49 CFR Part 375 Transportation of Household Goods - Consumer
Protection Regulations
Appendix A to Part 375—Your Rights and Responsibilities When You
Move
You must furnish this document to prospective individual shippers as required by 49
CFR 375.213. The text as it appears in this appendix may be reprinted in a form and
manner chosen by you, provided it complies with § 375.213(b)(2) and (b)(3). You are
not required to italicize titles of sections.
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 1.73.
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 only arranges for the
transportation. A household goods broker must not represent itself as a mover. A
household goods broker does not own trucks of it’s own. The broker is required to find
an authorized mover to provide the transportation. You should know that a household
goods broker generally has no authority to provide you an estimate on behalf of a
specific mover. If a household goods broker provides you an estimate, it may not be
binding on the actual mover and you may have to pay the actual charges the mover
incurs. 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 your mover’s representative who handled the arrangements for your move, the
driver who transports your shipment, or the mover’s main office for additional
information.
Subpart A—General Requirements
The primary responsibility for your protection lies with you in selecting a 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 (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 force you to pay on time. The
regulations only apply to your mover when the mover transports your household goods
by motor vehicle in interstate commerce - that is, when you are moving from one State
to another. 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 to be 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 to be performed (or that are
necessary because of landlord requirements or other special circumstances). Charges
for these services may be in addition to the line haul charges.
Advanced Charges
—These are charges for services performed by someone other
than the mover. A professional, craftsman, or other third party may perform these
services at your request. The mover pays for these services and adds the charges to
your bill of lading charges.
Advertisement
—This is any communication to the public in connection with
an offer or
sale of any interstate household goods transportation service. This will include written or
electronic database listings of your mover’s name, address, and telephone number in
an online database. 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.
Cash on Delivery (COD)
—This means payment
is required at the time of delivery at
the destination residence (or warehouse).
Certified Scale
—Any scale designed for weighing motor vehicles, including
trailers or
semitrailers not attached to a tractor, and certified by an authorized scale inspection and
licensing authority. A certified scale may also be a platform or warehouse type scale
that is properly inspected and certified.
Estimate, Binding
—This is an 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 nonbinding
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.
Inventory
—The detailed descriptive list of your household goods showing
the number
and condition of each item.
Line Haul Charges
—The charges for the vehicle transportation portion
of your move.
These charges, if separately stated, apply in addition to the accessorial service charges.
Long Carry
— A charge for carrying articles excessive distances between
the mover’s
vehicle and your residence. Charges for these services may be in addition to the line
haul charges.
May
—An option. You or your mover may do something, but it is not a requirement.
Mover
—A motor carrier engaged in the transportation
of household goods and its
household goods agents.
Must
—A legal obligation. You or your mover must do something.
Order for Service
—The document authorizing the mover to transport your
household
goods.
Order (Bill of Lading) Number
—The number used to identify and track your
shipment.
Peak Season Rates
—Higher line haul charges applicable during the summer
months.
4700
Pickup and Delivery Charges
—Separate transportation charges applicable
for
transporting your shipment between the storage-in-transit warehouse and your
residence.
Reasonable Dispatch
—The performance of transportation on the dates, or
during the
period of time, agreed upon by you and your mover and shown on the Order for
Service/ Bill of Lading. For example, if your mover deliberately withholds any shipment
from delivery after you offer to pay the binding estimate or 110 percent of a non-binding
estimate, 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 that 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 1925 K Street, NW,
Washington, DC 20423–0001 Tele. 202–565–1674.
Tariff
—An issuance (in whole or in part)
containing rates, rules, regulations,
classifications, or other provisions. The Surface Transportation Board requires that a
tariff contain three specific items. First, an accurate description of the services the
mover offers to the public. Second, the specific applicable rates (or the basis for
calculating the specific applicable rates) and service terms for services offered to the
public. Third, the mover’s tariff must be arranged in a way that allows you to determine
the exact rate(s) and service terms applicable to your shipment.
Valuation
—The degree of worth of the shipment. The valuation charge compensates
the mover for assuming a greater degree of liability than is provided for in its base
transportation charges.
Warehouse Handling
—A charge may be applicable each time SIT service is
provided.
Charges for these services may be in addition to the line haul charges. This charge
compensates the mover for the physical placement and removal of items within the
warehouse.
We, Us,
and Our—The Federal Motor Carrier Safety Administration (FMCSA).
You
and Your—You
are an individual shipper of household goods. You are a consignor
or consignee of a household goods shipment and your mover identifies you as such in
the bill of lading contract. You own the goods being transported and 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 (Options 1 and 2 below)
under the terms of their tariffs and the Surface Transportation Board’s Released Rates
Orders. These orders govern the moving industry.
Option 1: Released Value
This is the most economical protection option available. This no-additional-cost option
provides minimal protection. Under this option, the mover assumes liability for no more
than 60 cents per pound ($1.32 cents per kilogram), per article. Loss or damage claims
are settled based upon the pound (kilogram) weight of the article multiplied by 60 cents
per pound ($1.32 cents per kilogram). For example, if your mover lost or destroyed a
10-pound (4.54-kilogram) stereo component valued at $1,000, your mover would be
liable for no more than $6.00. 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.
Option 2: Full Value Protection (FVP)
Under this option, the mover is liable for the replacement value of lost or damaged
goods (as long as it doesn’t exceed the total declared value of the shipment). If you
elect to purchase full value protection, and your mover loses, damages or destroys your
articles, your mover must repair, replace with like items, or settle in cash at the current
market replacement value, regardless of the age of the lost or damaged item. The
minimum declared value of a shipment under this option is $5,000 or $4.00 times the
actual total weight (in pounds) of the shipment, whichever is greater. For example, the
minimum declared value for a 4,000- pound (1,814.4- kilogram) shipment would be
$16,000. Your mover may offer you FVP with a $250 or $500 deductible, or with no
deductible at all. The amount of the deductible will affect the cost of your FVP coverage.
The $4.00 per pound minimum valuation rate may be increased annually by your mover
based on changes in the household furnishings element of the Consumer Price Index
established by the U.S. Department of Labor’s Bureau of Labor Statistics.
Unless you specifically agree to other arrangements, the mover must assume liability for
the entire shipment based upon this option. The approximate cost for FVP is $8.50 for
each $1,000 of declared value; however, it may vary by mover. In the example above,
the valuation charge for a shipment valued at $16,000 would be $136.00. As noted
above, this fee may be adjusted annually by your mover based on changes in the
household furnishings element of the Consumer Price Index.
Under both of these liability options, movers are permitted to limit their liability for loss or
damage to articles of extraordinary value, unless you specifically list these articles on
the shipping documents. An article of extraordinary value is any item whose value
exceeds $100 per pound ($220 per kilogram). Ask your mover for a complete
explanation of this limitation before your move. It is your responsibility to study this
provision carefully and make the necessary declaration.
These optional levels of liability are not insurance agreements governed by State
insurance laws, but instead are 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 of 60 cents per pound ($1.32
per kilogram) per article (Option 1). 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 liability option 1 but ship household goods valued at more than 60 cents
per pound ($1.32 per kilogram) per article.
(3) You fail to notify your mover in writing of articles valued at more than $100 per
pound ($220 per kilogram). (If you
do notify your
mover, you will be entitled to full
recovery up to the declared value of the article or articles, not to exceed the declared
value of the entire shipment.)
What Are Dangerous or Hazardous Materials That May Limit or Reduce My
Mover’s Normal Liability?
Federal law forbids you to ship hazardous materials in your household goods boxes or
luggage without informing your mover. A violation can result in five years’ imprisonment
and penalties of $250,000 or more (49 U.S.C. 5124). You could also lose or damage
your household goods by fire, explosion, or contamination.
If you offer hazardous materials to your mover, you are considered a hazardous
materials shipper and must comply with the hazardous materials requirements in 49
CFR parts 171, 172, and 173, including but not limited to package labeling and marking,
shipping papers, and emergency response information. Your mover must comply with
49 CFR parts 171, 172, 173, and 177 as a hazardous materials carrier.
Hazardous materials include explosives, compressed gases, flammable liquids and
solids, oxidizers, poisons, corrosives, and radioactive materials. Examples: 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 US DOT number the
advertised service will originate.
(2) US DOT number, assigned by FMCSA, authorizing your mover to operate.
Your mover must display the information as: US DOT No. (assigned number).
You should compare the name or trade name of the mover and its US DOT
number to the name and US 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 loss or damage disputes involving loss of or damage to household goods.
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. 14704 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 would generally be
described in a section on declaring value on the bill of lading. A second tariff provision
may set the periods for filing claims. This would generally be described in Section 6 on
the reverse side of a bill of lading. A third tariff provision may reserve your mover’s right
to assess additional charges for additional services performed. For non-binding
estimates, another tariff provision may base charges upon the exact weight of the goods
transported. Your mover’s tariff may contain other provisions that apply to your move.
Ask your mover what they might be, and request a copy.
Must My Mover Have an Arbitration Program?
Your mover must have an arbitration program for your use in resolving disputes
concerning loss or damage to your household goods. You have the right not to
participate in the arbitration program. You may pursue court action under 49 U.S.C.
14704 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 will be bound by arbitration for claims of $5,000 or less if you request
arbitration.
(8) You will be bound by arbitration for claims of more than $5,000 only if you
request arbitration and your mover agrees to it.
(9) If you and your mover both agree, the arbitrator may provide for an oral
presentation of a dispute by a party or representative of a party.
(10) The arbitrator must render a decision within 60 days of receipt of written
notification of the dispute, and a decision by an arbitrator may include any
remedies appropriate under the circumstances.
(11) The 60-day period may be extended for a reasonable period if you fail, or
your mover fails, to provide information in a timely manner. Your mover must
produce and distribute a concise, easy-to-read, accurate summary of its
arbitration program.
Must My Mover Inform Me About My Rights and Responsibilities Under Federal
Law?
Yes, your mover must inform you about your rights and responsibilities under Federal
law. Your mover must produce and distribute this document. It should be in the general
order and contain the text of Appendix A to 49 CFR Part 375.
What Other Information Must My Mover Provide Me?
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 pamphlet.
(2) A concise, easy-to-read, 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 19 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 applicable to the rating of the freight).
(9) The volume of the freight (if applicable to the rating of the freight).
(10) The measurement of the freight (if applicable to the rating of the freight).
(11) Exact rate(s) assessed.
(12) 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.
(13) An indication of whether adjustments may apply to the bill.
(14) Total charges due and acceptable methods of payment.
(15) The nature and amount of any special service charges.
(16) The points where special services were rendered.
(17) Route of movement and name of each mover participating in the
transportation.
(18) Transfer points where shipments moved.
(19) 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. (Bills for charges exceeding
110 percent of a non-binding estimate, and for additional services requested or
found necessary after the shipment is in transit, will be presented no sooner than
30 days after the date of delivery).
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.
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™, Discover™, MasterCard™, or Visa™. If your mover agrees to accept
payment by charge or credit card, you must arrange with your mover for the delivery
only at a time when your mover can obtain authorization for your credit card transaction.
If you cause a charge or credit card issuer to reverse a transaction, your mover may
consider your action tantamount to forcing your mover to provide an involuntary
extension of its credit.
Subpart C—Service Options Provided
What Service Options May My Mover Provide?
Your mover may provide any service options it chooses. It is customary for movers to
offer several price and service options.
The total cost of your move may increase if you want additional or special services.
Before you agree to have your shipment moved under a bill of lading providing special
service, you should have a clear understanding with your mover of what the additional
cost will be. You should always consider whether other movers might provide the
services you require without requiring you to pay the additional charges.
One service option is a
space reservation.
If you agree to have your shipment
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 representative about the final costs you will pay.
Transport of Shipments on Two or More Vehicles
Although all movers try to move each shipment on one truck, it becomes necessary, at
times, to divide a shipment among two or more trucks. This may occur if your mover has
underestimated the cubic feet (meters) of space required for your shipment and it will
not all fit on the first truck. Your mover will pick up the remainder, or ‘‘leave behind,’’
on
a second truck at a later time, and this part of your shipment may arrive at the
destination later than the first truck. When this occurs, your transportation charges will
be determined as if the entire shipment had moved on one truck.
If it is important for you to avoid this inconvenience of a ‘‘leave behind,’’ be sure
your
estimate includes an accurate calculation of the cubic feet (meters) required for your
shipment. Ask your estimator to use a ‘‘Table of Measurements’’ form in making this
calculation. Consider asking for a binding estimate. A binding estimate is more likely to
be conservative with regard to cubic feet (meters) than a non-binding estimate. If the
mover offers space reservation service, consider purchasing this service for the
necessary amount of space plus some margin for error.
In any case, you would be prudent to ‘‘prioritize’’ your goods in advance of the move
so
the driver will load the more essential items on the first truck if some are left behind.
If My Mover Sells Liability Insurance Coverage, What Must My Mover Do?
If your mover provides the service of selling additional liability insurance, your mover
must follow certain regulations.
Your mover, its employees, or its agents, may sell, offer to sell, or procure additional
liability insurance coverage for you for loss or damage to your shipment if you release
the shipment for transportation at a value not exceeding 60 cents per pound ($1.32 per
kilogram) per article.
Your mover may offer, sell, or procure any type of insurance policy covering loss or
damage in excess of its specified liability.
Your mover must issue you a policy or other appropriate evidence of the insurance you
purchased. Your mover must provide a copy of the policy or other appropriate evidence
to you at the time your mover sells or procures the insurance. Your mover must issue
policies written in plain English.
Your mover must clearly specify the nature and extent of coverage under the policy.
Your mover’s failure to issue you a policy, or other appropriate evidence of insurance
you purchased, will subject your mover to full liability for any claims to recover loss or
damage attributed to it.
Your mover’s tariff must provide for liability insurance coverage. The tariff must also
provide for the base transportation charge, including its assumption of full liability for the
value of the shipment. This would offer you a degree of protection in the event your
mover fails to issue you a policy or other appropriate evidence of insurance at the time
of purchase.
Subpart D—Estimating Charges
Must My Mover Estimate the Transportation and Accessorial Charges for My
Move?
We require your mover to prepare a written estimate on every shipment transported for
you. You are entitled to a copy of the written estimate when your mover prepares it.
Your mover must provide you a written estimate of all charges, including transportation,
accessorial, and advance charges. Your mover’s ‘‘rate quote’’ is not an estimate.
You
and your mover must sign the estimate of charges. Your mover must provide you with a
dated copy of the estimate of charges at the time you sign the estimate.
You should be aware that if you receive an estimate from a household goods broker,
the mover is not required to accept the estimate. Be sure to obtain a written estimate
from the mover if a mover tells you orally that it will accept the broker’s estimate.
Your mover must specify the form of payment the mover and its delivering agent will
honor at delivery. Payment forms may include but are not limited to cash, certified
check, money order, cashier’s check, a specific charge card such as American
Express™, a specific credit card such as Visa™, and your mover’s own credit.
If your mover provides you with an estimate based on volume that will later be
converted to a weight-based rate, the mover must provide you an explanation in writing
of the formula used to calculate the conversion to weight. Your mover must specify that
the final charges will be based on actual weight and services. 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 an agreement made
in advance with your mover. 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 nonbonding 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.
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, the mover must not demand full payment for those
added services at time of delivery. Instead, the mover must bill for those services later,
as explained below. Such services might include destination charges that often are not
known at origin (such as long carry charges, shuttle charges, or extra stair carry
charges).
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™ or a specific
credit card such as Visa™. If you are unable to pay at the time the shipment is
delivered, the mover may place your shipment in storage at your expense until you pay
the charges.
Other requirements of binding estimates include the following eight elements:
(1) Your mover must retain a copy of each binding estimate as an attachment to
the bill of lading.
(2) Your mover must clearly indicate upon each binding estimate’s face that the
estimate is binding upon you and your mover. Each binding estimate must also
clearly indicate on its face that the charges shown are the charges to be
assessed for only those services specifically identified in the estimate.
(3) Your mover must clearly describe binding estimate shipments and all services
to be provided.
(4) If, before loading your shipment, your mover believes you are tendering
additional household goods or are requiring additional services not identified in
the binding estimate, and you and your mover cannot reach an agreement, your
mover may refuse to service the shipment. If your mover agrees to service the
shipment, your mover must 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. You
should read more below. This may seriously affect how much you may
pay for the entire move.
(5) Once your mover loads your shipment, your mover’s failure to execute a new
binding estimate or to agree with you to treat the original estimate as a nonbinding
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) Your mover may believe additional services are necessary to properly service
your shipment after your household goods are in transit. Your mover must inform
you what the additional services are before performing them. Your mover must
allow you at least one hour to determine whether you want the additional
services performed. Such additional services include carrying your furniture up
additional stairs or using an elevator. If these services do not appear on your
mover’s estimate, your mover must deliver your shipment and bill you later for
the additional services.
If you agree to pay for the additional services, your mover must execute a written
attachment to be made an integral part of the bill of lading and have you sign the
written attachment. This may be done through fax transmissions. You will be
billed for the additional services 30 days following the date of delivery.
(7) If you add additional services after your household goods are in transit, you
will be billed for the additional services but only be expected to pay the full
amount of the binding estimate to receive delivery. Your mover must bill you for
the balance of any remaining charges for these additional services no sooner
than 30 days after delivery. For example, if your binding estimate shows total
charges at delivery should be $1,000 but your actual charges at destination are
$1,500, your mover must deliver the shipment upon payment of $1,000. The
mover must bill you for the remaining $500 no sooner than after 30 days after the
date of delivery.
(8) Failure of your mover to relinquish possession of a shipment upon your offer
to pay the binding estimate amount 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 nonbinding
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 the same weight shipment moving the same distance. If you
obtain different non-binding estimates from different movers, you must pay only the
amount specified in your mover’s tariff. Therefore, a non-binding estimate may have no
effect on the amount that you will ultimately have to 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
your goods are in transit, the mover will then bill you 30 days after delivery for any
remaining charges.
Non-binding estimates must be in writing and clearly describe the shipment and all
services provided. Any time a mover provides such an estimate, the amount of the
charges estimated must be on the order for service and bill of lading related to your
shipment. When you are given a non-binding estimate, do not sign or accept the order
for service or bill of lading unless the mover enters the amount estimated on each form
it prepares.
Other requirements of non-binding estimates include the following ten elements:
(1) Your mover must provide reasonably accurate non-binding estimates based
upon the estimated weight of the shipment and services required.
(2) Your mover must explain to you that all charges on shipments moved under
non-binding estimates will be those appearing in your mover’s tariffs applicable to
the transportation. If your mover provides a non-binding estimate of approximate
costs, your mover is not bound by such an estimate.
(3) Your mover must furnish non-binding estimates without charge and in writing
to you.
(4) Your mover must retain a copy of each non-binding estimate as an
attachment to the bill of lading.
(5) Your mover must clearly indicate on the face of a non-binding estimate that
the estimate is not binding upon your mover and the charges shown are the
approximate charges to be assessed for the services identified in the estimate.
(6) Your mover must clearly describe on the face of a non-binding estimate the
entire shipment and all services to be provided.
(7) If, before loading your shipment, your mover believes you are tendering
additional household goods or requiring additional services not identified in the
non-binding estimate, and you and your mover cannot reach an agreement, your
mover may refuse to service the shipment. If your mover agrees to service the
shipment, your mover must do one of the following two things:
(a) Re-affirm 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.
(9) Your mover may believe additional services are necessary to properly service
your shipment after your household goods are in transit. Your mover must inform
you what the additional services are before performing them. Your mover must
allow you at least one hour to determine whether you want the additional
services performed. Such additional services include carrying your furniture up
additional stairs or using an elevator. If these services do not appear on your
mover’s estimate, your mover must deliver your shipment and bill you later for
the additional services.
If you agree to pay for the additional services, your mover must execute a written
attachment to be made an integral part of the bill of lading and have you sign the
written attachment. This may be done through fax transmissions. You will be
billed for the additional services after 30 days from delivery.
(10) If you add additional services after your household goods are in transit, you
will be billed for the additional services. To receive delivery, however, you are
required to pay no more than 110 percent of the non-binding estimate. At least
30 days after delivery, your mover must bill you for any remaining balance,
including the additional services you requested. For example, if your non-binding
estimate shows total charges at delivery should be $1,000 but your actual
charges at destination are $1,500, your mover must deliver the shipment upon
payment of $1,100. The mover must bill you for the remaining $400 no sooner
than 30 days after the date of delivery.
If your mover furnishes a non-binding estimate, your mover must enter the
estimated charges upon the order for service and upon the bill of lading. Your
mover must retain a record of all estimates of charges for each move performed
for at least one year from the date your mover made the estimate.
What Payment Arrangements Must My Mover Have in Place To Secure Delivery of
My Household Goods Shipment?
If your total bill is 110 percent or less of the non-binding estimate, the mover can require
payment in full upon delivery. If the bill exceeds 110 percent of the non-binding
estimate, your mover must relinquish possession of the shipment at the time of delivery
upon payment of 110 percent of the estimated amount. 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 constitutes its failure to transport the shipment
with ‘‘reasonable dispatch’’ and subjects your mover to your cargo delay claims under
49 CFR part 370.
Your mover must bill for the payment of the balance of any remaining charges after 30
days from delivery.
Subpart E—Pickup of My Shipment of Household Goods
Must My Mover Write Up an Order for Service?
We require your mover to prepare an order for service on every shipment transported
for you. You are entitled to a copy of the order for service when your mover prepares it.
The order for service is not a contract. Should you cancel or delay your move or if you
decide not to use the mover, you should promptly cancel the order. If you or your mover
changes 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 US 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 at the time of delivery to
obtain possession of the shipment, when transported on a collect-on-delivery
basis.
(10) 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(s) where your mover will transmit such communications.
You and your mover must sign the order for service. Your mover must provide a
dated copy of the order for service to you at the time your mover signs the order.
Your mover must provide you the opportunity to rescind the order for service
without any penalty for a three-day period after you sign the order for service, if
you scheduled the shipment to be loaded more than three days after you sign the
order.
Your mover should provide you with documents that are as complete as possible,
and with all charges clearly identified. However, as a practical matter, your mover
usually cannot give you a complete bill of lading before transporting your goods.
This is both because the shipment cannot be weighed until it is in transit and
because other charges for service, such as unpacking, storage-in-transit, and
various destination charges, cannot be determined until the shipment reaches its
destination.
Therefore, your mover can require you to sign a partially complete bill of lading if
it contains all relevant information except the actual shipment weight and any
other information necessary to determine the final charges for all services
provided. Signing the bill of lading allows you to choose the valuation option,
request special services, and/or acknowledge the terms and conditions of
released valuation.
Your mover also may provide you, strictly for informational purposes, with blank
or incomplete documents pertaining to the move. Before loading your shipment,
and upon mutual agreement of both you and your mover, your mover may
amend an order for service. Your mover must retain 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 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) 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 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 under the mover’s tariffs based upon weight, your mover must determine the
weight of the shipment. 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.
If your mover is transporting your shipment based upon the volume of the shipment—
that is, a set number of cubic feet (or yards or meters) — the weight of the shipment
likewise 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 or volume 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. In
lieu of this requirement, your mover must not add fuel between the two weighings when
the tare weighing is the first weighing performed.
Your mover may detach the trailer of a tractor-trailer vehicle combination from the
tractor and have the trailer weighed separately at each weighing provided the length of
the scale platform is adequate to accommodate and support the entire trailer.
Your mover may use an alternative method to weigh your shipment if it weighs 3,000
pounds (1,362 kilograms) or less. The only alternative method allowed is weighing the
shipment upon a platform or warehouse certified scale before loading your shipment for
transportation or after unloading.
Your mover must use the net weight of shipments transported in large containers, such
as ocean or railroad containers. Your mover will calculate the difference between the
tare weight of the container (including all pads, blocking and bracing used in the
transportation of your shipment) and the gross weight of the container with your
shipment loaded in the container.
You have the right, and your mover must inform you of your right, to observe all
weighings of your shipment. Your mover must tell you where and when each weighing
will occur. Your mover must give you a reasonable opportunity to be present to observe
the weighings. You may waive your right to observe any weighing or reweighing. This
does not affect any of your other rights under Federal law.
Your mover may request you waive your right to have a shipment weighed upon a
certified scale. Your mover may want to weigh the shipment upon a trailer’s on-board,
non-certified scale. You should demand your right to have a certified scale used. The
use of a non-certified scale may cause you to pay a higher final bill for your move, if the
non-certified scale does not accurately weigh your shipment. Remember that certified
scales are inspected and approved for accuracy by a government inspection or
licensing agency. Non-certified scales are not inspected and approved for accuracy by a
government inspection or licensing agency.
Your mover must obtain a separate weight ticket for each weighing. The weigh master
must sign each weight ticket. Each weight ticket must contain the following six items:
(1) The complete name and location of the scale.
(2) The date of each weighing.
(3) Identification of the weight entries as being the tare, gross, or net weights.
(4) The company or mover identification of the vehicle.
(5) Your last name as it appears on the Bill of Lading.
(6) Your mover’s shipment registration or Bill of Lading number.
Your mover must retain the original weight ticket or tickets relating to the determination
of the weight of your shipment as part of its file on your shipment. When both weighings
are performed on the same scale, one weight ticket may be used to record both
weighings. Your mover must present all freight bills with true copies of all weight tickets.
If your mover does not present its freight bill with all weight tickets, your mover is in
violation of Federal law. Before the driver actually begins unloading your shipment
weighed at origin and after your mover informs you of the billing weight and total
charges, you have the right to demand a 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 re-weighings. 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 re-weigh weight.
Before requesting a re-weigh, you may find it to your advantage to estimate the weight
of your shipment using the following three-step method:
1. Count the number of items in your shipment. Usually there will be either 30 or
40 items listed on each page of the inventory. For example, if there are 30 items
per page and your inventory consists of four complete pages and a fifth page
with 15 items listed, the total number of items will be 135.
If an
automobile is
listed on the inventory, do not include this item in the count of the total
items
.
2. Subtract the weight of any automobile included in your shipment from the total
weight of the shipment. If the automobile was not weighed separately, its weight
can be found on its title or license receipt.
3. Divide the number of items in your shipment into the weight. If the average
weight resulting from this exercise ranges between 35 and 45 pounds (16 and 20
kilograms) per article, it is unlikely a 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 or volume and charges upon 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. 14704.
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 nine-month period after the date of conversion to
permanent storage, during which you may file claims against your mover for loss
or damage occurring to your goods while in transit or during the storage-in-transit
period.
(3) Your mover’s liability will end.
(4) Your property will be subject to the rules, regulations, and charges of the
warehouseman. Your mover must make this notification at least 10 days before
the expiration date of one of the following two periods of time:
(i) The specified period of time when your mover is to hold your goods in
storage.
(ii) 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. 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. Your mover must specify on the estimate, order for service, and bill of lading the
form of payment acceptable to it (for example, cash).
If My Shipment Is Transported on More Than One Vehicle, What Charges May My
Mover Collect at Delivery?
Although all movers try to move each shipment on one truck, it becomes necessary at
times to divide a shipment among two or more trucks. This frequently occurs when an
automobile is included in the shipment and it is transported on a vehicle specially
designed to transport automobiles. When this occurs, your transportation charges are
the same as if the entire shipment moved on one truck.
If your shipment is divided for transportation on two or more trucks, the mover may
require payment for each portion as it is delivered.
Your mover may delay the collection of all the charges until the entire shipment is
delivered, at its discretion, not yours. When you order your move, you should ask the
mover about its policies in this regard.
If My Shipment Is Partially Lost or Destroyed, What Charges May My Mover
Collect at Delivery?
Movers customarily make every effort to avoid losing, damaging, or destroying any of
your items while your shipment is in their possession for transportation. However,
despite the precautions taken, articles are sometimes lost or destroyed during the
move.
In addition to any money you may recover from your mover to compensate for lost or
destroyed articles, you may also recover the transportation charges represented by the
portion of the shipment lost or destroyed. Your mover may only apply this paragraph to
the transportation of household goods. Your mover may disregard this paragraph if loss
or destruction was due to an act or omission by you. Your mover must require you to
pay any specific valuation charge due.
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.
Your mover may first collect its freight charges for the entire shipment, if your mover
chooses. At the time your mover disposes of claims for loss, damage, or injury to the
articles in your shipment, it must refund the portion of its freight charges corresponding
to the portion of the lost or destroyed shipment (including any charges for accessorial or
terminal services).
Your mover is forbidden from collecting, or requiring you to pay, any freight charges
(including any charges for accessorial or terminal services) when your household goods
shipment is
totally lost or destroyed
in transit, unless the loss or destruction was due to
an act or omission by you.
How Must My Mover Calculate the Charges Applicable to the Shipment as
Delivered?
Your mover must multiply the percentage corresponding to the delivered shipment times
the total charges applicable to the shipment tendered by you to obtain the total charges
it must collect from you.
If your mover’s computed charges exceed the charges otherwise applicable to the
shipment as delivered, the lesser of those charges must apply. This will apply only to
the transportation of your household goods.
Your mover must require you to pay any specific valuation charge due.
Your mover may not refund the freight charges if the loss or destruction was due to an
act or omission by you. For example, you fail to disclose to your mover that your
shipment contains perishable live plants. Your mover may disregard its loss or
destruction of your plants, because you failed to inform your mover you were
transporting live plants.
Your mover must determine, at its own expense, the proportion of the shipment, based
on actual or constructive weight, not lost or destroyed in transit.
Your rights are in addition to, and not in lieu of, any other rights you may have with
respect to your shipment of household goods your mover lost or destroyed, or partially
lost or destroyed, in transit. This applies whether or not you have exercised your rights
provided above.
Subpart H—Collection of Charges
Does This Subpart Apply to Most Shipments?
It applies to all shipments of household goods that involve a balance due freight or
expense bill or are shipped on credit.
How Must My Mover Present Its Freight or Expense Bill to Me?
At the time of payment of transportation charges, your mover must give you a freight bill
identifying the service provided and the charge for each service. It is customary for most
movers to use a copy of the bill of lading as a freight bill; however, some movers use an
entirely separate document for this purpose.
Except in those instances where a shipment is moving on a binding estimate, the freight
bill must specifically identify each service performed, the rate or charge per service
performed, and the total charges for each service.
If this information
is not on the
freight bill, do not accept or pay the freight bill.
Movers’ tariffs customarily specify that freight charges must be paid in cash, by certified
check, or by cashier’s check. When this requirement exists, the mover will not accept
personal checks. At the time you order your move, you should ask your mover about the
form of payment your mover requires.
Some movers permit payment of freight charges by use of a charge or credit card.
However, do not assume your nationally recognized charge, credit, or debit card will be
acceptable for payment. Ask your mover at the time you request an estimate. Your
mover must specify the form of payment it will accept at delivery.
If you do not pay the transportation charges at the time of delivery, your mover has the
right, under the bill of lading, to refuse to deliver your goods. The mover may place them
in storage, at your expense, until the charges are paid. However, the mover must
deliver your goods upon payment of 100 percent of a binding estimate.
If, before payment of the transportation charges, you discover an error in the charges,
you should attempt to correct the error with the driver, the mover’s local agent, or by
contacting the mover’s main office. If an error is discovered after payment, you should
write the mover (the address will be on the freight bill) explaining the error, and request
a refund.
Movers customarily check all shipment files and freight bills after a move has been
completed to make sure the charges were accurate. If an overcharge is found, you
should be notified and a refund 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 charges exceeding 110 percent of a nonbinding
estimate, and for additional services requested or found necessary after the
shipment is in transit, will be presented no sooner than 30 days from the date of
delivery.)
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 charges exceeding 110 percent of a non-binding estimate, and
charges for additional services requested or found necessary after the shipment is in
transit, will be presented no sooner than 30 days after the date of delivery.)
What Actions May My Mover Take To Collect From Me the Charges Upon Its
Freight Bill?
Your mover must present a freight bill within 15 days (excluding Saturdays, Sundays,
and Federal holidays) of the date of delivery of a shipment at your destination. (Bills for
charges exceeding 110 percent of a non-binding estimate, and for additional services
requested or found necessary after the shipment is in transit, will be presented no
sooner than 30 days after the date of delivery.)
The credit period must be 7 days (excluding Saturdays, Sundays, and Federal
holidays). Your mover must provide in its tariffs the following three things:
(1) A provision automatically extending the credit period to a total of 30 calendar
days for you if you have not paid its freight bill within the 7-day period.
(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 b ills 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, but only in either of two circumstances. You
may be entitled to attorney’s fees if you submitted your claim to the carrier within 120
days after delivery, and a decision was not rendered through arbitration within the time
required by law. You also may be entitled to attorney’s fees if you submitted your claim
to the carrier within 120 days after delivery, the court enforced an arbitration decision in
your favor, and the time for the carrier to comply with the decision has passed.
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. 14704. 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 certain types
of unresolved loss or damage claims through a neutral arbitrator. You may find
submitting your claim to arbitration under such a program to be a less expensive and
more convenient way to seek recovery of your claim. Your mover is required to provide
you with information about its arbitration program before you move. If your mover fails to
do so, ask the mover for 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.
If your mover holds your goods ‘‘hostage’’ - refuses delivery unless you pay an amount
you believe the mover is not entitled to charge - the Federal Motor Carrier Safety
Administration does not have the resources to seek a court injunction on your behalf.