Houshold Goods Tariff Violations

Posted by David Piotrowski

The penalties for household goods tariff violations can be very high. I have previously discussed household good tariffs here (400N Tariff), here (definition of a tariff), and here (new tariff rules).

Penalties for violating household goods tariff provisisions can be both civil and criminal in nature. Any person who charges rates not listed in the tariff shall be liable for a civil penalty of up to $100,000.00 for each violation. This means, in one day if a mover charges three (3) different customers rates that are inconsistent with the mover’s tariff, the mover shall be liable for up to $100,000.00 for each of those violations.

Movers may also be subject to criminal liability if they choose to charge customers rates that are inconsistent with their tariff. The penalties may include a financial fine and/or a jail sentence for up to two (2) years for each violation.

It is imperative that movers utilize their tariff and charge customers only the rates listed in the tariff and not one penny more or less.

Your Rights and Responsibilities When You Move

Posted by David Piotrowski

Your Rights and Responsibilities When You Move is a publication of the FMCSA. This article was adapted from the FMCSA’s website.

Your Rights and Responsibilities When You Move is a booklet that the FMCSA requires all movers to provide their customers with prior to the move.

In the words of the FMCSA, “Entrusting your possessions to another can be a stressful experience. The booklet explains to you what you have a right to expect from your mover and what you should do to help ensure your move is a smooth one.”

Your Rights and Responsibilities When You Move is a fairly long booklet and can be downloaded from this website here.

Interstate Move

Posted by David Piotrowski

I gave a brief overview of what an interstate move is here, but I thought it prudent to discuss interstate moves on a deeper level as this blog is geared primarily to those who provide interstate moving services and those who are in need of such services.

This majority of this article was taken from the FMCSA’s website www.protectyourmove.gov. For the article, please click here.

While I explain what an interstate move is below, this explanation is not meant to be an exhaustive explanation. There are other types of interstate moves; however, the below definitions and explanations of interstate moves are the more common uses of the term.

Interstate move means transportation of goods in the United States which is between a place in a state and a place outside of that state (including a place outside the United States); or between two places in a state through another state or place outside of the United States.

Interstate Move…
Occurs between a place in a state and a place outside of that state (i.e., in another state or country). Even if other modes of transportation, such as plane or rail, are involved in moving the goods as long as the goods cross a state line and involve a mover at any point, it is an interstate move, and at least the portion involving the mover is governed by FMCSA rules and regulations. The moving truck or van does not have to physically cross a state line for it to be an interstate move.

Interstate Move…
Occurs between two places in the same state if the shipment passes through another state.

AMSA

Posted by David Piotrowski

AMSA, short for the American Moving and Storage Association, is a name that all interstate movers should know. AMSA is an organization comprised of many domestic (and some international) moving companies that conduct interstate household goods moving services, as well as their suppliers and vendors.

AMSA was established in 1936 and currently serves around 3,700 members.

Membership in AMSA is available to those who qualify and members receive periodic newsletters with updates on the industry, access to annual events, certification programs, educational seminars, and more.

For more information, visit AMSA’s website.

Define: Order for Service

Posted by David Piotrowski

An Order for Service is one of the required documents that moving companies must issue to their customers. Federal law states that before a moving company receives a shipment of household goods, an Order for Service must be prepared and the Order for Service must include the following elements:

1. The name and address and the FMCSA U.S. DOT number assigned to the mover who is responsible for performing the service.
2. The individual customer’s name, address and, if available, its telephone number(s).
3. The name, address, and telephone number of the delivering mover’s office or agent located at or nearest to the destination of the shipment.
4. A telephone number where the customer may contact the moving company or its designated agent.
5. One of the following three entries must be on the order for service:
(i) The agreed pickup date and agreed delivery date of the move.
(ii) The agreed period(s) of the entire move.
(iii) If the moving company is transporting the shipment on a guaranteed service basis, the guaranteed dates or periods for pickup, transportation, and delivery. The moving company 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, who will participate in interline transportation of the shipment.
7. The form of payment the moving company and its agents will honor at delivery. The payment information must be the same that 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 the moving company will demand at the time of delivery to obtain possession of the shipment, when the moving company transports 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 released rates may be increased annually by the carrier based on the 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, subject to the following two conditions:
(i) If the moving company provides service for individual shippers on rates based upon the transportation of a minimum weight or volume, the moving company must indicate on the order for service the minimum weight- or volume-based rates, and the minimum charges applicable to the shipment.
(ii) If the moving company does not indicate the minimum rates and charges, then the tariff must provide that the mover will compute the final charges relating to such a shipment based upon the actual weight or volume of the shipment.
12. Any identification or registration number the moving company assigns to the shipment (booking number, job number, reference number).
13. For non-binding estimates, the moving company’s reasonably accurate estimate of the amount of the charges, the method of payment of total charges, and the maximum amount (no more than 110 percent of the non-binding estimate) that the moving company will demand at the time of delivery to relinquish possession of the shipment.
14. For binding estimates, the amount of charges the moving company will demand based upon the binding estimate and the terms of payment under the estimate.
15. Whether the individual shipper requests notification of the charges before delivery. The individual shipper must provide the moving company with the telephone number or address where the mover will transmit the notification.

An interesting piece of information regarding an order for service is that by law, a moving company must provide the individual shipper the opportunity to rescind the Order for Service without any penalty for a three-day period after the customer signs the order for service, if the customer scheduled the shipment to be loaded more than three days after signing the Order for Service.

An Order for Service is one of the documents moving companies are required to provide to their customers, along with an estimate, an Inventory List, a Bill of Lading, and this information.

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