Appendix A to Part 375 - Your Rights and Responsibilities When You Move
49:5.1.1.2.18.9.11.2.2 : Appendix A
Appendix A to Part 375 - Your Rights and Responsibilities When You
Move 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 1.87. What Is Included in This Pamphlet? In this pamphlet, you
will find a discussion of each of these topics: Why Was I Given
This Pamphlet? What Are the Most Important Points I Should Remember
From This Pamphlet? What If I Have More Questions? Subpart A -
General Requirements Who must follow the regulations? What
definitions are used in this Pamphlet? 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 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 releasing 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 in 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
Pamphlet?
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. The additional written information will include a
telephone number you can call to obtain additional information
about your move.
What Are the Most Important Points I Should Remember From This
Pamphlet?
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 reweigh 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, cashier's check, money order, 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 must not represent itself as a mover. The broker is
responsible only for arranging the transportation. It does not own
the trucks used to transport the shipment and 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 with an estimate for the move, unless the broker has a written
agreement with the household goods carrier. If a household goods
broker provides you with an estimate without a written agreement
with the carrier, the estimate may not be binding and you may
instead be required to pay the actual charges assessed by the
mover. A household goods broker is not responsible for loss or
damage.
12. You may request complaint information about movers from the
Federal Motor Carrier Safety Administration under the Freedom of
Information Act. 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 pamphlet does not answer all of your questions about
your move, do not hesitate to ask for additional information from
your mover's representative who handled the arrangements for your
move, the driver who transports your shipment, or the mover's main
office.
Subpart A - General Requirements
The primary responsibility for your protection lies with you in
selecting a reputable household goods carrier, ensuring you
understand the terms and conditions of your contract with your
mover, and understanding and pursuing the remedies that are
available to you in case problems arise.
Who Must Follow the Regulations?
The regulations inform motor carriers engaged in the interstate
transportation of household goods (household goods motor carriers
or movers) what standards they must follow when offering services
to you. You, an individual shipper, are not directly subject to the
regulations. However, your mover may be required by the regulations
to demand that you pay on time. The regulations apply only to a
mover that both transports your household goods by motor vehicle in
interstate commerce - that is, when you are moving from one State
to another - and provides certain types of additional services. The
regulations do not apply when your interstate move takes place
within a single commercial zone. A commercial zone is roughly
equivalent to the local metropolitan area of a city or town. For
example, a move between Brooklyn, NY, and Hackensack, NJ, would be
considered within the New York City commercial zone and would not
be subject to these regulations. Commercial zones are defined in 49
CFR part 372.
What Definitions Are Used in This Pamphlet?
Accessorial (Additional) Services - These are services
such as packing, appliance servicing, unpacking, or piano stair
carries that you request 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 online database or displayed on an Internet
Web site. This excludes listings of your mover's name, address, and
telephone number in a telephone directory or similar publication.
However, 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.
Collect 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 semi-trailers not attached to a
tractor, and certified by an authorized scale inspection and
licensing authority. A certified scale may also be a platform or
warehouse type scale 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 personal effects or property used, or to
be used, in a dwelling, when part of the equipment or supplies of
the dwelling. Transportation of the household goods must be
arranged and paid for by you or by another individual on your
behalf. This may include items moving from a factory or store when
you purchase them to use in your dwelling. You must request that
these items be transported, and 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 course of its business of providing transportation
of household goods, offers some or all of the following additional
services: (1) Binding and non-binding estimates, (2) Inventory, (3)
Protective packing and unpacking of individual items at personal
residences, and (4) Loading and unloading at personal residences.
The term does not include a motor carrier when the motor carrier
provides transportation of household goods in containers or
trailers that are entirely loaded and unloaded by an individual
other than an employee or agent of the motor carrier.
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 motor carrier to perform pickup or delivery with its
normally assigned road-haul equipment, so that the carrier must use
smaller equipment and/or additional labor to complete pickup or
delivery of the 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 household goods motor carrier 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.
Pickup and Delivery Charges - Separate transportation
charges applicable to 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 up to 110
percent of a non-binding estimate, plus any charges for additional
services you requested that were not included in the estimate
and/or permissible charges for impracticable operations, 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., that the
contract cannot be performed owing to causes that are outside the
control of the parties and could not be avoided by exercise of due
care.
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 395 E Street, SW., Washington, DC 20423-0001.
Tele. 202-245-0245.
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 pay the
transportation charges to the mover.
Where may other terms used in this pamphlet be defined?
You may find other terms used in this pamphlet defined in 49 U.S.C.
13102. The statute controls the definitions in this pamphlet. If
terms are used in this pamphlet and the terms are defined neither
here nor in 49 U.S.C. 13102, the terms will have the ordinary
practical meaning of such terms.
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. The levels of liability are as follows:
(1) 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
Release 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: 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; replace the article with an
article of like kind; or 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 could 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 of, or damage to, articles of
extraordinary value, unless you specifically list on the shipping
documents such articles for which you want liability coverage. 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.
(2) RELEASED VALUE of 60 Cents Per Pound Per Article.
This is the most economical protection option available; however,
this no-cost option provides only minimal protection. Under this
option, the mover assumes liability for no more than 60 cents per
pound per article. Loss or damage claims are settled based on the
weight of the article multiplied by 60 cents per pound. For
example, if a 10-pound stereo component valued at $1,000 were lost
or destroyed, the mover would be liable for no more than $6.00 (10
pounds × 60 cents per pound). Obviously, you should think carefully
before agreeing to such an arrangement. There is no extra charge
for this minimal protection, but you must sign a specific statement
on the bill of lading agreeing to it. If you do not select this
Alternative Level of Liability, your shipment will be transported
at the Full (Replacement) Value level of liability and you will be
assessed the applicable valuation charge.
These two levels of liability are not insurance agreements
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 5 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: 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 advertisements. Your mover must include certain
information in all advertisements for all services (including any
accessorial services incidental to or part of interstate
transportation). Your mover must require each of its agents to
include the same information in its advertisements. The information
must include the following two pieces of information about your
mover:
(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 things:
(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
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. Movers' 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 is generally described in a section on declaring value on the
bill of lading. A second tariff provision may set the periods for
filing claims. This is generally 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 of 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 things:
(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 either you or your mover fails to provide information in a
timely manner. Your mover must produce and distribute a concise,
easy-to-read, 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 follow the general order and
contain the text of appendix A to 49 CFR part 375.
What Other Information Must My Mover Provide 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 10 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 charges for any
additional services you requested after the contract with your
mover was executed (charges therefore not included in the estimate)
and any charges for impracticable operations needed to accomplish
delivery, as defined by the carrier's tariff. Charges collected at
the time of delivery for impracticable operations must 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 delivery.
The mover must specify what charge or credit cards it will
accept, such as American Express TM, Discover TM, MasterCard TM, or
Visa TM. 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 need without requiring you to pay the
additional charges.
One service option is a space reservation. If you agree
to have your shipment transported under a space reservation
agreement, you will pay for a minimum number of cubic feet of space
in the moving van regardless of how much space in the van your
shipment actually occupies.
A second option is expedited service. This aids you if
you must have your shipments transported on or between specific
dates when the mover could not ordinarily agree to do so in its
normal operations.
A third customary service option is 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 of 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 you are moving from is within a 50-mile radius
of your mover's (or its agent's) place of business, the estimate
that your mover provides you must be based on a physical survey of
your goods. You have the right to 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 a mover who
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
TM, a specific credit card such as Visa TM, 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. Your mover will base the
final charges upon the actual weight of your shipment, the services
provided, and its tariff provisions in effect. You must be prepared
to pay 10 percent more than the estimated amount at delivery.
You must also be prepared to pay at delivery the charges for any
additional services you requested after the contract was executed
(charges therefore not included in the estimate) and any charges
for impracticable operations. Impracticable operations are defined
in your mover's tariff. You should ask to see the mover's tariff to
determine what services constitute impracticable operations.
Charges for impracticable operations due at delivery must 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 must 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 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 TM or a specific credit card such as Visa TM. 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 do one of the following three things:
(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. Before you agree to this option, read the information
about non-binding estimates in the next section of this pamphlet.
Accepting a non-binding estimate 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 you requested after the bill of lading was
executed and any charges for impracticable operations (not to
exceed 15 percent of all other charges due at delivery) constitutes
your mover's 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 in accordance with your mover's tariffs.
Federal law requires your mover to collect the charges shown in 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 shipments of equal weight moving equal distances. Even 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 differ substantially from the
amount that you ultimately will pay.
You must be prepared to pay 10 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
the mover issues the bill of lading, the mover will collect the
charges for those additional services when your shipment is
delivered.
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 10 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 do one of the following two things:
(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 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 at the time of delivery payment of the charges for any
additional services you requested after the bill of lading was
executed (charges therefore not included in the estimate). Your
mover may also require you to pay charges for impracticable
operations at the time of delivery, provided these 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 charges for any additional services you requested after the
bill of lading was executed (charges therefore not included in the
estimate) and any charges for impracticable operations (not to
exceed 15 percent of all other charges due at delivery),
constitutes its failure to transport the shipment with “reasonable
dispatch” and subjects your mover to your 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 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:
(i) The agreed-upon pickup date and agreed delivery date of your
move.
(ii) The agreed-upon period(s) of the entire move.
(iii) 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, for you to obtain possession of the shipment at
the time of delivery, when the household goods are 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 STB'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(es) 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 3-day period after you sign the order for service, if you
scheduled the shipment to be loaded more than 3 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
between you and your mover, your mover may amend an order for
service. Your mover must retain records of an order for service 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, based on the estimate, will
demand from you 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:
(i) The binding or non-binding estimate.
(ii) The order for service.
(iii) The inventory.
A copy of the bill of lading must accompany your shipment at all
times while it is 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 it 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 - 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 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; or, if the fuel tanks are not full, 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 reweighing.
This does not affect any of your other rights under Federal
law.
Your mover may request that 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 reweigh of
your shipment. If you believe the weight is not accurate, you have
the right to request your mover reweigh your shipment before
unloading.
You have the right, and your mover must inform you of your
right, to observe all reweighings of your shipment. Your mover must
tell you where and when each reweighing will occur. Your mover must
give you a reasonable opportunity to be present to observe the
reweighing. You may waive your right to observe any reweighing;
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 reweighing.
If the weight of your shipment at the time of the reweigh is
different from the weight determined at origin, your mover must
recompute the charges based upon the reweigh weight.
Before requesting a reweigh, 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 reweigh 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, 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 things:
(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, it must give you notification it 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, 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 it 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. Your mover must furnish a copy of the
notification to you either by first class mail or in person, if you
request a copy of the notice.
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.
Your mover has the right to place your shipment in storage at your
expense if you are unwilling or unable to accept delivery on the
date agreed to in the bill of lading.
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. The Federal
Motor Carrier Safety Administration (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, and find out what payment you can expect if a mover delays
service through its own fault, before you agree with the mover to
transport your shipment.
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 redelivery, 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 9-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) The date 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 10 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 facsimile transmission; overnight
courier; e-mail; or certified mail, return receipt requested.
If your mover holds your household goods in storage-in-transit
for less than 10 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 charges for any additional services you
requested after the bill of lading was executed (charges therefore
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 charges for any additional services
you requested after the bill of lading was executed (charges
therefore 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 transported on a specially designed vehicle. 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 also may recover the
transportation charges represented by the portion of the shipment
lost or destroyed. Your mover may apply this paragraph only 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.
For example, if you pack a hazardous material (i.e., gasoline,
aerosol cans, motor oil, etc.) 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 shipment is partially lost or destroyed, your mover is
permitted to collect at delivery only a prorated percentage based
on the freight charges for the goods actually delivered, plus the
charges for any additional services you requested after the bill of
lading was executed and any charges for impracticable operations.
Charges for impracticable operations collected at delivery must not
exceed 15 percent of the total charges your mover collects at
delivery.
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 equal to the weight of
the portion of the shipment delivered to the total weight of the
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 charges for any additional services you
requested after the bill of lading was executed (charges therefore
not included in the estimate) and any charges for impracticable
operations (not to exceed 15 percent of all other charges due at
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 or 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 a
refund should be made. 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 received 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 in
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
things:
(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
carrier within 120 days after delivery or the scheduled date of
delivery (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 the
Federal Motor Carrier Safety Administration. 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 pamphlet, an arbitration
program gives you the opportunity to settle, through a neutral
arbitrator, 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. 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 details of its program.
Subpart I - Resolving Disputes With My Mover What May I Do To
Resolve Disputes With My Mover? The Federal Motor Carrier Safety
Administration 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 things:
(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.
[72 FR 36775, July 5, 2007, as amended at 77 FR 59824, Oct. 1,
2012; 80 FR 59071, Oct. 1, 2015]