DOT 49 CFR PART 1310-2010 TARIFF REQUIREMENTS FOR HOUSEHOLD GOODS CARRIERS.pdf

1、219 Surface Transportation Board, DOT 1310.3 (d) The notice required by this sec-tion must clearly identify the increase in rates or charges or the change in service terms. PART 1310TARIFF REQUIREMENTS FOR HOUSEHOLD GOODS CAR-RIERS Sec. 1310.1 Scope; definitions. 1310.2 Requirement to maintain tarif

2、fs. 1310.3 Contents of tariffs. 1310.4 Incorporation of tariff provisions by reference. 1310.5 Availability of tariffs at carrier of-fices. 1310.6 Furnishing copies of tariff publica-tions. AUTHORITY: 49 U.S.C. 721(a), 13702(a), 13702(c) and 13702(d). SOURCE: 62 FR 5171, Feb. 4, 1997, unless oth-erw

3、ise noted. 1310.1 Scope; definitions. (a) The provisions of this part ad-dress the tariff requirements imposed by 49 U.S.C. 13702 on motor carriers and freight forwarders for the transpor-tation of household goods, and the no-tice requirements with which such car-riers must comply in order to be ent

4、i-tled to enforce the provisions of their tariffs against individuals whose ship-ments are subject to such tariffs. (b) The provisions of this part apply to all movements of household goods defined in paragraph (c)(1) of this sec-tion, and to those movements of house-hold goods defined in paragraph

5、(c)(2) of this section that are not provided under contracts entered into pursuant to 49 U.S.C. 14101(b) or former 49 U.S.C. 10702 (repealed January 1, 1996). (c) For the purposes of this part, the term household goods means personal effects and property used or to be used in a dwelling, when a part

6、 of the equip-ment or supply of such dwelling, and similar property if the transportation of such effects or property is: (1) Arranged and paid for by the householder, including transportation of property from a factory or store when the property is purchased by the householder with intent to use in

7、 his or her dwelling; or (2) Arranged and paid for by another party. (d) For the purposes of this part serv-ice terms means all classifications, rules, regulations and practices that affect the rates, charges, or level of service for movements of household goods. 1310.2 Requirement to maintain tar-i

8、ffs. (a) Except when providing transpor-tation for charitable purposes without charge, carriers subject to the Boards jurisdiction under Chapter 135 of Title 49 of the United States Code may pro-vide transportation or service for movements of household goods only if the rates, and related rules and

9、prac-tices, for such transportation or serv-ice are contained in a published tariff that is in effect under this section. The carrier may not charge or receive a dif-ferent compensation for the transpor-tation or service than the rate speci-fied in the tariff, whether by returning a part of that rat

10、e to a person, by giv-ing a person a privilege, by allowing the use of a facility that affects the value of that transportation or service, or through another device. Tariffs shall be published in the English language and rates shall be stated in money of the United States. (b) Tariffs maintained pu

11、rsuant to this part must be available for inspec-tion by the Board, and must be pro-vided to the Board promptly and free of charge, upon request, by mail or other delivery service. (c) A carrier that maintains a tariff pursuant to this part may not enforce the provisions of the tariff unless the car

12、rier has given notice that the tariff is available for inspection in its bill of lading or by other actual notice to in-dividuals whose shipments are subject to the tariff, as provided in 1310.4 of this part. (d) The Board may invalidate a tariff prepared by or on behalf of a carrier under this part

13、 if that tariff violates 49 U.S.C. 13702 or the regulations con-tained in this part. 1310.3 Contents of tariffs. (a) Tariffs prepared under this part must include an accurate description of the services offered to the public; must provide the specific applicable rates, charges and service terms; and

14、 must be VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00229 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-220 49 CFR Ch. X (10110 Edition) 1310.4 arranged in a

15、way that allows for the determination of the exact rate, charges and service terms applicable to any given shipment. Increases, reduc-tions and other changes must be sym-bolized or highlighted in some way to facilitate ready identification of the changes and their effective dates. (b) All informatio

16、n necessary to de-termine applicable rates, charges and service terms for a given shipment need not be contained in a single tariff, but if multiple tariffs are used to con-vey that information, the tariff con-taining the rates must make specific reference to all other tariffs required to determine

17、applicable rates, charges and service terms. The carrier(s) party to the rate(s) must participate in all of the tariffs so linked and all such tariffs must be made available to shippers upon reasonable request. 1310.4 Incorporation of tariff provi-sions by reference. (a) Carriers that maintain tarif

18、fs pur-suant to this part may incorporate the terms of such tariffs by reference (i.e., without stating their full text) into the bill of lading or other document em-bodying the contract of carriage for the transportation of household goods, provided that: (1) The bill of lading or other docu-ment m

19、ust contain a conspicuous no-tice that the contract of carriage in-corporates the terms of the carriers tariffs; the carrier must give notice that its tariffs are available for inspec-tion in its bill of lading or by other ac-tual notice to individuals whose ship-ments are subject to such tariffs; a

20、nd the carrier must make the full text of incorporated terms readily available for inspection by the shipper, free of charge, upon request. If such terms cannot be made available immediately, they must be made available promptly and free of charge by mail or other de-livery service. (2) If the incor

21、porated terms include any of the terms set forth in para-graphs (a)(2)(i) through (a)(2)(iii) of this section, the notice on the bill of lading or other document must indi-cate that such terms are included; the shipper must be provided with a brief summary of the principal features of such terms on

22、or with the document; and the shipper must be able to obtain a more complete explanation of such terms upon request. (i) Limits on the carriers liability for loss, damage, or delay of goods, in-cluding fragile or valuable goods. (ii) Claim restrictions, including time periods within which shippers o

23、r consignees must file a claim or bring an action against the carrier for its acts or omissions or those of its agents. (iii) Rights of the carrier to impose monetary penalties on shippers or con-signees, increase the price of the trans-portation, or change any terms of the contract. (b) A carrier m

24、ay not claim the ben-efit as against a shipper or consignee of, and a shipper or consignee shall not be bound by, any tariff term that is in-corporated by reference under this sec-tion unless the carrier has complied with the requirements of paragraph (a) of this section. (c) The disclosure requirem

25、ents es-tablished by this section preempt any State requirements on the same sub-ject, for tariff terms that are incor-porated by reference into the bill of lading or other document embodying the contract of carriage for the trans-portation of household goods. 1310.5 Availability of tariffs at car-r

26、ier offices. (a) Each carrier shall maintain, at its principal office, a complete set of its effective tariffs and those to which it is a party. (b) Each carrier shall also maintain some or all of its tariffs at its other business offices, upon request. Carriers shall provide information regarding a

27、ll locations where tariffs may be viewed. (c) At all points where tariffs are maintained, they shall be made avail-able for inspection by any person dur-ing the carriers normal business hours. The tariffs shall be accessible and readable. The carrier shall also dis-play, in a conspicuous place in th

28、ose locations, a notice, in large print, which contains a statement that the tariffs are available for public inspec-tion. (d) At all other carrier business of-fices, the carrier shall display a notice advising the public of the location of the nearest available tariff. The notice VerDate Mar2010 08

29、:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00230 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-221 Surface Transportation Board, DOT 1312.1 shall be in large print and posted i

30、n a conspicuous place. In addition, the car-rier shall, upon request, make its tar-iffs available at that location as soon as possible but not later than within 20 days, or provide the sought informa-tion orally if satisfactory to the re-questor. (e) Any publication referred to in a tariff must be m

31、aintained with that tariff. (f) If any tariff maintained pursuant to paragraph (b) of this section has not been used for a substantial length of time, the availability of that tariff, in-cluding its reissues, may be discon-tinued at that office until such time as it is again requested. It shall then

32、 be made available within 20 days. 1310.6 Furnishing copies of tariff publications. (a) Copies of tariffs, specific tariff provisions or tariff subscriptions shall be provided upon request to any inter-ested person. (b) Except for providing to shippers the full text of tariff terms incor-porated by

33、reference into the bill of lading or other document embodying the contract of carriage for the trans-portation of household goods, as de-scribed in 1310.4(a)(1), carriers may as-sess charges for furnishing copies of tariff publications to interested per-sons. If a charge is made, the charge must be

34、reasonable, and identical for the same publications and delivery service. PART 1312REGULATIONS FOR THE PUBLICATION, POSTING AND FIL-ING OF TARIFFS FOR THE TRANS-PORTATION OF PROPERTY BY OR WITH A WATER CARRIER IN NON-CONTIGUOUS DOMESTIC TRADE Sec. 1312.1 Scope; definitions. 1312.2 Requirement to pub

35、lish and file a tar-iff. 1312.3 Tariff contents and standards; Essen-tial criteria. 1312.4 Filing of tariffs. 1312.5 Amendments to tariffs. 1312.6 Advance notice required. 1312.7 STB tariff designation. 1312.8 Identification of tariff publication. 1312.9 Statement of tariff application and other tit

36、le page requirements. 1312.10 Notification of tariff changes and nature of changes. 1312.11 Special notification for ordered mat-ter. 1312.12 Posting requirements. 1312.13 Furnishing copies of tariff publica-tions. 1312.14 Powers of attorney and concur-rences. 1312.15 Change of carrier or agent. 131

37、2.16 Substitution of service. AUTHORITY: 49 U.S.C. 721(a), 13702(a), 13702(b) and 13702(d). SOURCE: 62 FR 19058, Apr. 18, 1997, unless otherwise noted. 1312.1 Scope; definitions. (a) Applicability. The provisions of this part address the requirements in 49 U.S.C. 13702 that carriers subject to the B

38、oards jurisdiction under 49 U.S.C. Chapter 135 and providing transpor-tation or service for the movement of property (except bulk cargo, forest products, recycled metal scrap, waste paper, and paper waste) by or with a water carrier in noncontiguous domes-tic trade shall publish and file with the Bo

39、ard tariffs containing the rates for such transportation. (b) Exceptions. The provisions of this part do not apply to: (1) Any transportation or service pro-vided by a carrier pursuant to 49 U.S.C. 14101(b); or (2) The transportation of any cargo or type of cargo or service which was not subject to

40、regulation by, or under the jurisdiction of, either the Federal Maritime Commission (FMC) or the Interstate Commerce Commission under Federal law in effect on Novem-ber 1, 1995. (c) Definitions. For the purposes of this part: Act means part B of subtitle IV of title 49 of the United States Code. Age

41、nt means a person, association or corporation authorized to publish and file rates and provisions on behalf of one or more carriers in tariffs pub-lished in the agents name. Agents tariff means a tariff filed in the name of an agent. Board means the Surface Transpor-tation Board. Bound tariff means

42、a tariff consisting of two or more sheets bound at the left edge in pamphlet or book form or a sin-gle-sheet tariff. VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00231 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-