32 C.F.R. Subpart E—Carrier Recovery Claims
Title 32 - National Defense
This subpart explains how to assert and settle claims against carriers, warehousemen, and contractors for loss and damage to personal property. (a) Bill of lading. A contract for movement and delivery of goods. (1) Carriers issue commercial bills of lading. (2) Transportation officers issue government bills of lading (GBL). GBLs include the terms and conditions of commercial bills of lading with certain exceptions. (3) The GBL is all of the following: (i) A receipt for goods tendered to a carrier. (ii) A contract. (iii) A document authorizing collection of transportation bills the carrier presents. (b) Carrier. Any moving company, personal property forwarder, or freight forwarder holding a certificate or permit issued by a federal or state regulatory agency or approved by the Department of Defense for international shipments. (c) Military Traffic Management Command (MTMC). The Department of Defense management agency for military traffic, land transportation, and common user ocean terminals. Among other responsibilities, MTMC manages the DOD household goods moving and storage program worldwide. The Army has single service responsibility for MTMC. (d) Regional Storage Management Office (RSMO). The MTMC office responsible for negotiating and administering all storage contracts within a geographical area. The contracting officer of each RSMO makes involuntary collections of nontemporary storage loss and damage claims. (e) Net weight. The weight of the fully-loaded van or shipping crate (gross weight), less the weight of the empty van or shipping crate (tare weight). (f) Nontemporary storage (NTS). All authorized storage not in connection with a GBL. NTS usually exceeds 180 days and normally includes packing and shipping of household goods to the warehouse. (g) Storage in transit (SIT). Storage of a shipment by a carrier at origin, enroute, or at destination. SIT is initially limited to 90 days. The transportation officer may extend it to a maximum of 180 days. (h) Tender of service. A carrier's offer to do business with the Department of Defense, including the terms and conditions of the agreement. The Personal Property Traffic Management Regulation (PPTMR), DOD Regulation 4500.34, Appendix A, contains this agreement. (a) Settlement authority: (1) These individuals have delegated authority to settle, compromise, suspend, or terminate action on claims for $20,000 or less and to accept full payment on any claim: (i) The Judge Advocate General. (ii) The Deputy Judge Advocate General. (iii) The Director of Civil Law. (iv) Chief, Deputy Chief, and Branch Chiefs, Claims and Tort Litigation Staff. (v) The SJAs of HQ PACAF, HQ USAFE, and HQ 9AF (for HQ CENTCOM). (2) These individuals have delegated authority to settle, compromise, suspend, or terminate action on claims for $15,000 or less and to accept full payment on any claim: (i) SJAs of GCMs in PACAF and USAFE. (ii) SJAs of single base GCMs. (3) SJAs of each Air Force base, station, or fixed installation have delegated authority to settle, compromise, suspend, or terminate action on claims for $10,000 or less and to accept full payment on any claim. (b) Redelegation of authority. An individual with settlement authority may redelegate this authority, in writing, to a subordinate judge advocate or civilian attorney. (c) Authority to reduce, withdraw, or restore settlement authority. Any superior settlement authority may reduce, withdraw, or restore settlement authority. (a) International commercial air shipments. The government must file suit within 2 years after the delivery date. The period for notifying these carriers of loss or damage is 3 days for luggage, and 7 days for other goods. Setoff is not possible in these cases. Uncollectible claims are sent to HQ USAF/JACC within 6 months from the date of delivery. (b) All other CR claims. The government must file suit within 6 years after the cause of action accrues. It accrues when a responsible US official, service member, or employee knew or reasonably should have known the material facts that caused the claimed loss. The requirement to file a claim within 9 months under commercial bills of lading does not apply to GBLs.
Title 32: National Defense
PART 842—ADMINISTRATIVE CLAIMS
Subpart E—Carrier Recovery Claims
§ 842.36 Scope of this subpart.
§ 842.37 Definitions.
§ 842.38 Delegations of authority.
§ 842.39 Statute of limitations.
