Custom Tariff Publishing, Bill of Lading, and Order for Service Video for FMCSA Interstate Moving Companies

Posted by David Piotrowski

Interstate household goods transportation companies must publish a tariff and must issue a Bill of Lading and Order for Service on each and every interstate moving job that they perform. This is mandated by law. Failure to publish a tariff or issue a Bill of Lading and Order for Service may result in moderate to severe penalties. The FMCSA department of the USDOT have been fining interstate moving companies for failure to publish a tariff and failure to create a Bill of Lading and Order for Service. Many owners of moving companies often contact me about their business and wanting to know what they need to do to comply with tariff and other regulatory matters. The majority of new moving company owners have heard of a tariff, but they don’t really know what it means to “publish a tariff.” Similarly, most owners know that they need to create a Bill of Lading and an Order for Service, but they don’t really know what needs to be on these documents.

To assist moving company owners, we have created a video describing the basics of tariff publishing, Bills of Lading, and the Order for Service. A video outlining the basics of a tariff, Bill of Lading, and Order for Service, can be found here.

The Law Office of David Piotrowski works with interstate household goods moving companies to publish their tariff, as well as create customized contracts including the Bill of Lading and Order for Service.

FMCSA Compliance Reviews

Posted by David Piotrowski

FMCSA Compliance Reviews are serious. When an interstate household goods moving company receives notification of an upcoming compliance review, they should ensure that their files are in order and up-to-date. While moving companies are required by federal law to comply with all applicable rules and regulations governing the industry, sometimes movers may be unaware of a certain rule or fail to update their records in a manner that is required of them.

The purpose of an FMCSA Compliance Review is to review a motor carrier’s operations including, but not limited to, their compliance with tariff requirements, Bills of Lading, Order for Service, Estimates, and other documents, accident registers, driver files, claim files, and other relevant information pertaining to the operations of the company.

Click here to watch a Video describing FMCSA Compliance Reviews.

Moving companies should diligently prepare for the compliance review. A negative review may result in fines or suspension/revocation of the carrier’s operating authority.

The Law Office of David Piotrowski performs “mock” compliance review audits to ascertain and inform the moving company of their various strengths and weaknesses to help them better prepare for the compliance review audit.

Household Goods Arbitration Program

Posted by David Piotrowski

All interstate moving companies are required by law to have an arbitration program available to their customers. Failure of a moving company to provide customers with notice of the availability of arbitration is against DOT regulations and may subject the moving company to fines and/or penalties. Beware of movers who claim to have an arbitration program in place but ultimately have no such program. While the DOT requires interstate household goods moving companies to have an arbitration program, the DOT does not require movers to provide them with proof of such program in order to obtain interstate operating authority.

Before a moving company performs a pickup of household goods, they are required to provide the customer with notice 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.

Upon the request of the customer, moving companies must provide information and forms necessary for initiating an action to resolve a dispute under arbitration.

For more information, read the DOT published brochure on arbitration.

Tariff Publishing Services

Posted by David Piotrowski

Need to publish an interstate household goods tariff?

As readers of this blog will know, interstate household goods moving companies are required to have a tariff that lists their prices and the services offered. This blog discusses household goods tariffs in many posts. Household goods moving companies are encouraged to read the following posts relating to tariffs and tariff publishing:

Publishing a Tariff
Moving Company Tariffs
Customized Tariffs
Define: Tariff
New Household Goods Tariff Rules

We offer two (2) types of tariff publishing services. Each option caters to a different type of moving company and you are encouraged to select the option that best suits your needs. Both options are overseen by a transportation law attorney and will meet regulatory requirements.

Option 1 — Hands Off Approach
This option is ideal for new moving companies and for movers who already have a structure in place. Movers who already have their rates, packing price lists, and service offerings will benefit from this less expensive, hands-off approach to creating their tariff. Under this option, the moving company will place an order online to have their tariff created for them. Once the purchase has been made, the mover will receive a tariff questionnaire form within one (1) business day asking them to provide their rates and other relevant information about the way they operate the business. Once the tariff questionnaire form is completed and returned by email or fax, the tariff will be created. Each tariff is personally reviewed by a transportation attorney prior to completion. Once the tariff is completed, which normally takes 14 to 21 business days, the tariff will be mailed to the moving company along with instructions on how to publish and maintain it. Upon request, the tariff can also be emailed to the company. While the tariff is being created, email support is available to answer any questions the mover may have about the process.

Option 1 costs $895.00.

To purchase option one, please click on the following botton. You will be redirected to make your payment using Paypal’s secure servers. Once you make your payment, you will receive your tariff questionnaire within one (1) business day.

Option 2 — Hands On Approach
Option 2 is for those moving companies that may have additional questions or need a little extra assistance when creating their tariff. Option 2 includes everything included in Option 1, plus the following:

- Up to 2 hours of telephone support with a transportation attorney to discuss tariff issues;
- Further tariff customization according the needs of the moving company;
- Tariff turnaround time of 7 to 10 business days instead of 14 to 21 business days.

Option 2 costs $1595.00.

To purchase option two, please click on the following botton. You will be redirected to make your payment using Paypal’s secure servers. Once you make your payment, you will receive your tariff questionnaire within one (1) business day.

If you have any questions, please email info – @ – shipmygoods.com. Remove the dashes and spaces before sending the message. Thank you.

Publish a Custom Tariff

Posted by David Piotrowski

Interstate household goods moving companies must publish a tariff. Several articles on this blog touch upon this subject. Penalties for failing to publish a tariff can be both civil and criminal in nature. There are several benefits for publishing a custom tariff.

First, movers who publish a custom tariff have more freedom to tailor their rates and service offerings in such a way that will be most beneficial to their particular business. All moving companies are different, and just because charging based on weight works for one company doesn’t mean it will work for another. Publishing a custom tariff will allow the mover to elect to charge based on weight, cubic feet, or both.

Second, publishing a custom tariff will help shield the moving company from potential antitrust liability. In the beginning of 2008, the Surface Transportation Board (STB) ended antitrust immunity for ratemaking in the moving industry. This means moving companies may be subjected to liability if they continue to uniformly apply the 400N or other similar tariffs. Continuing the use such tariffs may subject moving companies to liability under the nation’s anti-trust laws.

Third, publishing a custom tariff allows movers to be more competitive. If a mover knows their competition is charging $3.22 per cubic foot, the mover may decide to charge $3.19 per cubic foot, or to provide five (5) free 1.5 cubic feet moving boxes on orders that meet certain monetary thresholds. Publishing a custom tariff allows movers to insert these types of competitive and promotional marketing methods.

Fourth, publishing a tariff is the law. All interstate household goods moving companies must publish a tariff.

For these reasons, and others, it is in the movers best interests to publish a custom tariff.

Need help publishing a custom tariff? Contact a transportation attorney today.

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