Moving Long Distatnce Rights And Responsibilities
General Requirements
The Federal Motor Carrier Safety Administration’s (FMCSA) regulations protect
consumers of interstate moves and define the rights and responsibilities of consumers
(shippers) and household goods carriers (movers)
.
The household goods carrier gave you this booklet to provide information about your
rights and responsibilities as an individual shipper of household goods
.
Your primary
responsibilities are to ensure that you understand the terms and conditions of the
moving contract (bill of lading), and know what to do in case problems arise
.
The primary responsibility for protecting your move lies with you in selecting a
reputable household goods mover or household goods broker, and making sure you
understand the terms and conditions of your contract and the remedies that are
available to you in case problems arise
.
Regulations and Interstate Transportation
FMCSA’s regulations apply to motor carriers that engage in the interstate
transportation of household goods and brokers that arrange for such transportation
.
These regulations require your mover to perform certain services and provide you
with specific documents
.
The regulations only apply t
o your mover when the mover
transports your household goods by motor vehicle in interstate or foreign commerce
– that is when you move from one State to another or internationally
.
The regulations
do not apply when your move takes place within a commercial zone (defined at the end
of this booklet) or between two points in the same State
Legitimate Movers and Brokers
Legitimate movers and brokers are registered with FMCSA to engage in interstate
operations involving the interstate transportation of household goods
.
A legitimate
mover explains whether they are a broker or a mover
.
A household goods broker
arranges for the transportation of your shipment but does not provide line-haul
transportation
.
A household goods mover actually transports your shipment
.
Household goods brokers or movers must provide you with basic information before
you move
.
You should expect to receive the following information:
•
A written estimate
•
The “Ready to Move” Brochure (or a web link, if you prefer)
•
Information about the mover’s arbitration program
•
Written notice about access to the mover’s tariff
•
The process for handling claims
•
This booklet, “Your Rights and Responsibilities When You Move” (or a web link, if
you prefer)
You should avoid brokers and movers that are not registered with FMCSA, refuse
to perform a physical survey of your household goods, and require cash only
transactions
.
You can determine if your broker or mover is registered with FMCSA
Customer’s Responsibilities
As a customer, you have responsibilities both to your mover and yourself
.They include:
•Reading all moving documents issued by the mover or broker
.
•Being available at the time of pickup and delivery of your shipment
.
If you are not available you should appoint a representative to act on your behalf
.
•Promptly notifying your mover if something has changed regarding your shipment
(i.e.move dates, additional items)
.
•Making payment in the amount required and in the form agreed to with the mover
.
•Promptly filing claims for loss, damage or delays with your mover, if necessary
Estimates
The two most important things to understand for your interstate move are: the types
of estimates offered and the mover’s liability in the event of loss or damage
.
As y
ou
read further, you will discover that movers offer different types of estimates – binding
and non-binding
.
The type of estimate you select determines how the charges for your
shipment will be calculated
.
The estimate provided by your mover will notify you of
the two liability coverage options: Option 1 - Full (Replacement) Value Protection and
Option 2 - Waiver of Full (Replacement) Value Protection (60 cents per pound)
.
The
mover’s liability is discussed in detail in the next section
.
FMCSA requires your mover to provide written estimates on every shipment
transported for you
.
Your mover’s verbal quote of charges is not an official estimate
since it is not in writing
.
Your mover must provide you with a written estimate of all
charges including transportation, accessorial and advanced charges (defined at the
end of this booklet)
.
This written estimate must be dated and signed by you and the
mover
.
The estimate provided to you by your mover will include a statement notifying you
of two options of liability coverage for your shipment: Full (Replacement) Value
Protection and Waiver of Full (Replacement) Value Protection, Released Value of 60
cents per pound per article
.
If you are moving from a location within a 50 mile radius of your mover’s (or its agent’s
or broker’s) place of business, the estimate must be based on a physical survey of your
household goods, unless you waive this requirement in writing before your shipment is
loaded
.
Please be aware that a household goods broker may only provide an estimate on a
mover’s behalf if it has a written agreement with the mover and uses the mover’s
published tariff
.
You and your mover may agree to change an estimate of charges based on changed
circumstances, but only before your shipment is loaded
.
Your mover may not change
an estimate after loading the shipment
There is more information about changes to estimates in the following sections
.
Never sign a blank or incomplete estimate.
Movers may not require you to
sign blank or incomplete estimates
.
Uns
crupulous movers could use the blank or
incomplete estimate to change the terms of your move, including the cost, without
your knowledge or consent
.
Binding Estimates
A binding estimate guarantees that you cannot be required to pay more than the
amount on the estimate
.
However, if you add additional items to your shipment or
request additional services, you and your mover may: agree to abide by the original
binding estimate, negotiate a new binding estimate or convert the binding estimate
into a non-binding estimate
.
If the mover does not give you a new binding estimate in writing, or agree in writing to
convert the binding estimate to a non-binding estimate before your goods are loaded,
the original binding estimate is reaffirmed
.
Under these circumstances, your mover
should not charge or collect more than the amount of the original binding estimate at
delivery for the quantities and services included in the estimate
.
If there are unforeseen circumstances (such as elevators, stairs, or required parking
permits) at the destination the mover can bill you for these additional expenses after
30 days from delivery
.
Charges for services required as a result of impracticable
operations (defined at the end of this booklet) are due at delivery, but may not exceed
15 percent of all other charges due at delivery; any remaining charges will be billed to
you with payment due in 30 days
.
If you are unable to pay 100 percent of the charges on a binding estimate, your
mover may place your shipment in storage at your expense until the required charges
(including the cost of the storage) are paid
.
Your mover may charge a fee to prepare a binding estimate
Non-Binding Estimates
A non-binding estimate is intended to provide you with an estimate of the cost of your
move
.
A non-binding estimate is not a guarantee of your final costs, but it should be
reasonably accurate
.
The estimate must indicate that your final charges will be based
upon the actual weight of your shipment, the services provided, and the mover’s
published tariff
.
Therefore, the amount of your mover’s non-binding estimate may be
different than the amount you ultimately have to pay
.
A non-binding estimate must be in writing and clearly describe the shipment and all
services provided
.
Under a non-binding estimate, the mover cannot require you to pay
more than 110 percent of the original estimate at the time of delivery
.
This does not
excuse you from paying all of the charges due on your shipment
.
The mover will bill
you for any remaining charges after 30 days from delivery
Your mover must give you possession of your shipment if you pay 110 percent of a
non-binding estimate or 100 percent of a binding estimate, plus 15 percent of the
impracticable operations charges (if applicable) . If your mover does not relinquish
possession, the mover is holding your shipment hostage in violation of Federal law
.
.
Your Mover’s Liability and Your Claims
In general, your mover is legally liable for loss or damage that occurs during the
transportation of your shipment and all related services identified on the bill of lading .
The extent of your mover’s liability is governed by the Surface Transportation Board’s
Released Rates Order
. You may obtain a copy of the current Released Rates Order
by visiting the Surface Transportation Board’s website at:
http://www.stb.dot.gov/
Decisions/readingroom.nsf/(search-10.192.5.24-19306)?OpenView&Count=5000
. In
addition, your mover may, but is not required to, offer to sell you separate third-party
liability insurance
.
All moving companies are required to assume liability for the value of the household
goods they transport
. However, there are two different levels of liability that apply to
interstate moves Full (Replacement) Value Protection and Waiver of Full (Replacement)
Value Protection - Released Value
. It is important you understand the charges that
apply and the amount of protection provided by each level
Full (Replacement)Value Protection
This is the most comprehensive option available to protect your household goods, but
it will increase the cost of your move
. The initial cost estimate of charges that you
receive from your mover must include this level of protection . Your shipment will be
transported at this level of liability unless you waive Full Value Protection . Under your
mover’s Full Value Protection level of liability, subject to the allowable exceptions in
your mover’s tariff, if any article is lost, destroyed or damaged while in your mover’s
custody, your mover will, at its option, either 1) repair the article to the extent
necessary to restore it to the same condition as when it was received by your mover, or
pay you for the cost of such repairs; or 2) replace the article with an article of like, kind
and quality, or pay you for the cost of such a replacement
.
The exact cost for your shipment, including Full Value Protection, may vary by mover
and may be further subject to various deductible levels that may reduce your cost
.
The minimum level for determining the Full Value Protection of your shipment is $6 .00 per pound times the weight of your shipment . Your mover may have a higher minimum value or you may declare a higher value for your shipment (at an additional cost) . The charges that apply for providing Full Value Protection must be shown in your mover’s tariff . Ask your mover for the details under its specific program .Under this option, 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 (for example, jewelry, silverware, china, furs, antiques, oriental rugs and computer software) . Ask your mover for a complete explanation of this limitation before your move . It is your responsibility to study this provision carefully and to make the necessary declaration .
Waiver of Full (Replacement) Value Protection (Released Value of 60
cents per pound per article)
Released Value is minimal protection; however, it is the most economical protection
available as there is no charge to you . Under this option, the mover assumes liability
for no more than 60 cents per pound, per article For example, if a 10 pound stereo
component valued at $1,000 were lost or destroyed, the mover would be liable for
no more than $6 .00 (10 pounds x $ .60) . Obviously, you should think carefully before
agreeing to such an arrangement
.
Third Party Insurance
If you purchase separate third party cargo 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 is liable for any claim for loss or damage attributed to its negligence
.
Shipments transported under a mover’s bill of lading are subject to arbitration in the
event of a dispute over loss or damage claims
. However, disputes with third party insurance companies might not be subject to arbitration in the event of disputed loss
and damage claims as those companies are not within the jurisdiction of the FMCSA .
Third party insurance companies are subject to the regulations of the States in which
they are licensed .
Reducing your Mover’s Normal Liability
The following are some actions that may limit or reduce your mover’s liability for loss
or damage to your household goods:
1 .Your acts or omissions cause the loss or damage to occur
. For example,
improper packing of containers you pack yourself do not provide sufficient
protection or you include perishable, dangerous, or hazardous materials in
your shipment without your mover’s knowledge
. Federal law forbids you to
ship hazardous materials in your household goods boxes or luggage without
informing your mover
.
2 .You chose the Waiver of Full Value Protection – Released Value level of liability
(60 cents per pound per article) but ship household goods valued at more than
60 cents per pound per article
.
3 .You declare a value for your shipment which is less than the actual value of the
articles in your shipment
.
4 .You fail to notify your mover in writing of articles valued at more than $100 per
pound . (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
.
Loss and Damage Claims
Movers customarily take every precaution to make sure that while your shipment is
in their possession, no items are lost, damaged or destroyed . However, despite the
precautions taken, articles are sometimes lost or destroyed during the move
. You have the right to file a claim with your mover to be compensated for loss or damage
.
You have 9 months from the date of delivery (or in the event of loss for the entire
shipment, from the date your shipment should have been delivered) to file your claim .
The claim must be submitted in writing to your mover or to your mover’s third party
company for claim processing . After you submit your claim, your mover has 30 days
to acknowledge receipt of it
. The mover then has 120 days to provide you with a
disposition . The mover might be entitled to 60-day extensions if the claim cannot be
processed or disposed of within 120 days
Delay Claims
Delay claims are processed when you have contracted with your mover for guaranteed
service for pickup and delivery
. Your mover will outline on the bill of lading any penalty or per diem entitlements when there is a pickup delay and/or delivery delay
Order for Service
Your mover is required by law to prepare an order for service for your shipment
. The
following 14 elements should be listed on the order for service
.
1 .Your mover’s name, 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:
a .The agreed-upon pickup date and delivery date of your move
b .The agreed-upon period(s) of the entire move
c .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 the transportation of your shipment
7 .The form of payment your mover will accept at delivery The paymentinformation 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, based on the mover’s estimate,
at delivery to release the shipment, when transported on a collect-on-delivery
basis
10 .A complete description of any special or accessorial services ordered and
minimum weight or volume charges applicable to the shipment
.
11 .Any identification or registration number your mover assigns to the shipment
.
12 .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
.
13 .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
.
14 .An indication of whether you request notification of the charges before
delivery
. You must provide your mover with contact information .
You are entitled to a copy of the order for service when it is prepared . The order for
service is an important part of the contract (bill of lading) between you and the mover
.
Should you cancel or delay your shipment, or if you decide not to use the mover, you
should promptly cancel the order
. If you cancel your shipment more than three days
after signing the order for service, you mover may charge you a penalty
.
The order for service provides you with written confirmation of the services you have
requested to be performed in conjunction with your shipment
. This document lists the
agreed dates for the pickup and delivery of your shipment, the amount of liability that
you requested, along with any special services that you have ordered and a place and
telephone number where the mover can contact you during the move
.
The order for service also shows the charges that you may be assessed for your move
.
If you are moving under a non-binding estimate, the order for service will indicate the
amount of the estimated non-binding charges, the method of payment for the charges,
and additional charges that may occur prior to loading .
If you are moving under a binding estimate, the order for service will show the charges
that you will be required to pay and the terms of payment
. You and your mover must both sign the order for service
.
If you or your mover changes any agreed upon dates for pickup or delivery of your
shipment, or agree to any change in the non-binding estimate, your mover must
prepare a written change to the order for service
. The written change must be attached to the order for service
Inventory
Your mover must prepare an inventory of your shipment
. This is usually done at the time the mover loads your shipment
. The mover is required to list any damage or unusual wear to any items . The purpose is to make a record of the existence and condition of each item before it is moved .After completing the inventory, both you and the mover must sign each page of the inventory . It is important that before signing you make sure the inventory lists every item in your shipment and that entries regarding the condition of each item are correct . You have the right to note any disagreement . When your shipment is delivered, if an item is missing or damaged, your ability to recover from the mover for any loss or damage may depend on the notations made on this form .The mover will give you a copy of each page of the inventory . Attach the complete inventory to your copy of the bill of lading . It is your receipt for the shipment .At the time your shipment is delivered, it is your responsibility to check the items delivered against the items listed on your inventory . If new damage is discovered, make a record of it on the inventory form . Call the damage to the attention of the mover and request that a record of the damage is made on the mover’s copy of the inventory .After the complete shipment is unloaded, the mover will request that you sign the mover’s copy of the inventory to show that you received the items listed . Do not sign until you have assured yourself that it is accurate and that proper notations have been entered regarding any missing or damaged items . Movers are prohibited from having you sign documents that release the mover from all liability for loss or damage to the shipment in exchange for delivery
Bill of Lading
Your mover is required by law to prepare a bill of lading for your shipment
. The bill of lading is the contract between you and the mover for the transportation of your
shipment
. 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 shipment
. 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
.
IT IS YOUR RESPONSIBILITY
TO READ THE BILL OF LADING
BEFORE YOU ACCEPT IT
The bill of lading requires the mover to provide the service you requested and requires
you to pay the charges for the service. 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 serves to identify the mover and specifies when the transportation
is to be performed . Be sure that the portions of the bill of lading that note the dates
when pickup and delivery are to be performed are completed and that you agree with
the dates
. It also specifies the terms and conditions for payment of the total charges
and the maximum amount required to be paid at the time of delivery for shipments
moving under a binding estimate
. In the case of shipments moving under non-binding
estimates, the bill of lading will not include a final calculation of charges because that
cannot be determined until the shipment is weighed . However, the bill of lading must
contain all relevant shipment information – except the shipment weight that will be
determined after the shipment has been weighed and any unforeseen charges that
occur in transit
.
The bill of lading must include the following 14 elements
.
1 .Your mover’s name and address, or the name and address of the mover issuing
the bill of lading .
2 .The names and addresses of any other mover, when known, who will
participate in the transportation of your shipment
.
3 .The name, address, and telephone number of the office where you can contact
the mover for matters relating to the transportation of the shipment
.
4 .The form of payment your mover will accept at delivery
. The payment information must be the same as 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 must be listed so the mover can
notify you about the charges
.
6 .For non-guaranteed service, the agreed-upon dates or period of time for pickup
and delivery of the shipment
.
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 vehicles(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, based on the mover’s
estimate, at the time of delivery for you to obtain possession of your shipment,
when your mover transports under a collect-on-delivery basis
.
12 .Evidence of any insurance coverage sold to or procured for you from an
independent insurer, including the amount of the premium for such insurance
.
13 .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 an attachment:
a .The binding or non-binding estimate
b .The order for service
c .The inventory
14 .The two options for liability of which you will select either: Option 1) Full
(Replacement) Value Protection or Option 2) Waiver of Full (Replacement)
Value Protection .
The 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, the bill
of lading must be in the possession of the driver responsible for the shipment
.
Freight Bill
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 .
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 .
Your mover must deliver your shipment upon payment of 100 percent of a binding
estimate or 110 percent of a non-binding estimate, plus the full cost of any additional
services that you required after the contract was executed and any charges for
impracticable operation, not to exceed 15 percent of all other charges due at delivery
.
If you do not pay the transportation charges due at the time of delivery, your mover
has the right, under the bill of lading, to refuse to deliver your shipment
. The mover
may place your shipment in storage, at your expense, until the charges are paid
Weight Tickets
Your mover must obtain weight tickets if your shipment is moving under a non-
binding estimate
. Each time your shipment is weighed, a separate weight ticket must
be obtained and signed by the weigh master
. If both weighings are performed on
the same scale, one weight ticket may be used to record both weighings
. The weight
tickets must be presented with the freight bill . Each weight ticket must contain the
following six items:
1 .The complete name and location of the scale
.
2 .The date of each weighing .
3 .The identification of the weight entries as being the tare, gross, or net weights
.
4 .The company or mover identification of the vehicle
.
5 .The last name of the individual shipper as it appears on the bill of lading .
6 .The mover’s shipment registration or bill of lading number
.
Additional information regarding weighing shipments is located later in this booklet
.
