MoverworX – Moving Tariffs
Complete Resource for Moving Tariffs
MoverworX mover software is a Specialized and Competent Tariff Publisher trained by AMSA. We are the only Interstate Tariff Publisher providing software and Legal Services including revising or creating new Terms and Conditions for your required paperwork at a fraction of the cost.
We will work with you in the event of an audit by the US D.O.T. Department Of Transportation and/or Surface Board Transportation. We will publish Your moving Company’s Rights and Responsibilities and provide you with the legal forms including New Full Value Protection requirements Bill of Lading, Estimate and your Terms and Conditions.
Who must follow the regulations?Interstate transportation of household goods required a tariff. The Federal Motor Carrier Safety Administration 49 CFR Parts 350, 375, 383, et al. Amendments, 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, New York, and Hackensack, New Jersey, would be considered to be within the New York City commercial zoneand would not be subject to these regulations. Commercial zones are defined in 49 CFR Part 372
What is my mover’s normal liability for loss or damage
A consumer hiring a moving company for an interstate move long has been required to sign a statement (Valuation Statement) either: (1) declaring a total value for a shipment; or (2) electing the 60-cents option. In addition, moving companies must inform shippers of their rights and obtain a signed waiver if the shipper elects anything other than full-value protection. See Released Rates of Motor Common Carriers of Household Goods, RR 999 (Amendment No. 4) (STB served June 13, 2007). Although the voluntary waiver of full-value protection is a part of the Valuation Statement, it appears that consumers do not always realize that they have arranged a move under the 60-cents option until they experience damage to or loss of their goods.
A. Placement and Contents of Valuation Statement.
Typically, a mover provides 3 forms to the consumer in an interstate move, in the following order: estimate form, order for service, and bill of lading (BOL), which is the contract for the move. Prior to the January Decision, the Valuation Statement was required to be placed on either the order for service or the BOL, both of which are provided to the consumer later than the estimate form.
Estimating and ChargesMust my mover estimate the transportation and accessorial charges for my move?
The 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.
If the location that you are moving from is located within a 50 mile radius of your mover’s (or its agent’s) place of business, the estimate that your mover provides to you must be based on a physical survey of your goods. You may waive the requirement for a physical survey if you choose, but your waiver must be in the form of a written agreement signed by you before your shipment is loaded.
You should be aware that if you receive an estimate from a household goods broker, the mover may not be 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.
Transportation of ShipmentMust 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 that 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 with 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. If you request a copy of the notice, your mover must furnish a copy of the notification to you either by first class mail or in person.
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.
Delivery of ShipmentMay 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.
Shipment partially lost or destroyedIf 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.
If you pack a hazardous material (for example, gasoline, aerosol cans, motor oil) 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.
If your mover chooses, it may first collect its freight charges for the entire shipment. 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 (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.
What information must I provide(a) Before you execute an order for service for a shipment of household goods, you must furnish to your prospective individual shipper, all five of the following documents:
(a)(1) The contents of appendix A of this part, “Your Rights and Responsibilities When You Move.”
(a)(2) A concise, easy-to-read, accurate estimate of your charges.
(a)(3) A notice of the availability of the applicable sections of your tariff for the estimate of charges, including an explanation that individual shippers may examine these tariff sections or have copies sent to them upon request.
(a)(4) A concise, easy-to-read, accurate summary of the your arbitration program.
(a)(5) A concise, easy to read, accurate summary of your customer complaint and inquiry handling procedures. Included in this description must be both of the following two items:
(a)(5)(i) The main telephone number the individual shipper may use to communicate with you.
(a)(5)(ii) A clear and concise statement concerning who must pay for telephone calls.
(b) To comply with paragraph (a)(1) of this section, you must produce and distribute a document with the text and general order of appendix A to this part as it appears. The following three items also apply:
(b)(1) If we, the Federal Motor Carrier Safety Administration, choose to modify the text or general order of appendix A, we will provide the public appropriate notice in the Federal Register and an opportunity for comment as required by part 389 of this chapter before making you change anything.
(b)(2) If you publish the document, you may choose the dimensions of the publication as long as the type font size is at least 10 point or greater and the size of the booklet is at least as large as 36 square inches (232 square centimeters).
(b)(3) If you publish the document, you may choose the color and design of the front and back covers of the publication. The following words must appear prominently on the front cover in at least 12 point or greater bold or full-faced type: “Your Rights And Responsibilities When You Move. Furnished By Your Mover, As Required By Federal Law.” You may substitute your name or trade name in place of “Your Mover” if you wish (for example, Furnished by XYZ Van Lines, As Required By Federal Law).
(c) Paragraphs (b)(2) and (b)(3) of this section do not apply to exact copies of appendix A published in the Federal Register or the Code of Federal Regulations.
[68 FR 35093, Jun. 11, 2003]
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