DOT 49 CFR PART 375-2010 TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE CONSUMER PROTECTION REGULATIONS.pdf

1、89 Federal Motor Carrier Safety Administration, DOT Pt. 375 PART 375TRANSPORTATION OF HOUSEHOLD GOODS IN INTER-STATE COMMERCE; CONSUMER PROTECTION REGULATIONS Subpart AGeneral Requirements Sec. 375.101 Who must follow these regulations in this part? 375.103 What are the definitions of terms used in

2、this part? 375.105 What are the information collection requirements of this part? Subpart BBefore Offering Services to My Customers LIABILITY CONSIDERATIONS 375.201 What is my normal liability for loss and damage when I accept goods from an individual shipper? 375.203 What actions of an individual s

3、hip-per may limit or reduce my normal li-ability? GENERAL RESPONSIBILITIES 375.205 May I have agents? 375.207 What items must be in my advertise-ments? 375.209 How must I handle complaints and inquiries? 375.211 Must I have an arbitration program? 375.213 What information must I provide to a prospec

4、tive individual shipper? COLLECTING TRANSPORTATION CHARGES 375.215 How must I collect charges? 375.217 May I collect charges upon delivery? 375.219 May I extend credit to shippers? 375.221 May I use a charge or credit card plan for payments? Subpart CService Options Provided 375.301 What service opt

5、ions may I provide? 375.303 If I sell liability insurance coverage, what must I do? Subpart DEstimating Charges 375.401 Must I estimate charges? 375.403 How must I provide a binding esti-mate? 375.405 How must I provide a non-binding estimate? 375.407 Under what circumstances must I re-linquish poss

6、ession of a collect-on-deliv-ery shipment transported under a non- binding estimate? 375.409 May household goods brokers pro-vide estimates? Subpart EPick 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 Mus

7、t I write up a bill of lading? WEIGHING THE SHIPMENT 375.507 Must I determine the weight of a shipment? 375.509 How must I determine the weight of a shipment? 375.511 May I use an alternative method for shipments weighing 3,000 pounds or less? 375.513 Must I give the individual shipper an opportunit

8、y to observe the weighing? 375.515 May an individual shipper waive his/ her right to observe each weighing? 375.517 May an individual shipper demand re-weighing? 375.519 Must I obtain weight tickets? 375.521 What must I do if an individual ship-per wants to know the actual weight or charges for a sh

9、ipment before I tender delivery? Subpart FTransportation of Shipments 375.601 Must I transport the shipment in a timely manner? 375.603 When must I tender a shipment for delivery? 375.605 How must I notify an individual shipper of any service delays? 375.607 What must I do if I am able to tender a s

10、hipment for final delivery more than 24 hours before a specified date? 375.609 What must I do for shippers who store household goods in transit? Subpart GDelivery of Shipments 375.701 May I provide for a release of liabil-ity on my delivery receipt? 375.703 What is the maximum collect-on-de-livery a

11、mount I may demand at the time of delivery? 375.705 If a shipment is transported on more than one vehicle, what charges may I collect at delivery? 375.707 If a shipment is partially lost or de-stroyed, what charges may I collect at delivery? 375.709 If a shipment is totally lost or de-stroyed, what

12、charges may I collect at delivery? Subpart HCollection of Charges 375.801 What types of charges apply to sub-part H? 375.803 How must I present my freight or ex-pense bill? 375.805 If I am forced to relinquish a collect- on-delivery shipment before the payment VerDate Mar2010 08:20 Dec 16, 2010 Jkt

13、220216 PO 00000 Frm 00099 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-90 49 CFR Ch. III (10110 Edition) 375.101 of ALL charges, how do I collect the bal-ance? 375.807 Wha

14、t actions may I take to collect the charges upon my freight bill? Subpart IPenalties 375.901 What penalties do we impose for vio-lations of this part? APPENDIX A TO PART 375YOUR RIGHTS AND RESPONSIBILITIES WHEN YOU MOVE AUTHORITY: 5 U.S.C. 553; 49 U.S.C. 13102, 13301, 13704, 13707, 14104, 14706, 147

15、08; and 49 CFR 1.73. SOURCE: 68 FR 35091, June 11, 2003 unless otherwise noted. Subpart AGeneral Requirements 375.101 Who must follow the regula-tions in this part? You, a household goods motor carrier engaged in the interstate transpor-tation of household goods, must follow the regulations in this

16、part when offer-ing your services to individual ship-pers. You are subject to this part only when you transport household goods for individual shippers by motor vehi-cle in interstate commerce. Interstate commerce is defined in 390.5 of this subchapter. 72 FR 36771, July 5, 2007 375.103 What are the

17、 definitions of terms used in this part? Terms used in this part are defined as follows. You may find other terms used in these regulations defined in 49 U.S.C. 13102. The definitions contained in this statute control. If terms are used in this part and the terms are nei-ther defined here nor in 49

18、U.S.C. 13102, the terms will have the ordinary prac-tical meaning of such terms. Advertisement means any communica-tion to the public in connection with an offer or sale of any interstate house-hold goods transportation service. This includes written or electronic database listings of your name, add

19、ress, and telephone number in an on-line data-base. This excludes listings of your name, address, and telephone number in a telephone directory or similar pub-lication. However, Yellow Pages adver-tising is included in the definition. Cashiers check means a check that has all four of the following c

20、haracter-istics: (1) Drawn on a bank as defined in 12 CFR 229.2. (2) Signed by an officer or employee of the bank on behalf of the bank as drawer. (3) A direct obligation of the bank. (4) Provided to a customer of the bank or acquired from the bank for re-mittance purposes. Certified scale means any

21、 scale in-spected and certified by an authorized scale inspection and licensing author-ity, and designed for weighing motor vehicles, including trailers or semi- trailers not attached to a tractor, or designed as a platform or warehouse type scale. Commercial shipper means any person who is named as

22、 the consignor or con-signee in a bill of lading contract who is not the owner of the goods being transported but who assumes the re-sponsibility for payment of the trans-portation and other tariff charges for the account of the beneficial owner of the goods. The beneficial owner of the goods is nor

23、mally an employee of the consignor and/or consignee. A freight forwarder tendering a shipment to a carrier in furtherance of freight for-warder operations is also a commercial shipper. The Federal government is a government bill of lading shipper, not a commercial shipper. Force majeure means a defe

24、nse pro-tecting the parties in the event that a part of the contract cannot be per-formed due to causes which are outside the control of the parties and could not be avoided by exercise of due care. Government bill of lading shipper means any person whose property is transported under the terms and

25、condi-tions of a government bill of lading issued by any department or agency of the Federal government to the carrier responsible for the transportation of the shipment. Household goods, as used in connec-tion with transportation, means the personal effects or property used, or to be used, in a dwe

26、lling, when part of the equipment or supplies of the dwelling. Transportation of the household goods must be arranged and paid for by the VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00100 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot fo

27、r ResaleNo reproduction or networking permitted without license from IHS-,-,-91 Federal Motor Carrier Safety Administration, DOT 375.105 individual shipper or by another indi-vidual on behalf of the shipper. House-hold goods includes property moving from a factory or store if purchased with the inte

28、nt to use in a dwelling and transported at the request of the householder, who also pays the trans-portation charges. Household goods motor carrier means (1) In general, a motor carrier that, in the ordinary course of its business of providing transportation of household goods, offers some or all of

29、 the fol-lowing additional services: (i) Binding and nonbinding estimates; (ii) Inventorying; (iii) Protective packing and unpack-ing of individual items at personal resi-dences; (iv) Loading and unloading at per-sonal residences. (2) The term includes any person con-sidered to be a household goods

30、motor carrier under regulations, determina-tions, and decisions of the Federal Motor Carrier Safety Administration in effect on the date of enactment of the Household Goods Mover Oversight Enforcement and Reform Act of 2005 (August 10, 2005). (3) The term does not include any motor carrier providing

31、 transportation of household goods in containers or trailers that are entirely loaded and unloaded by an individual other than an employee or agent of the motor car-rier. Individual shipper means any person who (1) Is the shipper, consignor, or con-signee of a household goods shipment; (2) Is identi

32、fied as the shipper, con-signor, or consignee on the face of the bill of lading; (3) Owns the goods being transported; and (4) Pays his or her own tariff trans-portation charges May means an option. You may do something, but it is not a requirement. Must means a legal obligation. You must do somethi

33、ng. Order for service means a document authorizing you to transport an indi-vidual shippers household goods. Reasonable dispatch means the per-formance of transportation on the dates, or during the period, agreed upon by you and the individual shipper and shown on the Order For Service/ Bill of Ladi

34、ng. For example, if you de-liberately withhold any shipment from delivery after an individual shipper of-fers to pay the binding estimate or 110 percent of a non-binding estimate, you have not transported the goods with reasonable dispatch. The term rea-sonable dispatch excludes transpor-tation prov

35、ided under your tariff provi-sions requiring guaranteed service dates. You will have the defenses of force majeure, i.e., superior or irresist-ible force, as construed by the courts. Should means a recommendation. We recommend you do something, but it is not a requirement. Surface Transportation Boa

36、rd means an agency within the Department of Transportation. The Surface Transpor-tation Board regulates household goods carrier tariffs among other responsibil-ities. Tariff means an issuance (in whole or in part) containing rates, rules, regula-tions, classifications or other provi-sions related to

37、 a motor carriers transportation services. The Surface Transportation Board requires a tariff contain specific items under 1312.3(a) of this title. These specific items in-clude an accurate description of the services offered to the public and the specific applicable rates (or the basis for calculat

38、ing the specific applicable rates) and service terms. A tariff must be arranged in a way that allows for the determination of the exact rate(s) and service terms applicable to any given shipment. We, us, and our means the Federal Motor Carrier Safety Administration (FMCSA). You and your means a hous

39、ehold goods motor carrier engaged in the interstate transportation of household goods and its household goods agents. 68 FR 35091, June 11, 2003, as amended at 72 FR 36771, July 5, 2007 375.105 What are the information col-lection requirements of this part? (a) The information collection re-quiremen

40、ts of this part have been re-viewed by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and have been assigned OMB con-trol number 21260025. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00101 Fmt 8010 Sfmt 8010 Y:SGML220216.XX

41、X 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-92 49 CFR Ch. III (10110 Edition) 375.201 (b) The information collection re-quirements are found in the following sections: Section 375.205, Section 375.207, Se

42、ction 375.209, Section 375.211, Section 375.213, Section 375.215, Section 375.217, Section 375.303, Section 375.401, Section 375.403, Section 375.405, Section 375.409, Section 375.501, Section 375.503, Section 375.505, Section 375.507, Section 375.515, Section 375.519, Section 375.521, Section 375.6

43、05, Section 375.607, Section 375.609, Section 375.803, Section 375.805, and Section 375.807. 69 FR 10575, Mar. 5, 2004 Subpart BBefore Offering Services to My Customers LIABILITY CONSIDERATIONS 375.201 What is my normal liability for loss and damage when I accept goods from an individual shipper? (a

44、) In general, you are legally liable for loss or damage if it happens during performance of any transportation of household goods and all related serv-ices identified on your lawful bill of lading. (b) Full Value Protection Obliga-tionIn general, your liability is for the household goods that are lo

45、st, dam-aged, destroyed, or otherwise not deliv-ered to the final destination in an amount equal to the replacement value of the household goods. The maximum amount is the declared value of the shipment. The declared value is subject to rules issued by the Surface Trans-portation Board (STB) and app

46、licable tariffs. (c) If the shipper waives, in writing, your liability for the full value of the household goods, then you are liable for loss of, or damage to, any house-hold goods to the extent provided in the STB released rates order. Contact the STB for a current copy of the Re-leased Rates of M

47、otor Carrier Ship-ments of Household Goods. The rate may be increased annually by the motor carrier based on the U.S. De-partment of Commerces Cost of Living Adjustment. (d) As required by 375.303(g), you may have additional liability if you sell liability insurance and fail to issue a copy of the i

48、nsurance policy or other appropriate evidence of insurance. (e) You must, in a clear and concise manner, disclose to the individual ship-per the limits of your liability. 68 FR 35091, June 11, 2003, as amended at 72 FR 36771, July 5, 2007 375.203 What actions of an individual shipper may limit or re

49、duce my normal liability? (a) If an individual shipper includes perishable, dangerous, or hazardous ar-ticles in the shipment without your knowledge, you need not assume liabil-ity for those articles or for the loss or damage caused by their inclusion in the shipment. If the shipper requests that you accept such articles for trans-portation, you may elect to limit your liability for any loss or damage by ap-propriately published tariff provisions.