[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Rules and Regulations]
[Pages 10570-10589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4783]



[[Page 10569]]

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Part IV





Department of Transportation





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Federal Motor Carrier Safety Administration



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49 CFR Part 375



Transportation of Household Goods; Consumer Protection Regulations; 
Interim Final Rule

  Federal Register / Vol. 69, No. 44 / Friday, March 5, 2004 / Rules 
and Regulations  

[[Page 10570]]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 375

[Docket No. FMCSA-97-2979]
RIN 2126-AA32


Transportation of Household Goods; Consumer Protection 
Regulations

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Interim final rule; technical amendments.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) amends 
its interim final rule governing the interstate transportation of 
household goods (68 FR 35064, Jun. 11, 2003). On August 25, 2003, the 
U.S. Department of Transportation (DOT) received two petitions for 
reconsideration of the interim final rule. The petitioners requested 
both substantive and technical amendments. Today's rule incorporates 
the technical amendments. Substantive amendments requested by the 
petitioners will require consideration in a future rulemaking 
proceeding, to give the public an opportunity to comment. This amended 
interim final rule will benefit both the industry and consumers by more 
accurately reflecting current industry practices.

DATES: The interim final rule (68 FR 35064) issued on June 11, 2003, 
was effective September 9, 2003; these technical amendments are 
effective April 5, 2004. The compliance date for the interim rule was 
delayed at 68 FR 56208 (September 30, 2003); the new compliance date 
for the interim rule and these amendments is April 5, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. Nathaniel Jackson, Office of 
Commercial Enforcement, (202) 385-2369, Federal Motor Carrier Safety 
Administration, Suite 600, 400 Virginia Avenue, SW., Washington, DC 
20024. Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. Privacy Act: Anyone is able to search the 
electronic form of all comments received into any of DOT's dockets by 
the name of the individual submitting the comment (or signing the 
comment, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477). This 
statement is also available at http://dms.dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    In the Motor Carrier Safety Improvement Act of 1999 (Pub. L. 106-
159, December 9, 1999, 113 Stat. 1749), which established FMCSA as a 
separate agency within DOT, Congress authorized the agency to regulate 
motor carriers transporting household goods for individual shippers. 
Our regulations setting forth Federal requirements for motor carriers 
that provide interstate transportation of household goods are found in 
49 CFR part 375. The regulations governing payment of transportation 
charges are in 49 CFR part 377.
    In May 1998, the Federal Highway Administration published a notice 
of proposed rulemaking (NPRM) requesting comments on its proposal to 
update the household goods regulations (63 FR 27126, May 15, 1998). The 
Federal Highway Administration is the predecessor agency to FMCSA 
within DOT.
    The public submitted more than 50 comments to the NPRM. FMCSA 
subsequently modified the substance of the proposal in light of 
concerns raised by some of the commenters, and published an interim 
final rule in June 2003 (68 FR 35064, Jun. 11, 2003). We published an 
interim final rule rather than a final rule to allow the Office of 
Management and Budget (OMB) additional time to complete its review of 
information collection requirements.
    In order to publish the rule text in the October 1, 2003, edition 
of the Code of Federal Regulations (CFR), we established the interim 
final rule's effective date as September 9, 2003. However, compliance 
was not required until March 1, 2004. On August 25, 2003, we received 
two petitions for reconsideration of the interim final rule. The 
petitioners are (1) the American Moving and Storage Association (the 
Association) and (2) United Van Lines, LLC and Mayflower Transit, LLC 
(Unigroup). On the same date, the Association submitted a separate 
Petition for Stay of Effective Date.
    The reconsideration petitions address a variety of issues, both 
substantive and technical. On September 30, 2003, FMCSA delayed the 
compliance date for the rule indefinitely in order to consider fully 
the petitioners' concerns (68 FR 56208). The Association's petition 
noted that movers will require ample time to prepare for compliance 
with the rule. The compliance date for the interim final rule and 
today's technical amendments provides the moving industry with this 
vital lead time.
    Today's rule adopts all of the petitioners' requested technical 
amendments, either wholly or with minor modifications. These amendments 
provide uniformity between the rule text and the appendix, clarify 
certain provisions, reflect current industry practice, or correct 
typographical errors. Equally important, some of the technical 
amendments revise language that was contrary to the statutory intent of 
the ICC Termination Act of 1995 (ICCTA) (Pub. L. 104-88, 109 Stat. 
803), as codified at 49 U.S.C. 14104 and 14708.
    The substantive amendments requested by the petitioners involve 
changes to prescribed operating practices of movers. These changes 
would have a more significant impact on the moving industry and 
consumers than the technical amendments being adopted today. We will 
consider certain of the requested substantive amendments in a future 
rulemaking, so that the public will have an opportunity to comment.
    The interim final rule, together with these technical amendments, 
is intended to (1) increase the public's understanding of the 
regulations with which movers must comply, and (2) help individual 
shippers and the moving industry understand the roles and 
responsibilities of movers, brokers, and shippers, to prevent moving 
disputes. Individual shippers--substantial numbers of whom are either 
relocating for business reasons or retired--may use for-hire truck 
transportation services infrequently. Thus, these consumers may be 
poorly informed about the regulations with which movers must comply and 
have little understanding of how moving companies operate. Appendix A 
to part 375--the pamphlet Your Rights and Responsibilities When You 
Move--is intended to help individual shippers understand the 
regulations so that they can make informed decisions in selecting a 
mover and planning a satisfactory move. Section 375.213 requires movers 
to furnish the information in this appendix to prospective customers.

Discussion of the Technical Amendments

    In what follows we summarize the more significant technical 
amendments requested by the petitioners and adopted in today's rule. 
Although we made all of the proposed technical amendments, our 
discussion omits typographical and certain other minor

[[Page 10571]]

changes. Technical deviations from the petitioners' recommendations are 
noted. The amendatory text of today's rule constitutes all changes to 
part 375 as published at 68 FR 35064 (Jun. 11, 2003) and in the October 
1, 2003, edition of title 49 of the Code of Federal Regulations.
    Our discussion of the technical amendments is organized by subject 
area as follows:

Arbitration Programs
Credit
Liability insurance coverage
Notification options
Pickup of shipments: bill of lading, order for service, inventory
Collection of charges
Presentation of freight bills
Appendix A to Part 375--Your Rights and Responsibilities When You 
Move
     Subpart A--General Requirements
     Subpart B--Before requesting services from 
any mover
     Subpart E--Pickup of My Shipment of Household 
Goods
     Subpart H--Collection of Charges
     Revisions for Consistency With Amendments to 
Part 375
     Amending ``cubic yards or meters'' to ``cubic 
feet (or yards or meters)'' (Subparts C and E)
Continued Applicability to Foreign Commerce

Arbitration Programs

    We amended the first sentence of Sec.  375.211(a), subpart B (``You 
must have an arbitration program for individual shippers.''). The 
amended regulation reads: ``You must have an arbitration program to 
resolve property loss and damage disputes for individual shippers.'' 
This achieves consistency with 49 U.S.C. 14708(a), which requires 
movers to provide arbitration only for loss and damage disputes. We 
agree with the petitioners that the regulation should require no more 
than the statute.
    In Sec.  375.211(a)(2), ``* * * your arbitration program must 
provide notice to the individual shipper of the availability of neutral 
arbitration * * *'', we replaced ``your arbitration program'' with 
``you.'' This is consistent with 49 U.S.C. 14708(b)(2), which clearly 
requires that the carrier, not its arbitration program, provide such 
notice.
    Section 375.211(a)(2) is further amended by replacing ``Before the 
household goods are tendered for transport,'' with ``Before execution 
of the order for service,'' to require that movers furnish shippers 
with information about the availability of neutral arbitration before 
drawing up the contract. This also achieves internal consistency with 
Sec.  375.213 (``Before you execute an order for service for a shipment 
of household goods * * *'').

Credit

    In Sec.  375.217(c)(1) of subpart B, we amended the requirement 
that movers arrange for the delivery of household goods ``during the 
time your credit/collection department is open * * *.'' to: ``only at a 
time when you can obtain authorization for the shipper's credit card 
transaction.'' This reflects real-world efficiency. Today's drivers 
often have a telephone number to call for credit card authorizations 24 
hours a day, 7 days a week.

Liability Insurance Coverage

    Former paragraphs (c) through (h) of Sec.  375.303, subpart C, are 
amended to clarify that a mover is not required to comply with these 
provisions unless it elects to sell liability insurance coverage. 
Former paragraphs Sec.  375.303(c) through (h) are renumbered as (c)(1) 
through (6), and the introductory clause ``If you sell, offer to sell, 
or procure liability insurance coverage for loss or damage to 
shipments:'' is added at Sec.  373.303(c).

Notification Options

    The petitioners noted that Sec. Sec.  375.403(a)(7) and 
375.405(b)(9) permit the mover only one method--fax transmission-- of 
notifying individual shippers of additional services the mover proposes 
to perform. The petitioners requested that the regulation give movers 
the option of notifying shippers of additional services electronically. 
The petitioners also pointed out the advantages of standardizing 
notification options in part 375.
    We agree that the notification options should be as similar as 
possible throughout part 375. However, telephone notification is 
inappropriate when written transaction is required--for example, when 
the mover must provide the shipper a statement of additional services 
needed (Sec.  375.405(b)(9)). We amended Sec.  375.403(a)(7) (under 
``How must I provide a binding estimate?''), Sec.  375.405(b)(9) (under 
``How must I provide a non-binding estimate?''), Sec.  375.501(a)(15) 
(under ``Must I write up an order for service?''), Sec.  375.505(b)(5) 
(under ``Must I write up a bill of lading?''), Sec.  375.515(b) (under 
``May an individual shipper waive his or her right to observe each 
weighing?''), Sec.  375.521(a) (under ``What must I do if an individual 
shipper wants to know the actual weight or charges for a shipment 
before I tender delivery?''), Sec.  375.605(a) (under ``How must I 
notify an individual shipper of any service delays?''), and Sec.  
375.609(d) (under ``What must I do for shippers who store household 
goods in transit?'') so that each of these regulations provides the 
widest variety of notification options (telephone, in-person contact, 
fax transmission; e-mail; overnight courier; or certified mail, return 
receipt requested) appropriate to the matter being communicated. This 
allows the industry and individual shippers the greatest flexibility 
possible.

Pickup of Shipments: Bill of Lading, Order for Service, Inventory

    The petitioners requested several amendments to regulations 
governing the bill of lading, inventory, and order for service, 
particularly in relation to pickup of shipments. We amended Sec. Sec.  
375.501, 375.503, and 375.505 to more accurately reflect movers' 
current practices, as summarized below:
    We removed the prohibition in Sec.  375.501(d) against a mover's 
requiring the shipper ``to sign any incomplete * * * documents 
pertaining to the move.'' As the petitioners note, the bill of lading 
is seldom complete when a shipment leaves its origin. There are two 
reasons for this. Weighing cannot occur until the shipment is in 
transit, and other charges for service, such as unpacking, storage-in-
transit, and various destination charges, cannot be determined until 
the shipment reaches its destination. If the bill of lading contains 
all relevant shipping information, except the actual shipment weight 
and any other information necessary to determine the final charges, the 
shipper will need to sign it at origin in order to choose the valuation 
option, request special services, and/or acknowledge the terms and 
conditions of released valuation.
    Therefore, we amended Sec.  375.501(d)(2) as follows: ``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.''
    In addition, we amended Sec.  375.505(a) by revising the sentence 
``You must furnish a complete copy of the bill of lading to the 
individual shipper * * *.'' to read: ``You must furnish a partially 
complete copy * * *.''
    The petitioners note that movers have discretion under the Surface 
Transportation Board's Released Rates Order to place 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. We

[[Page 10572]]

amended Sec. Sec.  375.501 and 375.505 to make this clear.
    Specifically, in Sec. Sec.  375.501 and 375.505, we added identical 
paragraphs (h) and (e), respectively, as follows: ``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.'' This 
language allows the mover, if it chooses, to combine the bill of lading 
and order for service in a single document. This could help reduce the 
paper and administrative burden of implementing the new rules.
    In addition, we amended Sec.  375.505(b)(14) to make it clear that 
movers are not bound to provide the estimate, order for service, and 
inventory to the individual shipper as attachments to the bill of 
lading. The revised language specifies that the estimate, order for 
service, and inventory must be attached to the bill of lading, but only 
``[i]f not provided elsewhere to the shipper.''
    The petitioners note that Sec. Sec.  375.503 and 375.505 require 
movers to furnish the shipper a complete copy of the inventory and bill 
of lading, respectively, before the goods are loaded onto the vehicle. 
They point out that this requirement is overly restrictive and 
inconsistent with industry practice. Movers provide the inventory and 
bill of lading to individual shippers either before or at the time of 
loading the vehicle, as dictated by circumstances. Moreover, a 
requirement to provide a complete copy of the bill of lading before 
loading the shipper's goods contradicts what has historically been the 
purpose and effect of the bill of lading--to serve, among other things, 
as a receipt for articles accepted for transportation under the 
contract of carriage.
    Therefore, we amended Sec.  375.503(b) and (c) to require that the 
inventory be prepared and signed, and that a copy be provided to the 
shipper, ``before or at the time of loading the shipment.'' Further, in 
Sec.  375.505(c), we amended the sentence ``When you load the shipment 
upon a vehicle for transportation, the bill of lading must be in the 
possession of the driver responsible for the shipment.'' The amended 
language reads: ``Before the vehicle leaves the residence at origin, 
the bill of lading must be in the possession of the driver responsible 
for the shipment.''

Collection of Charges (Subpart H, Sec.  375.801)

    In the interim final rule published on June 11, 2003, subpart H 
applied only to household goods shipments ``subject to binding 
estimates.'' This limited applicability has the effect of excluding 
shipments for which the mover gives a non-binding estimate. The 
petitioners recommend we broaden the applicability to all shipments of 
household goods that:
    (1) Entail a balance due freight or expense bill; or
    (2) Are transported on an extension of credit basis.
    We agree that this change more accurately reflects industry 
practice, and have amended Sec.  375.801 as requested.

Presentation of Freight Bills

    The petitioners point out a significant typographical error in 
Sec.  375.803. The sentence ``You must present your freight or expense 
bill in accordance with Sec.  377.205 * * *.'' should read ``* * * in 
accordance with Sec.  375.807.'' We have corrected this error as 
requested. This consolidates the household goods regulations into part 
375.

Appendix A to Part 375--Your Rights and Responsibilities When You Move

Subpart A--General Requirements
    (1) The introductory paragraph of Appendix A, Subpart A--General 
Requirements, states it is the customer's responsibility to understand 
his rights and remedies ``when'' problems arise. The Association 
believes the word ``when'' implies that problems are the rule rather 
than the exception. It requests that ``when'' be amended to ``if.'' 
While agreeing with the Association's basic point, we made a stylistic 
decision to amend ``when problems arise'' to ``in case problems 
arise,'' rather than ``if problems arise.''
    (2) ``What Definitions Are Used in This Pamphlet?'' At the 
petitioners' request, we amended several definitions in this section to 
improve clarity and reflect industry practice. The amended definitions 
are accessorial (additional) services, appliance service by third 
party, flight charge, line haul charges, long carry, and storage-in-
transit. The new definition of storage-in-transit, for example, 
corrects misinformation concerning the circumstances in which storage-
in-transit may occur, the responsibility for the added charges, and the 
storage period (the 180-day limit in the old definition is inaccurate).
Subpart B--Before Requesting Services From Any Mover
    (1) ``How Must My Mover Handle Complaints and Inquiries?'' In the 
previous version of the pamphlet, the closing sentence suggests that 
individual shippers ``may want to test'' a mover's complaint system 
``to see how it works for you.'' The Association considers this advice 
an open invitation to prospective customers to make ``practice'' 
complaints, and believes such bogus complaints would hamper movers'' 
efficiency in serving their actual customers. The Association requested 
we remove the sentence.
    Although we recognize the Association's concerns, we also support 
the consumer's right to choose a mover that practices good customer 
service. Therefore, rather than removing the sentence, we instead 
amended it to read: ``You may want to be certain that the system is in 
place.''
    (2) ``Do I Have the Right To Inspect My Mover's Tariffs (Schedule 
of Charges) Applicable to My Move?'' The closing paragraph of this 
section indicates that a mover's tariff ``may contain other provisions 
that apply to your move. Ask your mover what they might be.'' We agree 
with the petitioners that prospective shippers should be encouraged to 
exercise their right to request public information, and have amended 
the final sentence by adding the clause ``and request a copy.''
    (3) ``May My Mover Accept Charge or Credit Cards for Payment?'' For 
consistency with the revision to Sec.  375.217(c)(1), we amended the 
sentences ``The mover must arrange with you for delivery during the 
time when the mover's credit or collection department is open * * *. 
The mover does not have to make these delivery arrangements with you 
when it has equipped its motor vehicle(s) with card transaction 
processing machines.'' The amended language reads: ``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.''

Subpart E--Pickup of My Shipment of Household Goods

    In the previous version of the pamphlet, the last paragraph of the 
section ``Should I Reach an Agreement With My Mover About Pickup and 
Delivery Times?'' contained outdated information about ``long carries'' 
and ``flight stair carries.'' The petitioners point out that ``long 
carries'' and ``flight stair carries'' are no longer separate charges 
under the tariff most commonly used by movers. We amended the second 
sentence of this paragraph to read: ``For example, because of 
restrictions trucks must follow at your new location, the mover may not 
be able

[[Page 10573]]

to take its truck down the street of your residence and may need to 
shuttle the shipment using another type of vehicle.'' As suggested by 
the petitioners, we also deleted the last sentence of the paragraph.
Subpart H--Collection of Charges
    (1) In the section ``How Must My Mover Present Its Freight or 
Expense Bill to Me?'' (second paragraph), we amended ``the rate per 
unit for each shipment'' to ``rate or charge per service performed.'' 
The Association pointed out that household goods tariffs do not 
ordinarily state rates in terms of definable units.
    (2) In the section ``Do I Have a Right To File a Claim To Recover 
Money for Property My Mover Lost or Damaged?'' (second paragraph), we 
amended language that was contrary to the requirements of 49 U.S.C. 
14708(d). The Association noted that the original language (``You have 
nine months following either the date of delivery, or the date when the 
shipment should have been delivered, to file a claim. * * * If you fail 
to file a claim within nine months * * * and later bring a legal action 
against the mover to recover the damage, you may not be able to recover 
your attorney fees even though you win the court action'') was both 
incorrect and misleading. First, section 14708(d) is clear that 
recovery of attorney's fees in a court action by the shipper is 
contingent upon the shipper's submitting the claim to the carrier 
within 120 days, not 9 months. Second, except in rare cases, failure to 
submit a claim within 9 months bars recovery not merely of attorney's 
fees but of any fees whatsoever. We have rewritten this paragraph for 
clarity and accuracy:

    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.
Appendix A--Revisions for Consistency With Amendments to Part 375
    For consistency with the amendments to part 375 in today's rule, we 
revised the corresponding sections of appendix A. These changes 
include:
    (1) Revising subpart E--``Must my mover write up an order for 
service?''--to clarify that movers may require individual shippers to 
sign partially complete documents. The amended language reads:

    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 (SIT), 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 service 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.

    (2) Revising subpart E, ``Must my mover write up an inventory of 
the shipment?'' (first paragraph), to clarify that the mover has 
latitude as to when to prepare the inventory and provide it to the 
shipper. The mover is required to do this not before loading the 
shipment, but instead ``before or at the time of loading.''
    (3) Revising subpart H--Collection of Charges to clarify that this 
provision applies to all shipments that involve a balance due freight 
or expense bill or are shipped on credit.
    (4) Amending the introductory section ``Why Was I Given This 
Pamphlet?'' for consistency with Sec.  375.209. In the previous version 
of appendix A, the second paragraph of this section stated, ``The mover 
will also furnish you with another booklet describing its procedure for 
handling your questions and complaints.'' Section 375.209, however, 
merely requires that the mover's complaint procedures be distributed to 
individual shippers in writing, not that they be contained in a 
separate booklet.
    Appendix A--Amending the words ``cubic yards or meters'' to ``cubic 
feet (or yards or meters)'' to reflect industry practice. Movers 
routinely calculate volume in cubic feet, not cubic yards. This 
language appears in the appendix sections Subpart C--Service Options 
Provided (``What service options may my mover provide?'') and Subpart 
E--Pickup of My Shipment of Household Goods (``Must my mover determine 
the weight of my shipment?'').
Continued Applicability to Foreign Commerce
    Section 375.101 (``Who must follow these regulations?'') of the 
interim final rule published on June 11, 2003, limits the applicability 
of part 375 to ``interstate commerce,'' whereas former Sec.  375.1 
specified that part 375 is applicable to both ``interstate and foreign 
commerce.'' This apparent change in applicability was unintentional on 
our part. To avoid ambiguity, we have amended Sec.  375.101 by cross-
referencing the term ``interstate commerce'' to the definition of the 
same term in 49 CFR Sec.  390.5. This makes it clear that FMCSA also 
regulates foreign motor carriers transporting household goods into or 
out of the United States.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    We have determined these amendments do not meet the criteria for a 
``significant regulatory action'' as specified in Executive Order 12866 
and within the meaning of DOT regulatory policies and procedures (44 FR 
11034, Feb. 26, 1979). This document was not reviewed by the Office of 
Management and Budget.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), as amended 
by the Small Business Regulatory Enforcement and Fairness Act (Pub. L. 
104-121), requires Federal agencies to analyze the impact of 
rulemakings on small entities, unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities.
    As noted in the Regulatory Flexibility Act section of the interim 
final rule published on June 11, 2003, this rule does not impose a 
significant economic impact on a substantial number of small entities. 
The original rule issued by the former Interstate Commerce Commission 
imposed paperwork requirements (creating, duplicating, and storing 
records, and practicing inventory control for those records) that were 
estimated at 785 hours for each entity (moving company). The interim 
final rule published on June 11, 2003, increased this time-and-cost 
burden by 458 hours, to an estimated total of 1,243 burden hours per 
entity.
    Today's technical amendments do not increase the estimated burden 
hours for compliance with the household goods transportation 
regulations. The amendments respond to industry petitions, and make the 
interim final

[[Page 10574]]

rule more consistent with industry practice. Most entities, including 
small entities, already follow the principles, practices, and 
procedures captured in the technical amendments. Therefore, FMCSA 
certifies that these technical amendments will not have a significant 
impact on a substantial number of small entities.

Executive Order 13132 (Federalism)

    The Federalism section in our interim final rule published on June 
11, 2003, noted that the rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13132, dated 
August 4, 1999 (64 FR 43255, Aug. 10, 1999). State Attorneys General 
and other State and local officials submitted comments to the May 1998 
NPRM (63 FR 27126, May 15, 1998). We considered these comments in 
developing the interim final rule, and placed the comments in the 
rulemaking docket.
    FMCSA certifies that the rule published on June 11, 2003, has 
federalism implications because it directly impacts the distribution of 
power and responsibilities among the various levels of government. 
Federalism implications likewise attach to today's technical 
amendments.
    We have submitted a federalism summary impact statement for the 
June 11, 2003, interim final rule to the Director of the Office of 
Management and Budget.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4; 2 U.S.C. 
1532) requires each agency to assess the effects of its regulatory 
actions on State, local, and tribal governments and the private sector. 
Any agency promulgating a final rule likely to result in a Federal 
mandate requiring expenditures by a State, local, or tribal government 
or by the private sector of $100 million or more in any one year must 
prepare a written statement incorporating various assessments, 
estimates, and descriptions that are delineated in the Act. FMCSA 
determined that the changes in the June 11, 2003, interim final rule 
will not have an impact of $100 million or more in any one year. No 
significant additional impact is associated with today's technical 
amendments.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-
3520), a Federal agency must obtain approval from OMB for each 
collection of information it conducts, sponsors, or requires through 
regulations. FMCSA sought approval of the information collection 
requirements in the ``Transportation of Household Goods; Consumer 
Protection Regulations'' interim final rule published on June 11, 2003. 
On June 19, 2003, OMB assigned control number 2126-0025 to this 
information collection, and the approval expires on June 30, 2006.
    OMB approved 600,000 annual responses, 4,370,037 annual burden 
hours, and an annual information collection burden of $37,247,000. It 
also approved FMCSA form number MCSA-2P to be used as part of the 
information collection process.
    The following table summarizes the approved burden hours of the 
existing interim final rule by correlating the information collection 
activities with the sections of part 375 CFR in which they appear. A 
detailed analysis of the burden hours can be found in the OMB 
Supporting Statement for this rule. The Supporting Statement and its 
attachments are in Docket No. FMCSA-97-2979.

------------------------------------------------------------------------
           Type of burden                  Section        Hourly burden
------------------------------------------------------------------------
Agency Agreements...................           375.205                19
Minimum Advertising Information                375.207               684
 Soliciting Prospective Individual
 Shippers...........................
Complaint and Inquiry Handling......           375.209           500,000
Arbitration Program Summary.........           375.211             8,000
Your Rights and Responsibilities               375.213             8,334
 When You Move Booklet..............
Selling Insurance Policies..........           375.303           100,000
Estimates--Binding..................           375.401         1,836,000
Estimates--Non-binding..............           375.401         1,224,000
Orders for Service..................           375.501           300,000
Inventory...........................           375.503             \*\ 0
Bills of Lading.....................           375.505           300,000
Volume to Weight Conversions........           375.507             4,000
Weight Tickets......................           375.519            42,000
Notifications of Reasonable Dispatch           375.605            16,000
 Service Delays.....................
Delivery More Than 24 Hrs. Ahead of            375.607             1,000
 Time...............................
Notification of Storage-in-Transit             375.609            30,000
 Liability Assignments..............
                                     -------------------
    Total Approved Burden Hours for   ................         4,370,037
     Information Collection.........
------------------------------------------------------------------------
\*\ Making inventories was a usual and customary moving industry
  practice that FMCSA adopted on June 11, 2003, at the suggestion of the
  National Association of Consumer Agency Administrators and the
  American Moving and Storage Association. The PRA regulations at 5 CFR
  1320.3(b)(2) allow FMCSA to calculate no burden when the agency
  demonstrates to OMB that the activity needed to comply with the
  specific regulation is usual and customary.

National Environmental Policy Act

    The agency analyzed this rulemaking for purposes of the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and 
has determined that this action does not have any effect on the quality 
of the environment.

Executive Order 12630 (Taking of Private Property)

    This rule would not effect a taking of private property or 
otherwise have takings implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217, Motor 
Carrier Safety. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal programs and 
activities do not apply to this program.

[[Page 10575]]

Executive Order 13211 (Energy Supply, Distribution, or Use)

    We have analyzed this action under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. This action is not a significant energy action 
within the meaning of section 4(b) of the Executive Order because as a 
procedural action it is not economically significant and will not have 
a significant adverse effect on the supply, distribution, or use of 
energy.

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

List of Subjects in 49 CFR Part 375

    Advertising, Arbitration, Consumer protection, Freight, Highways 
and roads, Insurance, Motor carriers, Moving of household goods, 
Reporting and recordkeeping requirements.

0
For the reasons set out in the preamble, FMCSA amends 49 CFR part 375 
as set forth below:

PART 375--TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE; 
CONSUMER PROTECTION REGULATIONS

0
1. The authority citation for part 375 continues to read as follows:

    Authority: 5 U.S.C. 553; 49 U.S.C. 13301, 13704, 13707, 14104, 
14706; and 49 CFR 1.73.


0
2. Revise Sec.  375.101 to read as follows:


Sec.  375.101  Who must follow these regulations?

    You, a for-hire motor carrier engaged in the interstate 
transportation of household goods, must follow these regulations when 
offering your services to individual shippers. You are subject to this 
part only when you transport household goods for individual shippers by 
motor vehicle in interstate commerce as defined in Sec.  390.5 of this 
subchapter.

0
3. Revise Sec.  375.105 to read as follows:


Sec.  375.105  What are the information collection requirements of this 
part?

    (a) The information collection requirements of this part have been 
reviewed 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 control number 2126-0025.
    (b) The information collection requirements are found in the 
following sections: Section 375.205, Section 375.207, Section 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 375.605, Section 375.607, Section 375.609, Section 375.803, 
Section 375.805, and Section 375.807.

0
4. Amend Sec.  375.211 to revise paragraphs (a), (a)(2), and (b) to 
read as follows:


Sec.  375.211  Must I have an arbitration program?

    (a) You must have an arbitration program to resolve property loss 
and damage disputes for individual shippers. You must establish and 
maintain an arbitration program with the following 11 minimum elements:
    (1) * * *
    (2) Before execution of the order for service, you must provide 
notice to the individual shipper of the availability of neutral 
arbitration, including all three of the following items:
    (i) A summary of the arbitration procedure.
    (ii) Any applicable costs.
    (iii) A disclosure of the legal effects of election to use 
arbitration.
* * * * *
    (b) You must produce and distribute a concise, easy-to-read, 
accurate summary of your arbitration program, including the items in 
this section.
0
5. Amend Sec.  375.217 to revise paragraph (c)(1) to read as follows:


Sec.  375.217  How must I collect charges upon delivery?

* * * * *
    (c) * * *
    (1) If you agree to accept payment by charge or credit card, you 
must arrange with the individual shipper for the delivery only at a 
time when you can obtain authorization for the shipper's credit card 
transaction.
* * * * *

0
6. Revise Sec.  375.303 to read as follows:


Sec.  375.303  If I sell liability insurance coverage, what must I do?

    (a) You, your employee, or an agent may sell, offer to sell, or 
procure liability insurance coverage for loss or damage to shipments of 
any individual shipper only when the individual shipper releases the 
shipment for transportation at a value not exceeding 60 cents per pound 
($1.32 per kilogram) per article.
    (b) You may offer, sell, or procure any type of insurance policy on 
behalf of the individual shipper covering loss or damage in excess of 
the specified carrier liability.
    (c) If you sell, offer to sell, or procure liability insurance 
coverage for loss or damage to shipments:
    (1) You must issue to the individual shipper a policy or other 
appropriate evidence of the insurance that the individual shipper 
purchased.
    (2) You must provide a copy of the policy or other appropriate 
evidence to the individual shipper at the time you sell or procure the 
insurance.
    (3) You must issue policies written in plain English.
    (4) You must clearly specify the nature and extent of coverage 
under the policy.
    (5) Your failure to issue a policy, or other appropriate evidence 
of insurance purchased, to an individual shipper will subject you to 
full liability for any claims to recover loss or damage attributed to 
you.
    (6) You must provide in your tariff for the provision of selling, 
offering to sell, or procuring liability insurance coverage. The tariff 
must also provide for the base transportation charge, including your 
assumption of full liability for the value of the shipment. This would 
be in the event you fail to issue a policy or other appropriate 
evidence of insurance to the individual shipper at the time of 
purchase.

0
7. Amend Sec.  375.403 to revise paragraph (a)(7) to read as follows:


Sec.  375.403  How must I provide a binding estimate?

    (a) * * *
    (7) If you believe additional services are necessary to properly 
service a shipment after the household goods are in transit, you must 
inform the individual shipper what the additional services are before 
performing those services. You must allow the shipper at least one hour 
to determine whether he or she wants the additional services performed. 
If the individual shipper agrees to pay for the additional services, 
you must execute a written attachment to be made an integral part of 
the bill of lading contract and have the individual shipper sign the 
written attachment. This may be done through fax transmissions; e-mail; 
overnight courier; or certified mail, return receipt requested. You 
must bill the individual shipper for the additional services after 30 
days from delivery. If the individual shipper does not agree to pay the 
additional services, the carrier should

[[Page 10576]]

perform only those additional services as are required to complete the 
delivery, and bill the individual shipper for the additional services 
after 30 days from delivery.
* * * * *

0
8. Amend Sec.  375.405 to revise paragraph (b)(9) to read as follows:


Sec.  375.405  How must I provide a non-binding estimate?

* * * * *
    (b) * * *
    (9) If you believe additional services are necessary to properly 
service a shipment after the household goods are in transit, you must 
inform the individual shipper what the additional services are before 
performing those services. You must allow the shipper at least one hour 
to determine whether he or she wants the additional services performed. 
If the individual shipper agrees to pay for the additional services, 
you must execute a written attachment to be made an integral part of 
the bill of lading contract and have the individual shipper sign the 
written attachment. This may be done through fax transmissions; e-mail; 
overnight courier; or certified mail, return receipt requested. You 
must bill the individual shipper for the additional services after 30 
days from delivery. If the individual shipper does not agree to pay the 
additional services, the carrier should perform only those additional 
services as are required to complete the delivery, and bill the 
individual shipper for the additional services after 30 days from 
delivery.
* * * * *

0
9. Amend Sec.  375.501 to revise paragraphs (a)(2), (a)(15), and (d)(2) 
and to add paragraph (h) to read as follows:


Sec.  375.501  Must I write up an order for service?

    (a) * * *
    (2) The individual shipper's name, address, and, if available, 
telephone number(s).
* * * * *
    (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.
* * * * *
    (d) * * *
    (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.
* * * * *
    (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.

0
10. Amend Sec.  375.503 to revise paragraphs (b) and (c) to read as 
follows:


Sec.  375.503  Must I write up an inventory?

* * * * *
    (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.
* * * * *

0
11. Amend Sec.  375.505 to revise paragraphs (a), (b)(5), (b)(14), and 
(c) and to add paragraph (e) to read as follows:


Sec.  375.505  Must I write up a bill of lading?

    (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 Sec.  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) * * *
    (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.
* * * * *
    (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.
* * * * *
    (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.

0
12. Amend Sec.  375.515 to revise paragraph (b) to read as follows:


Sec.  375.515  May an individual shipper waive his or her right to 
observe each weighing?

* * * * *
    (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.
* * * * *

0
13. Amend Sec.  375.521 to revise paragraph (a) to read as follows:


Sec.  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.
* * * * *

0
14. Amend Sec.  375.605 to revise paragraph (a) to read as follows:


Sec.  375.605  How must I notify an individual shipper of any service 
delays?

    (a) When you are unable to perform either the pickup or delivery of 
a shipment on the dates or during the periods specified in the order 
for service and as soon as the delay becomes

[[Page 10577]]

apparent to you, you must notify the individual shipper of the delay, 
at your expense, in one of the following six ways:
    (1) By telephone.
    (2) In person.
    (3) Fax transmissions.
    (4) E-mail.
    (5) Overnight courier.
    (6) Certified mail, return receipt requested.
* * * * *

0
15. Amend Sec.  375.609 to revise paragraph (d) to read as follows:


Sec.  375.609  What must I do for shippers who store household goods in 
transit?

* * * * *
    (d) You must notify the individual shipper by facsimile 
transmission; e-mail; overnight courier; or certified mail, return 
receipt requested.
* * * * *

0
16. Revise Sec.  375.801 to read as follows:


Sec.  375.801  What types of charges apply to subpart H?

    This subpart applies to all shipments of household goods that:
    (a) Entail a balance due freight or expense bill, or
    (b) Are transported on an extension of credit basis.

0
17. Revise Sec.  375.803 to read as follows:


Sec.  375.803  How must I present my freight or expense bill?

    You must present your freight or expense bill in accordance with 
Sec.  375.807 of this subpart.

0
18. Revise Appendix A to Part 375 to read as follows:

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 Sec.  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.

[[Page 10578]]

    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 its 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 on-line 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 non-binding 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.

[[Page 10579]]

    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

[[Page 10580]]

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 USDOT number the 
advertised service will originate.
    (2) USDOT number, assigned by FMCSA, authorizing your mover to 
operate. Your mover must display the information as: USDOT No. 
(assigned number).
    You should compare the name or trade name of the mover and its 
USDOT number to the name and USDOT 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.

[[Page 10581]]

    (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.
    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 15 days, including Saturdays, Sundays, and 
Federal holidays, except your mover may establish its own standard 
credit period of up to 30 calendar days. Your mover may also 
establish a service charge for extending credit, including a minimum 
service charge. Your mover's service charge applies only when your 
payments are made after its established standard credit period. For 
example, if your mover's established standard credit period is less 
than the maximum 30-calendar-day period, your mover may extend 
credit including a service charge for the additional time up to the 
maximum 30-calendar-day period. If your mover extends such credit, 
you may elect to postpone payment, including the service charge, 
until the end of the extended credit period.
    Your mover may establish additional service charges for payments 
made after the expiration of the 30-calendar-day period. If your 
mover establishes additional service charges, your mover must begin 
to compute service charges on the day following the last day of its 
standard credit period. If your mover establishes service charges, 
your mover must notify you about the following three things:
    (1) The only purpose of the service charge is to prevent you 
from having free use of the mover's funds.
    (2) The service charge encourages your prompt payment.
    (3) 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

[[Page 10582]]

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 ExpressTM, 
DiscoverTM, MasterCardTM, or 
VisaTM. 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 may 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 representatives 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 
TM, a specific credit card such as Visa TM, 
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 non-binding 
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.

[[Page 10583]]

    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 TM or a specific credit card such as Visa 
TM. 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 non-binding 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. Thirty days after delivery, your mover must bill 
you for the balance of any remaining charges. 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 after 30 days from 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 non-binding 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 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 nine 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) Reaffirm 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

[[Page 10584]]

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. Thirty days after delivery, 
your mover must bill you for any remaining balance. 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 after 30 days from 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 change 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 USDOT 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(es) 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

[[Page 10585]]

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 - 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

[[Page 10586]]

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 - 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, noncertified scale. You should 
demand your right to have a certified scale used. The use of a 
noncertified scale may cause you to pay a higher final bill for your 
move, if the noncertified scale does not accurately weigh your 
shipment. Remember that certified scales are inspected and approved 
for accuracy by a government inspection or licensing agency. 
Noncertified 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 
reweighings.
    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 reweigh weight.
    Before requesting a reweigh, 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.

[[Page 10587]]

    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:
    (1) The specified period of time when your mover is to hold your 
goods in storage.
    (2) 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

[[Page 10588]]

(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.
    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 all transportation charges within 15 days, 
calculated from the date the shipment was delivered at your 
destination. This period excludes Saturdays, Sundays, and Federal 
holidays.

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.
    The credit period must be 15 days (including 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 15-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 bills 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

[[Page 10589]]

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.

    Issued on: February 26, 2004.
Warren E. Hoemann,
Deputy Administrator.
[FR Doc. 04-4783 Filed 3-4-04; 8:45 am]
BILLING CODE 4910-EX-P