees to
service the shipment, your mover must provide one of the
following three
items:
a. Reaffirm the binding estimate.
b. Negotiate a revised written binding estimate listing the
additional
household goods or services.
c. Add an attachment to the contract, in writing, stating you
both will
consider the original binding estimate as a non-binding
estimate.
You should read more below. This may seriously affect how much
you may pay for the entire move.
5. Once your mover loads your shipment, your mover’s failure
to execute a new
binding estimate or to agree with you to treat the original
estimate as a
non-binding estimate signifies it has reaffirmed the original
binding estimate.
Your mover may not collect more than the amount of the original
binding
estimate, except as provided in the next two paragraphs.
6. If you request additional services after the bill of lading
is executed, your
mover will collect the charges for these additional services
when your
shipment is delivered.
7. If your mover must perform impracticable operations, as
defined in its tariff, to
accomplish the delivery of your shipment, your mover will
collect the charges
for these services when your shipment is delivered. However,
charges for
impracticable operations collected at delivery must not exceed
15 percent of
all other charges due at delivery. Any remaining impracticable
operations
charges must be paid within 30 days after you receive the mover’s
freight bill.
8. Failure of your mover to relinquish possession of a shipment
upon your offer
to pay the binding estimate amount plus the cost of any
additional services
that you requested after the contract was executed, and the
charges for
impracticable operations, not to exceed 15 percent of all other
charges due at
delivery, constitutes failure to transport a shipment with
‘‘reasonable
dispatch’’ and subjects your mover to cargo delay claims
pursuant to
49 CFR Part 370.
Non-Binding Estimates
Your mover is not permitted to charge you for giving a
non-binding estimate.
A non-binding estimate is not a bid or contract. Your mover
provides it to you to
give you a general idea of the cost of the move, but it does not
bind your mover to
the estimated cost. You should expect the final cost to be more
than the estimate.
The actual cost will be calculated based on your mover’s
tariffs. Federal law
requires your mover to collect the charges in accordance with
its tariffs, regardless
of what your mover writes in its non-binding estimates. That is
why it is important
to ask for copies of the applicable portions of the mover’s
tariffs before deciding on
a mover. The charges contained in movers’ tariffs are
essentially the same for the
same weight shipment moving the same distance. If you obtain
different
non-binding estimates from different movers, you must pay only
the amount
specified in your mover’s tariff. Therefore, a non-binding
estimate may not be the
amount that you will ultimately have to pay.
You must be prepared to pay ten percent more than the estimated
amount at the
time of delivery. Every collect-on-delivery shipper must have
available
110 percent of the estimate at the time of delivery. If you
order additional services
from your mover after your goods are in transit, the mover will
collect the charges
for those additional services when your shipment is delivered.
You may also have to pay additional charges at delivery for
impracticable
operations performed by your mover.
Non-binding estimates must be in writing and clearly describe
the shipment and all
services provided. Any time a mover provides such an estimate,
the amount of the
charges estimated must be on the order for service and bill of
lading related to your
shipment. When you are given a non-binding estimate, do not sign
or accept the
order for service or bill of lading unless the mover enters the
amount estimated on
each form it prepares.
Other requirements of non-binding estimates include the
following ten elements:
1. Your mover must provide reasonably accurate non-binding
estimates based
upon the estimated weight of the shipment and services required.
2. Your mover must explain to you that all charges on shipments
moved under
non-binding estimates will be those appearing in your mover’s
tariffs
applicable to the transportation. If your mover provides a
non-binding
estimate of approximate costs, your mover is not bound by such
an estimate.
3. Your mover must furnish non-binding estimates without charge
and in writing
to you.
4. Your mover must retain a copy of each non-binding estimate as
an
attachment to the bill of lading.
5. Your mover must clearly indicate on the face of a non-binding
estimate that
the estimate is not binding upon your mover and the charges
shown are the
approximate charges to be assessed for the services identified
in the
estimate.
6. Your mover must clearly describe on the face of a non-binding
estimate the
entire shipment and all services to be provided.
7. If, before loading your shipment, your mover believes you are
tendering
additional household goods or requiring additional services not
identified in
the non-binding estimate, and you and your mover cannot reach an
agreement, your mover may refuse to service the shipment. If
your mover
agrees to service the shipment, your mover must provide one of
the following
two estimates:
a. Reaffirm the non-binding estimate.
b. Negotiate a revised written non-binding estimate listing the
additional
household goods or services.
8. Once your mover loads your shipment, your mover’s failure
to execute a new
estimate signifies it has reaffirmed the original non-binding
estimate. Your
mover may not collect more than 110 percent of the amount of
this estimate
at destination for the services and quantities shown on the
estimate.
9. If you request additional services after the bill of lading
is executed, your
mover will collect the charges for these additional services
when your
shipment is delivered.
10. If your mover must perform impracticable operations, as
defined in its tariff, to
accomplish the delivery of your shipment, your mover will
collect the charges
for these services when your shipment is delivered. However,
charges for
impracticable operations collected at delivery must not exceed
15 percent of
all other charges due at delivery. Any remaining impracticable
operations
charges must be paid within 30 days after you receive the mover’s
freight bill.
If your mover furnishes a non-binding estimate, your mover must
enter the
estimated charges upon the order for service and upon the bill
of lading. Your
mover must retain a record of all estimates of charges for each
move performed for
at least one year from the date your mover made the estimate.
What Payment Arrangements Must My Mover Have in Place To Secure
Delivery of My Household Goods Shipment?
If your total bill is 110 percent or less of the non-binding
estimate, the mover can
require payment in full upon delivery. If the bill exceeds 110
percent of the
non-binding estimate, your mover must relinquish possession of
the shipment at
the time of delivery upon payment of 110 percent of the
estimated amount, and
defer billing for the remaining charges for at least 30 days.
There are two exceptions to this requirement. Your mover may
demand payment
at the time of delivery of the cost of any additional services
that you requested after
the contract was executed that were not included in the
estimate. Your mover may
also require you to pay charges for impracticable operations at
the time of delivery,
provided these charges do not exceed 15 percent of all other
charges due at
delivery. Impracticable operations charges that exceed 15
percent of all other
charges due at delivery are due within 30 days after you receive
the mover’s freight
bill. Your mover should have specified its acceptable form of
payment on the
estimate, order for service, and bill of lading. Your mover’s
failure to relinquish
possession of a shipment after you offer to pay 110 percent of
the estimated
charges, plus the cost of any additional services that you
requested after the
contract was executed that were not included in the estimate,
and the charges for
impracticable operations, not to exceed 15 percent of all other
charges due at
delivery, constitutes failure to transport the shipment with
‘‘reasonable dispatch’’
and subjects your mover to cargo delay claims under 49 CFR Part
370.
Subpart E—Pickup of My Shipment of Household Goods
Must My Mover Write Up an Order for Service?
We require your mover to prepare an order for service on every
shipment
transported for you. You are entitled to a copy of the order for
service when your
mover prepares it.
The order for service is not a contract. Should you cancel or
delay your move, or if
you decide not to use the mover, you should promptly cancel the
order.
If you or your mover change any agreed upon dates for pickup or
delivery of your
shipment, or agree to any change in the non-binding estimate,
your mover may
prepare a written change to the order for service. The written
change must be
attached to the order for service.
The order for service must contain the following 15 elements:
1. Your mover’s name and address and the U.S. DOT number
assigned to your
mover.
2. Your name, address and, if available, telephone number(s).
3. The name, address, and telephone number of the delivering
mover’s office or
agent at or nearest to the destination of your shipment.
4. A telephone number where you may contact your mover or its
designated
agent.
5. One of the following three dates and times:
a. The agreed-upon pickup date and agreed delivery date of your
move.
b. The agreed-upon period(s) of the entire move.
c. If your mover is transporting the shipment on a guaranteed
service
basis, the guaranteed dates or periods of time for pickup,
transportation, and delivery. Your mover must enter any penalty
or
per diem requirements upon the agreement under this item.
6. The names and addresses of any other motor carriers, when
known, that will
participate in interline transportation of the shipment.
7. The form of payment your mover will honor at delivery. The
payment
information must be the same as was entered on the estimate.
8. The terms and conditions for payment of the total charges,
including notice of
any minimum charges.
9. The maximum amount your mover will demand, based on the mover’s
estimate, at the time of delivery to obtain possession of the
shipment, when
transported on a collect-on-delivery basis.
10. If not provided in the bill of lading, the Surface
Transportation Board’s
required released rates valuation statement, and the charges, if
any, for
optional valuation coverage. The Surface Transportation Board’s
required
released rates may be increased annually by your mover based on
the U.S.
Department of Commerce’s Cost of Living Adjustment.
11. A complete description of any special or accessorial
services ordered and
minimum weight or volume charges applicable to the shipment.
12. Any identification or registration number your mover assigns
to the shipment.
13. For non-binding estimated charges, your mover’s reasonably
accurate
estimate of the amount of the charges, the method of payment of
total
charges, and the maximum amount (110 percent of the non-binding
estimate) your mover will demand at the time of delivery for you
to obtain
possession of the shipment.
14. For binding estimated charges, the amount of charges your
mover will
demand based upon the binding estimate and the terms of payment
under
the estimate.
15. An indication of whether you request notification of the
charges before
delivery. You must provide your mover with the telephone
number(s) or
address(s) where your mover will transmit such communications.
You and your mover must sign the order for service. Your mover
must provide a
dated copy of the order for service to you at the time your
mover signs the order.
Your mover must provide you the opportunity to rescind the order
for service
without any penalty for a three-day period after you sign the
order for service, if you
scheduled the shipment to be loaded more than three days after
you sign the
order.
Your mover should provide you with documents that are as
complete as possible,
and with all charges clearly identified. However, as a practical
matter, your mover
usually cannot give you a complete bill of lading before
transporting your goods.
This is both because the shipment cannot be weighed until it is
in transit and
because other charges for service, such as unpacking,
storage-in-transit, and
various destination charges, cannot be determined until the
shipment reaches its
destination.
Therefore, your mover can require you to sign a partially
complete bill of lading if it
contains all relevant information except the actual shipment
weight and any other
information necessary to determine the final charges for all
services provided.
Signing the bill of lading allows you to choose the valuation
option, request special
services, and/or acknowledge the terms and conditions of
released valuation.
Your mover also may provide you, strictly for informational
purposes, with blank or
incomplete documents pertaining to the move. Before loading your
shipment, and
upon mutual agreement of both you and your mover, your mover may
amend an
order for service. Your mover must retain an order for service
for a shipment it
transported for at least one year from the date your mover wrote
the order.
Your mover must inform you, before or at the time of loading, if
the mover
reasonably expects a special or accessorial service is necessary
to transport a
shipment safely. Your mover must refuse to accept the shipment
when your mover
reasonably expects a special or accessorial service is necessary
to transport a
shipment safely, but you refuse to purchase the special or
accessorial service.
Your mover must make a written note if you refuse any special or
accessorial
services that your mover reasonably expects to be necessary.
Must My Mover Write Up an Inventory of the Shipment?
Yes. Your mover must prepare an inventory of your shipment
before or at the time
of loading. If your mover’s driver fails to prepare an
inventory, you should write a
detailed inventory of your shipment listing any damage or
unusual wear to any
items. The purpose is to make a record of the existence and
condition of each
item.
After completing the inventory, you should sign each page and
ask the mover’s
driver to sign each page. Before you sign it, it is important
you make sure that the
inventory lists every item in the shipment and that the entries
regarding the
condition of each item are correct. You have the right to note
any disagreement. If
an item is missing or damaged when your mover delivers the
shipment, your
subsequent ability to dispute the items lost or damaged may
depend upon your
notations.
You should retain a copy of the inventory. Your mover may keep
the original if the
driver prepared it. If your mover’s driver completed an
inventory, the mover must
attach the complete inventory to the bill of lading as an
integral part of the bill of
lading.
Must My Mover Write Up a Bill of Lading?
The bill of lading is the
contract between
you and the mover. The mover is
required by law to prepare a bill of lading for every shipment
it transports.
The
information on a bill of lading is required to be the same
information shown on the
order for service.
The driver who
loads your shipment must give you a copy of the
bill of lading before or at the time of loading your furniture
and other household
goods.
It is your responsibility to read the bill of lading before you
accept it.
It is
your responsibility to understand the bill of lading before you
sign it. If you do not
agree with something on the bill of lading, do not sign it until
you are satisfied it is
correct.
The bill of lading requires the mover to provide the service you
have requested.
You must pay the charges set forth in the bill of lading.
The
bill of lading is an
important document. Do not lose or misplace your copy.
Have
it available
until your shipment is delivered, all charges are paid, and all
claims, if any, are
settled.
A bill of lading must include the following 14 elements:
1. Your mover’s name and address, or the name and address of
the motor
carrier issuing the bill of lading.
2. The names and addresses of any other motor carriers, when
known, who will
participate in the transportation of the shipment.
3. The name, address, and telephone number of the office of the
motor carrier
you must contact in relation to the transportation of the
shipment.
4. The form of payment your mover will honor at delivery. The
payment
information must be the same that was entered on the estimate
and order for
service.
5. When your mover transports your shipment under a
collect-on-delivery basis,
your name, address, and telephone number where the mover will
notify you
about the charges.
6.
For non-guaranteed service, the
agreed-upon date or period of time for
pickup of the shipment and the agreed-upon date or period of
time for the
delivery of the shipment. The agreed-upon dates or periods for
pickup and
delivery entered upon the bill of lading must conform to the
agreed-upon
dates or periods of time for pickup and delivery entered upon
the order for
service or a proper amendment to the order for service.
7. For
guaranteed service, the
dates for pickup and delivery and any penalty or
per diem entitlements due you under the agreement.
8. The actual date of pickup.
9. The identification number(s) of the vehicle(s) in which your
mover loads your
shipment.
10. The terms and conditions for payment of the total charges
including notice of
any minimum charges.
11. The maximum amount your mover will demand from you, based on
the
mover’s estimate, at the time of delivery for you to obtain
possession of your
shipment, when your mover transports under a collect-on-delivery
basis.
12. If not provided for in the order for service, the Surface
Transportation Board’s
required released rates valuation statement, and the charges, if
any, for
optional valuation coverage. The Board’s required released
rates may be
increased annually by your mover based on the U.S. Department of
Commerce’s Cost of Living Adjustment.
13. Evidence of any insurance coverage sold to, or procured for
you from an
independent insurer, including the amount of the premium for
such
insurance.
14. Each attachment to the bill of lading. Each attachment is an
integral part of
the bill of lading contract. If not provided to you elsewhere by
the mover, the
following three items must be added as attachments:
a. The binding or non-binding estimate.
b. The order for service.
c. The inventory.
A copy of the bill of lading must accompany your shipment at all
times while in the
possession of your mover or its agent(s). When your mover loads
the shipment on
a vehicle for transportation, the bill of lading must be in the
possession of the driver
responsible for the shipment. Your mover must retain bills of
lading for shipments
it transported for at least one year from the date your mover
created the bill of
lading.
Should I Reach an Agreement With My Mover About Pickup and
Delivery
Times?
You and your mover should reach an agreement for pickup and
delivery times. It is
your responsibility to determine on what date, or between what
dates, you need to
have the shipment picked up and on what date, or between what
dates, you
require delivery. It is your mover’s responsibility to tell
you if they can provide
service on, or between, those dates, or, if not, on what other
dates it can provide
the service.
In the process of reaching an agreement with your mover, you may
find it
necessary to alter your moving and travel plans if no mover can
provide service on
the specific dates you desire.
Do not agree to have your shipment picked up or delivered ‘‘as
soon as possible.’’
The dates or periods you and your mover agree upon should be
definite.
Once an agreement is reached, your mover must enter those dates
upon the order
for service and the bill of lading.
Once your goods are loaded, your mover is contractually bound to
provide the
service described in the bill of lading. Your mover’s only
defense for not providing
the service on the dates called for is the defense of force
majeure. This is a legal
term. It means that when circumstances change, were not
foreseen, and are
beyond the control of your mover, preventing your mover from
performing the
service agreed to in the bill of lading, your mover is not
responsible for damages
resulting from its nonperformance.
This may occur when you do not inform your mover of the exact
delivery
requirements. For example, because of restrictions trucks must
follow at your new
location, the mover may not be able to take its truck down the
street of your
residence and may need to shuttle the shipment using another
type of vehicle.
Must My Mover Determine the Weight of My Shipment?
Generally, yes. If your mover transports your household goods on
a non-binding
estimate, your mover must determine the actual weight of the
shipment in order to
calculate its lawful tariff charge. If your mover provided a
binding estimate and has
loaded your shipment without claiming you have added additional
items or
services, the weight of the shipment will not affect the charges
you will pay.
Your mover must determine the weight of your shipment before
requesting you to
pay for any charges dependent upon your shipment’s weight.
Most movers have a minimum weight charge for transporting a
shipment.
Generally, the minimum is the charge for transporting a shipment
of at least
3,000 pounds (1,362 kilograms).
If your shipment appears to weigh less than the mover’s
minimum weight, your
mover must advise you on the order for service of the minimum
cost before
transporting your shipment. Should your mover fail to advise you
of the minimum
charges and your shipment is less than the minimum weight, your
mover must
base your final charges upon the actual weight, not upon the
minimum weight.
How Must My Mover Determine the Weight of My Shipment?
Your mover must weigh your shipment upon a certified scale.
The weight of your shipment must be obtained by using one of two
methods –
origin weighing or destination weighing.
Origin Weighing
—Your mover
may weigh your shipment in the city or area where
it loads your shipment. If it elects this option, the driver
must weigh the truck before
coming to your residence. This is called the
tare
weight. At
the time of this first
weighing, the truck may already be partially loaded with another
shipment(s). This
will not affect the weight of your shipment. The truck should
also contain the pads,
dollies, hand trucks, ramps, and other equipment normally used
in the
transportation of household goods shipments. After loading, the
driver will weigh
the truck again to obtain the loaded weight, called the
gross
weight. The
net
weight of your shipment is then obtained by subtracting the
tare
weight before
loading from the
gross weight.
Gross Weight Less the Tare Weight Before Loading = Net Weight.
Destination Weighing
(Also
called Back Weighing)—The
mover is also
permitted to determine the weight of your shipment at the
destination after it
delivers your load. Weighing your shipment at destination
instead of at origin will
not affect the accuracy of the shipment weight.
The
most important difference
is that your mover will not determine the exact charges on your
shipment
before it is unloaded.
Destination weighing is done in reverse of origin weighing.
After arriving in the city
or area where you are moving, the driver will weigh the truck.
Your shipment will
still be on the truck. Your mover will determine the
gross
weight before coming to
your new residence to unload. After unloading your shipment, the
driver will again
weigh the truck to obtain the
tare
weight. The net weight of your shipment will then
be obtained by subtracting the
tare
weight after delivery from the gross
weight.
Gross Weight Less the Tare Weight After Delivery = Net Weight.
At the time of both weighings, your mover’s truck must have
installed or loaded all
pads, dollies, hand trucks, ramps, and other equipment normally
required in the
transportation of your shipment. The driver and other persons
must be off the
vehicle at the time of both weighings. The fuel tanks on the
vehicle must be full at
the time of each weighing. In lieu of this requirement, your
mover must not add fuel
between the two weighings when the tare weighing is the first
weighing performed.
Your mover may detach the trailer of a tractor-trailer vehicle
combination from the
tractor and have the trailer weighed separately at each weighing
provided the
length of the scale platform is adequate to accommodate and
support the entire
trailer.
Your mover may use an alternative method to weigh your shipment
if it weighs
3,000 pounds (1,362 kilograms) or less. The only alternative
method allowed is
weighing the shipment upon a platform or warehouse certified
scale before loading
your shipment for transportation or after unloading.
Your mover must use the net weight of shipments transported in
large containers
such as ocean or railroad containers. Your mover will calculate
the difference
between the tare weight of the container (including all pads,
blocking and bracing
used in the transportation of your shipment) and the gross
weight of the container
with your shipment loaded in the container.
You have the right, and your mover must inform you of your
right, to observe all
weighings of your shipment. Your mover must tell you where and
when each
weighing will occur. Your mover must give you a reasonable
opportunity to be
present to observe the weighings.
You may waive your right to observe any weighing or re-weighing.
This does not
affect any of your other rights under Federal law.
Your mover may request you waive your right to have a shipment
weighed upon a
certified scale. Your mover may want to weigh the shipment upon
a trailer’s
on-board, non-certified scale. You should demand your right to
have a certified
scale used. The use of a non-certified scale may cause you to
pay a higher final
bill for your move, if the non-certified scale does not
accurately weigh your
shipment. Remember that certified scales are inspected and
approved for
accuracy by a government inspection or licensing agency.
Non-certified scales
are not inspected and approved for accuracy by a government
inspection or
licensing agency.
Your mover must obtain a separate weight ticket for each
weighing. The weigh
master must sign each weight ticket. Each weight ticket must
contain the following
six items:
1. The complete name and location of the scale.
2. The date of each weighing.
3. Identification of the weight entries as being the tare,
gross, or net weights.
4. The company or mover identification of the vehicle.
5. Your last name as it appears on the bill of lading.
6. Your mover’s shipment registration or bill of lading
number.
Your mover must retain the original weight ticket or tickets
relating to the
determination of the weight of your shipment as part of its file
on your shipment.
When both weighings are performed on the same scale, one weight
ticket may be
used to record both weighings.
Your mover must present all freight bills with true copies of
all weight tickets. If
your mover does not present its freight bill with all weight
tickets, your mover is in
violation of Federal law.
Before the driver actually begins unloading your shipment
weighed at origin and
after your mover informs you of the billing weight and total
charges, you have the
right to demand a re-weigh of your shipment. If you believe the
weight is not
accurate, you have the right to request your mover re-weigh your
shipment before
unloading.
You have the right, and your mover must inform you of your
right, to observe all
re-weighings of your shipment. Your mover must tell you where
and when each
re-weighing will occur. Your mover must give you a reasonable
opportunity to be
present to observe the re-weighings. You may waive your right to
observe any
re-weighing; however, you must waive that right in writing. You
may send the
written waiver via fax or e-mail, as well as by overnight
courier or certified mail,
return receipt requested. This does not affect any of your other
rights under
Federal law.
Your mover is prohibited from charging you for the re-weighing.
If the weight of
your shipment at the time of the re-weigh is different from the
weight determined at
origin, your mover must re-compute the charges based upon the
re-weigh weight.
Before requesting a re-weigh, you may find it to your advantage
to estimate the
weight of your shipment using the following three-step method:
1. Count the number of items in your shipment. Usually there
will be either 30 or
40 items listed on each page of the inventory. For example, if
there are
30 items per page and your inventory consists of four complete
pages and a
fifth page with 15 items listed, the total number of items will
be 135.
If an
automobile is listed on the inventory, do not include this item
in the
count of the total items
.
2. Subtract the weight of any automobile included in your
shipment from the
total weight of the shipment. If the automobile was not weighed
separately,
its weight can be found on its title or license receipt.
3. Divide the number of items in your shipment into the weight.
If the average
weight resulting from this exercise ranges between 35 and 45
pounds
(16 and 20 kilograms) per article, it is unlikely a re-weigh
will prove beneficial
to you. In fact, it could result in your paying higher charges.
Experience has shown that the average shipment of household
goods will weigh
about 40 pounds (18 kilograms) per item. If a shipment contains
a large number of
heavy items, such as cartons of books, boxes of tools, or
heavier than average
furniture, the average weight per item may be 45 pounds or more
(20 kilograms or
more).
What Must My Mover Do if I Want To Know the Actual Weight or
Charges for
My Shipment Before Delivery?
If you request notification of the actual weight and charges of
your shipment, your
mover must comply with your request if it is moving your goods
on a
collect-on-delivery basis. This requirement is conditioned upon
your supplying
your mover with an address or telephone number where you will
receive the
communication. Your mover must make its notification by
telephone, fax
transmissions, e-mail, overnight courier, certified mail with
return receipt
requested, or in person.
You must receive the mover’s notification at least one full
24-hour day before its
scheduled delivery, excluding Saturdays, Sundays, and Federal
holidays.
Your mover may disregard this 24-hour notification requirement
on shipments
subject to one of the following three situations:
1. Back-weigh (when your mover weighs your shipment at its
destination).
2. Pickup and delivery encompassing two consecutive weekdays, if
you
agree.
3. Maximum payment amounts at time of delivery of 110 percent of
the
estimated charges, if you agree.
Subpart F—Transportation of My Shipment
Must My Mover Transport the Shipment in a Timely Manner?
Yes, your mover must transport your household goods in a timely
manner. This is
also known as ‘‘reasonable dispatch service.’’ Your
mover must provide
reasonable dispatch service to you, except for transportation on
the basis of
guaranteed delivery dates.
When your mover is unable to perform either the pickup or
delivery of your
shipment on the dates or during the periods of time specified in
the order for
service, your mover must notify you of the delay, at the mover’s
expense. As soon
as the delay becomes apparent to your mover, they must give you
notification they
will be unable to provide the service specified in the terms of
the order for service.
Your mover may notify you of the delay in any of the following
ways: by telephone,
fax transmissions, e-mail, overnight courier, certified mail
with return receipt
requested, or in person.
When your mover notifies you of a delay, it also must advise you
of the dates or
periods of time they may be able to pick up and/or deliver the
shipment. Your
mover must consider your needs in its advisement. Your mover
must prepare a
written record of the date, time, and manner of its
notification.
Your mover must prepare a written record of its amended date or
period for
delivery. Your mover must retain these records as a part of its
file on your
shipment. The retention period is one year from the date of
notification. If you
request a copy of the notice, your mover must furnish a copy of
the notification to
you either by first class mail or in person.
Your mover must tender your shipment for delivery on the
agreed-upon delivery
date or within the period specified on the bill of lading. Upon
your request or
concurrence, your mover may deliver your shipment on another
day.
The establishment of a delayed pickup or delivery date does not
relieve your
mover from liability for damages resulting from your mover’s
failure to provide
service as agreed. However, when your mover notifies you of
alternate delivery
dates, it is your responsibility to be available to accept
delivery on the dates
specified. If you are not available and are not willing to
accept delivery, your mover
has the right to place your shipment in storage at your expense
or hold the
shipment on its truck and assess additional charges. If after
the pickup of your
shipment,
you request
your mover to change the delivery date, most movers will
agree to do so provided your request will not result in
unreasonable delay to its
equipment or interfere with another customer’s move. However,
your mover is
under no obligation to consent to amended delivery dates. If you
are unwilling or
unable to accept delivery on the date agreed to in the bill of
lading, your mover has
the right to place your shipment in storage at your expense.
If your mover fails to pick up and deliver your shipment on the
date entered on the
bill of lading and you have expenses you otherwise would not
have had, you may
be able to recover those expenses from your mover. This is what
is called an
inconvenience or delay claim. Should your mover refuse to honor
such a claim
and you continue to believe you are entitled to be paid damages,
you may take
your mover to court under 49 U.S.C. 14706.
FMCSA
has no authority to order your
mover to pay such claims.
While we hope your mover delivers your shipment in a timely
manner, you should
consider the possibility your shipment may be delayed. Before
you agree with the
mover to transport your shipment, find out what payment you can
expect if a mover
delays service through its own fault.
What Must My Mover Do if It Is Able To Deliver My Shipment More
Than 24
Hours Before I Am Able to Accept Delivery?
At your mover’s discretion, it may place your shipment in
storage. This will be
under its own account and at its own expense in a warehouse
located in proximity
to the destination of your shipment. Your mover may do this if
you fail to request or
concur with an early delivery date, and your mover is able to
deliver your shipment
more than 24 hours before your specified date or the first day
of your specified
period.
If your mover exercises this option, your mover must immediately
notify you of the
name and address of the warehouse where your mover places your
shipment.
Your mover must make and keep a record of its notification as a
part of its
shipment records. Your mover has full responsibility for the
shipment under the
terms and conditions of the bill of lading. Your mover is
responsible for the
charges for re-delivery, handling, and storage until it makes
final delivery. Your
mover may limit its responsibility to the agreed-upon delivery
date or the first day of
the period of delivery as specified in the bill of lading.
What Must My Mover Do for Me When I Store Household Goods in
Transit?
If you request your mover to hold your household goods in
storage-in-transit and
the storage period is about to expire, your mover must notify
you, in writing, about
the four following items:
1. The date when storage-in-transit will convert to permanent
storage.
2. The existence of a nine-month period after the date of
conversion to
permanent storage, during which you may file claims against your
mover for
loss or damage occurring to your goods while in transit or
during the
storage-in-transit period.
3. Your mover’s liability will end.
4. Your property will be subject to the rules, regulations, and
charges of the
warehouseman.
Your mover must make this notification at least ten days before
the expiration date
of one of the following two periods of time:
1. The specified period of time when your mover is to hold your
goods in
storage.
2. The maximum period of time provided in its tariff for
storage-in-transit.
Your mover must notify you by fax transmission, overnight
courier, e-mail; or
certified mail with return receipt requested, or in person.
If your mover holds your household goods in storage-in-transit
for less than ten
days, your mover must notify you, one day before the
storage-in-transit period
expires, of the same information specified above.
Your mover must maintain a record of all notifications to you as
part of the records
of your shipment. Under the applicable tariff provisions
regarding
storage-in-transit, your mover’s failure or refusal to notify
you will automatically
extend your mover’s liability until the end of the day
following the date when your
mover actually gives you notice.
Subpart G—Delivery of My Shipment
May My Mover Ask Me To Sign a Delivery Receipt Purporting To
Release It
From Liability?
At the time of delivery, your mover will expect you to sign a
receipt for your
shipment. Normally, you will sign each page of your mover’s
copy of the inventory.
Your mover’s delivery receipt or shipping document must not
contain any language
purporting to release or discharge it or its agents from
liability.
Your mover may include a statement about your receipt of your
property in
apparent good condition, except as noted on the shipping
documents.
Do not sign
the delivery receipt
if it contains any language purporting to release or
discharge your mover or its agents from liability. Strike out
such language before
signing, or refuse delivery if the driver or mover refuses to
provide a proper delivery
receipt.
What Is the Maximum Collect-on-Delivery Amount My Mover May
Demand I
Pay at the Time of Delivery?
On a binding estimate, the maximum amount is the exact estimate
of the charges,
plus the cost of any additional services that you requested
after the contract was
executed that were not included in the estimate, and any charges
for impracticable
operations, not to exceed 15 percent of all other charges due at
delivery. Your
mover must specify on the estimate, order for service, and bill
of lading the form of
payment acceptable to it (for example, a certified check).
On a non-binding estimate, the maximum amount is 110 percent of
the
approximate costs, plus the cost of any additional services that
you requested after
the contract was executed that were not included in the
estimate, and any charges
for impracticable operations, not to exceed 15 percent of all
other charges due at
delivery. Your mover must specify on the estimate, order for
service, and bill of
lading the form of payment acceptable to it (for example, cash).
If My Shipment Is Transported on More Than One Vehicle, What
Charges
May My Mover Collect at Delivery?
Although all movers try to move each shipment on one truck, it
becomes
necessary at times to divide a shipment among two or more
trucks. This frequently
occurs when an automobile is included in the shipment and it is
transported on a
vehicle specially designed to transport automobiles. When this
occurs, your
transportation charges are the same as if the entire shipment
moved on one truck.
If your shipment is divided for transportation on two or more
trucks, the mover may
require payment for each portion as it is delivered.
Your mover may delay the collection of all the charges until the
entire shipment is
delivered, at its discretion, not yours. When you order your
move, you should ask
the mover about its policies in this regard.
If My Shipment Is Partially Lost or Destroyed, What Charges May
My Mover
Collect at Delivery?
Movers customarily make every effort to avoid losing, damaging,
or destroying any
of your items while your shipment is in their possession for
transportation.
However, despite the precautions taken, articles are sometimes
lost or destroyed
during the move.
In addition to any money you may recover from your mover to
compensate for lost
or destroyed articles, you may also recover the transportation
charges represented
by the portion of the shipment lost or destroyed. Your mover may
only apply this
paragraph to the transportation of household goods. Your mover
may disregard
this paragraph if loss or destruction was due to an act or
omission by you. Your
mover must require you to pay any specific valuation charge due.
If you pack a hazardous material (for example, gasoline, aerosol
cans, motor oil)
and your shipment is partially lost or destroyed by fire in
storage or in the mover’s
trailer, your mover may require you to pay for the full cost of
transportation.
If your mover chooses, your mover may first collect its freight
charges for the entire
shipment.. At the time your mover disposes of claims for loss,
damage, or injury to
the articles in your shipment, it must refund the portion of its
freight charges
corresponding to the portion of the lost or destroyed shipment
(including any
charges for accessorial or terminal services).
Your mover is forbidden from collecting, or requiring you to
pay, any freight
charges (including any charges for accessorial or terminal
services) when your
household goods shipment is
totally
lost or destroyed in transit, unless the loss
or destruction was due to an act or omission by you.
How Must My Mover Calculate the Charges Applicable to the
Shipment as
Delivered?
Your mover must multiply the percentage corresponding to the
delivered shipment
times the total charges applicable to the shipment tendered by
you to obtain the
total charges it must collect from you.
If your mover’s computed charges exceed the charges otherwise
applicable to the
shipment as delivered, the lesser of those charges must apply.
This will apply only
to the transportation of your household goods.
Your mover must require you to pay any specific valuation charge
due.
Your mover may not refund the freight charges if the loss or
destruction was due to
an act or omission by you. For example, you fail to disclose to
your mover that
your shipment contains perishable live plants. Your mover may
disregard its loss
or destruction of your plants, because you failed to inform your
mover you were
transporting live plants.
Your mover must determine, at its own expense, the proportion of
the shipment,
based on actual or constructive weight, not lost or destroyed in
transit.
Your rights are in addition to, and not in lieu of, any other
rights you may have with
respect to your shipment of household goods your mover lost or
destroyed, or
partially lost or destroyed, in transit. This applies whether or
not you have
exercised your rights provided above.
Subpart H—Collection of Charges
Does This Subpart Apply to Most Shipments?
It applies to all shipments of household goods that involve a
balance due freight or
expense bill or are shipped on credit.
How Must My Mover Present Its Freight or Expense Bill to Me?
At the time of payment of transportation charges, your mover
must give you a
freight bill identifying the service provided and the charge for
each service. It is
customary for most movers to use a copy of the bill of lading as
a freight bill;
however, some movers use an entirely separate document for this
purpose.
Except in those instances where a shipment is moving on a
binding estimate, the
freight bill must specifically identify each service performed,
the rate or charge per
service performed, and the total charges for each service.
If
this information is
not on the freight bill, do not accept or pay the freight bill.
Movers’ tariffs customarily specify that freight charges must
be paid in cash, by
certified check, or by cashier’s check. When this requirement
exists, the mover will
not accept personal checks. At the time you order your move, you
should ask your
mover about the form of payment your mover requires.
Some movers permit payment of freight charges by use of a charge
or credit card.
However, do not assume your nationally recognized charge,
credit, or debit card
will be acceptable for payment. Ask your mover at the time you
request an
estimate. Your mover must specify the form of payment it will
accept at delivery.
If you do not pay the transportation charges at the time of
delivery, your mover has
the right, under the bill of lading, to refuse to deliver your
goods. The mover may
place them in storage, at your expense, until the charges are
paid. However, the
mover must deliver your goods upon payment of 100 percent of a
binding estimate,
plus the cost of any additional services that you requested
after the contract was
executed that were not included in the estimate, and any charges
for impracticable
operations, not to exceed 15 percent of all other charges due at
the time of
delivery.
If, before payment of the transportation charges, you discover
an error in the
charges, you should attempt to correct the error with the
driver, the mover’s local
agent, or by contacting the mover’s main office. If an error
is discovered after
payment, you should write the mover (the address will be on the
freight bill)
explaining the error, and request a refund.
Movers customarily check all shipment files and freight bills
after a move has been
completed to make sure the charges were accurate. If an
overcharge is found, you
should be notified and receive a refund. If an undercharge
occurred, you may be
billed for the additional charges due.
On ‘‘to be prepaid’’ shipments, your mover must present
its freight bill for all
transportation charges within 15 days of the date your mover
delivered the
shipment. This period excludes Saturdays, Sundays, and Federal
holidays.
On ‘‘collect’’ shipments, your mover must present its
freight bill for all
transportation charges on the date of delivery, or, at its
discretion, within 15 days,
calculated from the date the shipment was delivered at your
destination. This
period excludes Saturdays, Sundays, and Federal holidays. (Bills
for additional
charges based on the weight of the shipment will be presented 30
days after
delivery; charges for impracticable operations not paid at
delivery are due within 30
days of the invoice.)
Your mover’s freight bills and accompanying written notices
must state the
following five items:
1. Penalties for late payment.
2. Credit time limits.
3. Service or finance charges.
4. Collection expense charges.
5. Discount terms.
If your mover extends credit to you, freight bills or a separate
written notice
accompanying a freight bill or a group of freight bills
presented at one time must
state, ‘‘You may be subject to tariff penalties for failure
to timely pay freight
charges,’’ or a similar statement. Your mover must state on
its freight bills or other
notices when it expects payment, and any applicable service
charges, collection
expense charges, and discount terms.
When your mover lacks sufficient information to compute its
tariff charges at the
time of billing, your mover must present its freight bill for
payment within 15 days
following the day when sufficient information becomes available.
This period
excludes Saturdays, Sundays, and Federal holidays.
Your mover must not extend additional credit to you if you fail
to furnish sufficient
information to your mover. Your mover must have sufficient
information to render
a freight bill within a reasonable time after shipment.
When your mover presents freight bills by mail, it must deem the
time of mailing to
be the time of presentation of the bills. The term ‘‘freight
bills,’’ as used in this
paragraph, includes both paper documents and billing by use of
electronic media
such as computer tapes, disks, or the Internet (e-mail).
When you mail acceptable checks or drafts in payment of freight
charges, your
mover must deem the act of mailing the payment within the credit
period to be the
proper collection of the tariff charges within the credit period
for the purposes of
Federal law. In case of a dispute as to the date of mailing,
your mover must accept
the postmark as the date of mailing.
If I Forced My Mover To Relinquish a Collect-on-Delivery
Shipment Before
the Payment of ALL Charges, How Must My Mover Collect the
Balance?
On ‘‘collect-on-delivery’’ shipments, your mover must
present its freight bill for
transportation charges within 15 days, calculated from the date
the shipment was
delivered at your destination. This period excludes Saturdays,
Sundays, and
Federal holidays. (Bills for additional charges based on the
weight of the shipment
will be presented 30 days after delivery; charges for
impracticable operations not
paid at delivery are due within 30 days of the invoice.)
What Actions May My Mover Take To Collect From Me the Charges
Upon Its
Freight Bill?
Your mover must present a freight bill within 15 days (excluding
Saturdays,
Sundays, and Federal holidays) of the date of delivery of a
shipment at your
destination. (Bills for additional charges based on the weight
of the shipment will
be presented 30 days after delivery; charges for impracticable
operations not paid
at delivery are due within 30 days of the invoice.)
Your mover must provide in its tariffs the following three
provisions:
1. A provision indicating its credit period is a total of 30
calendar days.
2. A provision indicating you will be assessed a service charge
by your mover
equal to one percent of the amount of the freight bill, subject
to a $20
minimum charge, for the extension of the credit period. The
mover will
assess the service charge for each 30-day extension that the
charges go
unpaid.
3. A provision that your mover must deny credit to you if you
fail to pay a duly
presented freight bill within the 30-day period. Your mover may
grant credit
to you, at its discretion, when you satisfy your mover’s
condition that you will
pay all future freight bills duly presented. Your mover must
ensure all your
payments of freight bills are strictly in accordance with
Federal rules and
regulations for the settlement of its rates and charges.
Do I Have a Right To File a Claim To Recover Money for Property
My Mover
Lost or Damaged?
Should your move result in the loss of or damage to any of your
property, you have
the right to file a claim with your mover to recover money for
such loss or damage.
You should file a claim as soon as possible. If you fail to file
a claim within
9 months, your mover may not be required to accept your claim.
If you institute a
court action and win, you may be entitled to attorney’s fees
if you submitted your
claim to the mover within 120 days after delivery or the date
delivery is scheduled
(whichever is later); and (1) the mover did not advise you
during the claim
settlement process of the availability of arbitration as a means
for resolving the
dispute; (2) a decision was not rendered through arbitration
within the time
required by law; or (3) you are instituting a court action to
enforce an arbitration
decision with which the mover has not complied.
While the Federal Government maintains regulations governing the
processing of
loss and damage claims (49 CFR Part 370), it cannot resolve
those claims. If you
cannot settle a claim with the mover, you may file a civil
action to recover your
claim in court under 49 U.S.C. 14706. You may obtain the name
and address of
the mover’s agent for service of legal process in your State
by contacting FMCSA.
You may also obtain the name of a process agent via the
Internet. Go to
http://www.fmcsa.dot.gov then click on Licensing and Insurance
(L&I) section.
In addition, your mover must participate in an arbitration
program. As described
earlier in this booklet, an arbitration program gives you the
opportunity to settle
certain types of unresolved loss or damage claims and disputes
regarding charges
that were billed to you by your mover after your shipment was
delivered through a
neutral arbitrator. You may find submitting your claim to
arbitration under such a
program to be a less expensive and more convenient way to seek
recovery of your
claim. Your mover is required to provide you with information
about its arbitration
program before you move; if your mover fails to do so, ask the
mover for more
details.
Subpart I—Resolving Disputes With My Mover
What May I Do To Resolve Disputes With My Mover?
FMCSA does not help you settle your dispute with your mover.
Generally, you must resolve your own loss and damage disputes
with your mover.
You enter a contractual arrangement with your mover. You are
bound by each of
the following three terms and conditions:
1. The terms and conditions you negotiated before your move.
2. The terms and conditions you accepted when you signed the
bill of lading.
3. The terms and conditions you accepted when you signed for
delivery of your
goods.
You have the right to take your mover to court. We require your
mover to offer you
arbitration to settle your disputes with it.
If your mover holds your goods ‘‘hostage’’ - refuses
delivery unless you pay an
amount you believe the mover is not entitled to charge - FMCSA
does not have the
resources to seek a court injunction on your behalf.