49 C.F.R. Subpart E—Pick Up of Shipments of Household Goods
Title 49 - Transportation
(a) Before you receive a shipment of household goods you will move for an individual shipper, you must prepare an order for service. The order for service must contain the information described in the following 15 items: (1) Your name and address and the FMCSA U.S. DOT number assigned to the mover who is responsible for performing the service. (2) The individual shipper's name, address, and, if available, telephone number(s). (3) The name, address, and telephone number of the delivering mover's office or agent located at or nearest to the destination of the shipment. (4) A telephone number where the individual shipper/consignee may contact you or your designated agent. (5) One of the following three entries must be on the order for service: (i) The agreed pickup date and agreed delivery date of the move. (ii) The agreed period(s) of the entire move. (iii) If you are transporting the shipment on a guaranteed service basis, the guaranteed dates or periods for pickup, transportation, and delivery. You 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, who will participate in interline transportation of the shipment. (7) The form of payment you and your agents will honor at delivery. The payment information must be the same that 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 you will demand at the time of delivery to obtain possession of the shipment, when you transport 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 released rates may be increased annually by the carrier based on the 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, subject to the following two conditions: (i) If you provide service for individual shippers on rates based upon the transportation of a minimum weight or volume, you must indicate on the order for service the minimum weight- or volume-based rates, and the minimum charges applicable to the shipment. (ii) If you do not indicate the minimum rates and charges, your tariff must provide you will compute the final charges relating to such a shipment based upon the actual weight or volume of the shipment. (12) Any identification or registration number you assign to the shipment. (13) For non-binding estimates, your reasonably accurate estimate of the amount of the charges, the method of payment of total charges, and the maximum amount (no more than 110 percent of the non-binding estimate) you will demand at the time of delivery to relinquish possession of the shipment. (14) For binding estimates, the amount of charges you will demand based upon the binding estimate and the terms of payment under this estimate. (15) Whether the individual shipper requests notification of the charges before delivery. The individual shipper must provide you with the fax number(s) or address(es) where you will transmit the notifications by fax transmission; e-mail; overnight courier; or certified mail, return receipt requested. (b) You, your agent, or your driver must inform the individual shipper if you reasonably expect a special or accessorial service is necessary to safely transport a shipment. You must refuse to accept the shipment when you reasonably expect a special or accessorial service is necessary to safely transport a shipment and the individual shipper refuses to purchase the special or accessorial service. You must make a written note if the shipper refuses any special or accessorial services that you reasonably expect to be necessary. (c) You and the individual shipper must sign the order for service. You must provide a dated copy of the order for service to the individual shipper at the time you sign the order. (d)(1) You may provide the individual shipper with blank or incomplete estimates, orders for service, bills of lading, or any other blank or incomplete documents pertaining to the move. (2) You may require the individual shipper to sign an incomplete document at origin provided it contains all relevant shipping information except the actual shipment weight and any other information necessary to determine the final charges for all services performed. (e) You must provide the individual shipper the opportunity to rescind the order for service without any penalty for a three-day period after the shipper signs the order for service, if the shipper scheduled the shipment to be loaded more than three days after signing the order. (f) Before loading the shipment, and upon mutual agreement of both you and the individual shipper, you may amend an order for service. (g) You must retain a copy of the order for service for each move you perform for at least one year from the date you made the order for service and keep it as an attachment to be made an integral part of the bill of lading contract. (h) You have the option of placing the valuation statement on either the order for service or the bill of lading, provided the order for service or bill of lading states the appropriate valuation selected by the shipper. [68 FR 35091, June 11, 2003, as amended at 69 FR 10576, Mar. 5, 2004] (a) You must prepare a written, itemized inventory for each shipment of household goods you transport for an individual shipper. The inventory must identify every carton and every uncartoned item that is included in the shipment. When you prepare the inventory, an identification number that corresponds to the inventory must be placed on each article that is included in the shipment. (b) You must prepare the inventory before or at the time of loading in the vehicle for transportation in a manner that provides the individual shipper with the opportunity to observe and verify the accuracy of the inventory if he or she so requests. (c) You must furnish a complete copy of the inventory to the individual shipper before or at the time of loading the shipment. A copy of the inventory, signed by both you and the individual shipper, must be provided to the shipper, together with a copy of the bill of lading, before or at the time you load the shipment. (d) Upon delivery, you must provide the individual shipper with the opportunity to observe and verify that the same articles are being delivered and the condition of those articles. You must also provide the individual shipper the opportunity to note in writing any missing articles and the condition of any damaged or destroyed articles. In addition, you must also provide the shipper with a copy of all such notations. (e) You must retain inventories for each move you perform for at least one year from the date you made the inventory and keep it as an attachment to be made an integral part of the bill of lading contract. [68 FR 35091, June 11, 2003, as amended at 69 FR 10576, Mar. 5, 2004] (a) You must issue a bill of lading. The bill of lading must contain the terms and conditions of the contract. A bill of lading may be combined with an order for service to include all the items required by §375.501 of this subpart. You must furnish a partially complete copy of the bill of lading to the individual shipper before the vehicle leaves the residence at origin. The partially complete bill of lading must contain all relevant shipment information, except the actual shipment weight and any other information necessary to determine the final charges for all services performed. (b) On a bill of lading, you must include the following 14 items: (1) Your 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 transportation of the shipment. (3) The name, address, and telephone number of your office (or the office of your agent) where the individual shipper can contact you in relation to the transportation of the shipment. (4) The form of payment you and your agents will honor at delivery. The payment information must be the same that was entered on the estimate and order for service. (5) When you transport on a collect-on-delivery basis, the name, address, and if furnished, the telephone number, facsimile number, or e-mail address of a person to notify about the charges. The notification may also be made by overnight courier or certified mail, return receipt requested. (6) For non-guaranteed service, the agreed date or period of time for pickup of the shipment and the agreed date or period of time for the delivery of the shipment. The agreed dates or periods for pickup and delivery entered upon the bill of lading must conform to the agreed 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, subject to tariff provisions, the dates for pickup and delivery, and any penalty or per diem entitlements due the individual shipper under the agreement. (8) The actual date of pickup. (9) The company or carrier identification number of the vehicle(s) upon which you load the individual shipper's shipment. (10) The terms and conditions for payment of the total charges, including notice of any minimum charges. (11) The maximum amount you will demand at the time of delivery to obtain possession of the shipment, when you transport 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 released rates may be increased annually by the carrier based on the Department of Commerce's Cost of Living Adjustment. (13) Evidence of any insurance coverage sold to or procured for the individual shipper 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 elsewhere to the shipper, the following three items must be added as an attachment to the bill of lading. (i) The binding or non-binding estimate. (ii) The order for service. (iii) The inventory. (c) A copy of the bill of lading must accompany a shipment at all times while in your (or your agent's) possession. Before the vehicle leaves the residence of origin, the bill of lading must be in the possession of the driver responsible for the shipment. (d) You must retain bills of lading for each move you perform for at least one year from the date you created the bill of lading. (e) You have the option of placing the valuation statement on either the order for service or the bill of lading, provided the order for service or bill of lading states the appropriate valuation selected by the shipper. [68 FR 35091, June 11, 2003, as amended at 69 FR 10576, Mar. 5, 2004]
Title 49: Transportation
PART 375—TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE; CONSUMER PROTECTION REGULATIONS
Subpart E—Pick Up of Shipments of Household Goods
Before Loading
§ 375.501 Must I write up an order for service?
§ 375.503 Must I write up an inventory?
§ 375.505 Must I write up a bill of lading?
Weighing the Shipment
§ 375.507 Must I determine the weight of a shipment?
(a) When you transport household goods on a non-binding estimate dependent upon the shipment weight, you must determine the weight of each shipment transported before the assessment of any charges.
(b) You must weigh the shipment upon a certified scale.
(c) You must provide a written explanation of volume to weight conversions, when you provide an estimate by volume and convert the volume to weight.
§ 375.509 How must I determine the weight of a shipment?
(a) You must weigh the shipment by using one of the following two methods:
(1) First method—origin weigh. You determine the difference between the tare weight of the vehicle before loading at the origin of the shipment and the gross weight of the same vehicle after loading the shipment.
(2) Second method—back weigh. You determine the difference between the gross weight of the vehicle with the shipment loaded and the tare weight of the same vehicle after you unload the shipment.
(b) The following three conditions must exist for both the tare and gross weighings:
(1) The vehicle must have installed or loaded all pads, dollies, hand trucks, ramps, and other equipment required in the transportation of the shipment.
(2) The driver and other persons must be off the vehicle at the time of either weighing.
(3) The fuel tanks on the vehicle must be full at the time of each weighing, or, in the alternative, when you use the first method—origin weigh, in paragraph (a)(1) of this section, where the tare weighing is the first weighing performed, you must refrain from adding fuel between the two weighings.
(c) You 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 at one time.
(d) You must use the net weight of shipments transported in containers. You must calculate the difference between the tare weight of the container (including all pads, blocking and bracing used in the transportation of the shipment) and the gross weight of the container with the shipment loaded in the container.
§ 375.511 May I use an alternative method for shipments weighing 3,000 pounds or less?
For shipments weighing 3,000 pounds or less (1,362 kilograms or less), you may weigh the shipment upon a platform or warehouse certified scale before loading for transportation or after unloading.
§ 375.513 Must I give the individual shipper an opportunity to observe the weighing?
You must give the individual shipper or any other person responsible for the payment of the freight charges the right to observe all weighings of the shipment. You must advise the individual shipper, or any other person entitled to observe the weighings, where and when each weighing will occur. You must give the person who will observe the weighings a reasonable opportunity to be present to observe the weighings.
§ 375.515 May an individual shipper waive his/her right to observe each weighing?
(a) If an individual shipper elects not to observe a weighing, the shipper is presumed to have waived that right.
(b) If an individual shipper elects not to observe a reweighing, the shipper must waive that right in writing. The individual shipper may send the waiver notification via fax transmission; e-mail; overnight courier; or certified mail, return receipt requested.
(c) Waiver of the right to observe a weighing or re-weighing does not affect any other rights of the individual shipper under this part or otherwise.
[68 FR 35091, June 11, 2003, as amended at 69 FR 10576, Mar. 5, 2004]
§ 375.517 May an individual shipper demand re-weighing?
After you inform the individual shipper of the billing weight and total charges and before actually beginning to unload a shipment weighed at origin (first method under §375.509(a)(1)), the individual shipper may demand a re-weigh. You must base your freight bill charges upon the re-weigh weight.
§ 375.519 Must I obtain weight tickets?
(a) You must obtain weight tickets whenever we require you to weigh the shipment in accordance with this subpart. You 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) The identification of the weight entries as being the tare, gross, or net weights.
(4) The company or carrier identification of the vehicle.
(5) The last name of the individual shipper as it appears on the bill of lading.
(6) The carrier's shipment registration or bill of lading number.
(b) When both weighings are performed on the same scale, one weight ticket may be used to record both weighings.
(c) As part of the file on the shipment, you must retain the original weight ticket or tickets relating to the determination of the weight of a shipment.
(d) All freight bills you present to an individual shipper must include true copies of all weight tickets obtained in the determination of the shipment weight in order to collect any shipment charges dependent upon the weight transported.
§ 375.521 What must I do if an individual shipper wants to know the actual weight or charges for a shipment before I tender delivery?
(a) If an individual shipper of a shipment being transported on a collect-on-delivery basis specifically requests notification of the actual weight or volume and charges on the shipment, you must comply with this request. This requirement is conditioned upon the individual shipper's supplying you with an address or telephone number where the individual shipper will receive the communication. You must make your notification by telephone; in person; fax transmissions; e-mail; overnight courier; or certified mail, return receipt requested.
(b) The individual shipper must receive your notification at least one full 24-hour day before any tender of the shipment for delivery, excluding Saturdays, Sundays and Federal holidays.
(c) You may disregard the 24-hour notification requirement on shipments in any one of the following three circumstances:
(1) The shipment will be back weighed (i.e., weighed at destination).
(2) Pickup and delivery encompass two consecutive weekdays, if the individual shipper agrees.
(3) The shipment is moving under a non-binding estimate and the maximum payment required at time of delivery is 110 percent of the estimated charges, but only if the individual shipper agrees to waive the 24-hour notification requirement.
[68 FR 35091, June 11, 2003, as amended at 69 FR 10576, Mar. 5, 2004]
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