Subject 515-16-6 HOUSEHOLD GOODS CARRIERS
This Chapter applies to household goods carriers operating in
intrastate commerce.
As used in this sub-Chapter, the term Advertisement
means any communication to the public, in written or printed form, in
connection with an offer or sale of any intrastate transportation service,
including accessorial services, but shall not be construed to include listing
of a carrier's name, address and telephone number.
| (1) |
The criminal
and civil penalties for violation of this Chapter are those set forth in
O.C.G.A. §§ 46-2-90
through
46-2-93,
46-7-39, 46-7-90 and 46-7-91, and in Chapters 515-16-3 and 515-16-10 of these
Transportation Rules; and such penalties can only be imposed by the Commission
after notice and hearing, unless the violator consents in writing to such
penalties. |
| (2) |
Whenever the
Commission, after a hearing conducted in accordance with the provisions of
Chapter 3 of the Commission Transportation Rules, finds that any person, firm,
or corporation is operating as a household goods carrier for hire without a
valid certificate issued by the Commission or is holding itself out as such a
carrier without such a certificate in violation of paragraph (b) of O.C.G.A.
§ 46-2-94,
the Commission may impose a fine of not more than $5,000.00 for each violation.
The Commission may assess the person, firm, or corporation an amount sufficient
to cover the reasonable expense of investigation incurred by the Commission.
The Commission may also assess interest at the rate specified in O.C.G.A.
§ 46-2-91
on any fine or assessment imposed, to commence on the day the fine or
assessment becomes delinquent. All fines, assessments, and interest collected
by the Commission shall be paid into the general fund of the state treasury.
Any party aggrieved by a decision of the Commission under this rule may seek
judicial review as provided in O.C.G.A. §§ 46-2-91
and
46-2-92. |
| (1) |
All appointments of an agent by a carrier
holding a permanent certificate shall be evidenced by a contract in writing
properly executed by all parties thereto. Such contracts shall set forth the
duties, obligations, rights, method of compensation, and scope of authority of
the parties thereto. |
| (2) |
Household
goods carriers holding interim certificates may not appoint any agent to
operate under their authority. |
| (3) |
A standard form contract shall be first submitted to the Commission for
approval. If approved, it shall not be necessary to re-submit said standard
form of contract except as provided in sub-paragraph (a)(5) of this
rule. |
| (4) |
The carrier shall notify
the Commission in writing at least ten (10) days prior to termination of an
agency agreement by filing with the Commission a form entitled "NOTICE OF
TERMINATION." Such termination shall become effective on the date provided in
the notice unless the Commission notifies the carrier of its disapproval before
the effective date. |
| (5) |
No carrier
shall appoint an agent to represent it if such agent represents another
intrastate household goods carrier. |
| (6) |
No carrier shall be permitted to appoint
an agent for the purpose of transporting household goods in any county or
within a twenty (20) mile radius of a city, town or municipality in which it
already has an established office or warehouse, or agent. A carrier would not
be prohibited from itself performing specialized services in a locality where
it has an agent. If carrier establishes an office or warehouse in a location
where an agency has been established, the agency agreement must be
cancelled. |
| (7) |
A copy of the agency
contract must be maintained in each vehicle operated by agent under lease to
the carrier and a copy of the contract is to be maintained on file both in the
carrier's and agent's offices. |
| (8) |
Any vehicle operated under authority of the carrier shall be so identified with
the carrier's name and other information as required by the Commission. The
carrier shall purchase a vehicle registration in the carrier's name for each
vehicle leased to the carrier. |
| (9) |
It shall be the responsibility of the carrier to supervise and train all of its
agents and the agents' employees in relation to all of the applicable motor
carrier safety and hazardous material rules and regulations as may be required.
The carrier shall be responsible to see all the applicable rules and
regulations are complied with. |
| (10) |
Nothing shall restrict the right of a carrier to appoint agents for booking of
household goods only where the hauling of such goods is performed by the
carrier or its legally established hauling agents. |
| (11) |
Unless otherwise exempted by law,
carrier will be responsible to the public for any action of its agents, whether
known or unknown, which results in loss or damage to the customers goods, or
where overcharge is made. |
| (1) |
Every motor
common carrier engaged in the transportation of household goods in intrastate
transportation between points in the State of Georgia, including any such
carrier providing any accessorial service incidental to or part of such
intrastate transportation, shall include, and shall require each of its agents
to include, in every advertisement as defined in Transportation Rule
515-16-6-.05, the name of the motor carrier under whose operating authority the
advertised service will originate and the certificate number assigned to such
operating authority by the Commission. The name and certificate number must be
the same as designated on the certificate issued by the Commission. |
| (2) |
Any person, firm, or corporation who
knowingly and willfully issues, publishes, or affixes or causes or permits the
issuance, publishing, or affixing of any oral or written advertisement,
broadcast, or other holding out to the public, or any portion thereof, that the
person, firm, or corporation is in operation as a household goods carrier for
hire without having a valid certificate issued by the Commission is guilty of a
misdemeanor. Any fine or assessment imposed by the Commission pursuant to the
provisions of these Transportation Rules shall not bar criminal prosecution
pursuant to the provisions O.C.G.A. §§ 46-2-91,
46-2-92,
and 46-7-91. |
| (3) |
Any motor common
carrier conducting household goods operations between points in Georgia must
disclose in any advertisement for its services (whether on the Internet, in a
Yellow Pages advertisement, any other print or broadcast advertisement, a
brochure, or a flyer or handout) the exact physical location in Georgia of such
advertising carrier's physical office, warehouse, terminals and truck parking
lot and the number of the certificate issued by the Commission under which such
carrier is legally authorized to conduct the household goods operations
advertised. A post office box or commercial mail pickup station does not
qualify as a physical address. |
| (1) |
Unless otherwise provided, all motor
carriers of household goods shall issue to shippers a bill of lading in the
form prescribed, approved and accepted by the Commission. The uniform bill of
lading is to be issued in triplicate, and the carrier's copy of said bill of
lading shall be retained for a period of three years. |
| (2) |
The name of only one shipper, one
consignee and one destination shall be shown on one bill of lading. If there
are stop offs in transit for partial loading or unloading, the stop off
point(s) must also be listed. |
| (3) |
A
legible copy of the bill of lading must be carried on board the transport
vehicle during the time the shipment is in transit. |
| (4) |
A single shipment consists of one lot of
household goods received from one shipper, at one point, at one time, or for
one consignee at one destination and covered by one bill of lading. |
| (5) |
On shipments of household goods
transported under weight and distance rates, the bill of lading must show the
point of origin and destination of such shipment, mileage, weight, rate and
total freight charge. Any charges for storage, accessorial charges, special
services (third party services) or packing materials, shall be shown separately
on said bill of lading. |
| (6) |
On
shipments of household goods transported under hourly rates, the bill of lading
must show the point of origin and the destination point of such shipment, the
start and stop times of the move, the number of men and vans used, total number
of hours worked (less lunchtime and breaks), hourly rate and total freight
charge. Any accessorial charges, special services (third party services) or
packing materials shall be shown separately on said bill of lading. |
| (7) |
An addendum to the household goods
uniform bill of lading (Shipper Declaration of Value) which has been prescribed
by the Commission, must accompany the bill of lading. Said addendum is to be
executed by the shipper and carrier representative prior to the move. One copy
is to be given to shipper and one copy is to be retained at the office of the
carrier for a period of three years. |
All motor carriers of household goods shall issue to shippers
a copy of the Commission's public information pamphlet for household goods
shippers. The pamphlet shall be issued to each shipper prior to the move and
shall be provided free of charge. The pamphlet must be provided to the shippers
at the time of the first in person contact, or it must be provided to the
shipper by mail, e-mail, or facsimile (time allowing) if the move was arranged
and confirmed by mail, e-mail, or telephone and no in person contact has been
made prior to the day of the move. When the pamphlet is provided by hand
delivery, the delivering carrier personnel shall obtain either (1) a written
receipt from the customer for delivery of the pamphlet or (2) if the customer
is absent and a copy is left at the address of the customer, then carrier
personnel making such delivery shall sign a notation on a copy of the pamphlet
noting the date and time of delivery. When the pamphlet is provided
electronically (e.g., by e-mail or facsimile), the carrier must seek, print and
retain an electronic receipt as part of the move documentation file. When the
pamphlet is provided by mail, the carrier must obtain a return receipt for such
mailed copy. Contents of the pamphlet shall be prescribed by the Commission,
and a current copy of such pamphlet shall be maintained on the Commission's
website. A carrier's printing such pamphlet from the Commission's website and
providing the same in accordance with this Rule shall be sufficient; and a
carrier shall retain a copy of the receipt, notated pamphlet, electronic
receipt for e-mail or fax transmissions, return mail receipt or such other
proof of carrier delivery and/or customer receipt of such pamphlet in the move
file for each customer.
No carrier transporting household goods under a certificate
subject to the jurisdiction of this Commission shall issue or require a shipper
to sign a Waiver of Liability Form. The rights and responsibilities for both a
household goods carrier and a shipper are defined in the Commission's Rules,
and a shipper's rights cannot be otherwise abridged or modified. No Waiver of
Liability or Release of Liability form of any kind may be tendered to a
shipper. Use of such forms shall have no effect and any carrier that uses such
forms will be subject to a penalty.
Unless otherwise provided, household goods will not be
accepted for shipment if:
| (a) |
Articles
that are not in such condition, or enclosed in containers of such strength and
security, or so prepared for shipment, as to render the transportation thereof
by motor vehicle reasonably safe and practicable; |
| (b) |
Packages containing fragile articles or
articles in glass or earthenware must be marked "GLASS" "FRAGILE-HANDLE WITH
CARE," or with similar precautionary marks. |
| (c) |
Hazardous materials, when tendered for
transportation, must conform to the requirements of law and any applicable
regulations of the Georgia Department of Public Safety or they must be
refused. |
All charges must be prepaid or guaranteed on any shipment
which in the judgment of the carrier or its agent would not, at forced sale, be
worth the total amount of charges which would be due thereon at
destination.
No motor carrier transporting household goods in intrastate
commerce shall collect or require a shipper to pay any published freight
charges (including accessorial or terminal services) when a shipment is
completely or totally lost or destroyed in transit. A carrier shall collect and
the shipper would be required to pay any specific Valuation Charges that may be
due. This rule shall not apply to the extent that any such loss or destruction
is due to the act or omission of the shipper.
| (1) |
Motor carriers engaged in the
transportation of household goods may provide written estimates of the
approximate costs which will be assessed for the transportation of such
shipments. Estimates shall be reasonably accurate and shall be furnished
without charge and in writing to the shipper or other person responsible for
payment of the freight charges. All such estimates shall have clearly indicated
on the face thereof that the estimate is not binding on the carrier and that
the charges shown are the approximate charges which will be assessed for the
services identified in the estimate. The estimate must clearly describe the
shipment and all services to be provided. At the time of delivery of a collect
on delivery shipment, except when such shipment is being delivered to a
warehouse for storage at the request of the shipper, on which an estimate of
the approximate costs has been furnished by the carrier, the shipper may
request delivery of the shipment upon payment, in a form acceptable to the
carrier, an amount not exceeding 110% of the estimated charges. The carrier
shall, upon request of the shipper, relinquish possession of the shipment upon
payment of not more than 110% of the estimated charges and shall defer demand
for the payment of the balance of any remaining charges for a period of 30 days
following the date of delivery. |
| (2) |
This rule shall not apply on shipments being delivered to a warehouse for
storage at shipper's request. |
| (1) |
Carriers
transporting household goods shipments shall determine the weight of each
shipment transported under the Weight and Distance Section of their tariffs
prior to the assessment of any charges depending on the shipment weight. Except
as otherwise provided in this item the weight shall be obtained on a certified
scale designed for weighing motor vehicles, including trailers or semi-trailers
not attached to the tractor, and certified by an authorized scale inspection
and licensing authority. A certified scale may also be a platform or warehouse
type scale properly inspected and certified. |
| (2) |
Except as otherwise provided in this
rule, the weight of each shipment shall be obtained by determining the
difference between the tare weight of the vehicle on which the shipment is to
be loaded prior to the loading and the gross weight of this same vehicle after
the shipment is loaded; or, the gross weight of the vehicle with the shipment
loaded and the tare weight of the same vehicle after the shipment is
unloaded. |
| (3) |
At the time of both
weigh-ins the vehicle shall have installed or loaded all pads, dollies, hand
trucks, ramps and other equipment required in the transportation of such
shipments. Neither the driver nor any other persons shall be on the vehicle at
the time of either weighing. |
| (4) |
The fuel tanks on the vehicle shall be full at the time of each weighing or, in
the alternative, no fuel may be added between the two weigh-ins when the tare
weighing is the first weighing performed. |
| (5) |
The trailer of a tractor-trailer vehicle
combination may be detached from the tractor and the trailer weighed separately
at each weighing provided the length of the scale platform is adequate to
accommodate and support the entire trailer at one time. |
| (6) |
Shipments weighing 1,000 pounds or less
may be weighed on a certified platform or warehouse scale prior to loading for
transportation or subsequent to unloading. |
| (7) |
The net weight of shipments transported
in containers shall be the difference between the tare weight of the container,
including all pads, blocking and bracing used or to be used in the
transportation of the shipment and the gross weight of the container with the
shipments loaded therein. |
| (8) |
The
shipper or any other person responsible for payment of the freight charges
shall have the right to observe all weighing of the shipment. The carrier must
advise the shipper or any other person entitled to observe the weighing of the
time and specific location where each weighing will be performed and must give
that person a reasonable opportunity to be present to observe the weighing.
Waiver by a shipper of the right to observe any weighing or reweighing is
permitted and does not affect any rights of the shipper under these regulations
or otherwise. |
| (9) |
The carrier shall
obtain a separate weight ticket for each weighing required under this item
except when both weighs are performed on the same scale, one weight ticket may
be used to record both weighs. Every weight ticket must be signed by the person
performing the weighing and must contain the following minimum information:
| (a) |
The complete name and location of the
scale, |
| (b) |
The date of each
weighing, |
| (c) |
Identification of the
weight entries thereon as being the tare, gross and/or net weight, |
| (d) |
The company or carrier identification of
the vehicle, |
| (e) |
The last name of
the shipper as it appears on the bill of lading, and |
| (f) |
The carrier's shipment registration or
bill of lading number. |
|
| (10) |
The original weight ticket or tickets
relating to the determination of the weight of a shipment must be retained by
the carrier as part of the file on the shipment. All freight bills presented to
collect any shipment charges dependent on the weight transported must be
accompanied by true copies of all weight tickets obtained in the determination
of the shipment weight. |
| (11) |
Reweighing of shipments. Before the actual commencement of the unloading of a
shipment weighed at origin and after the shipper is informed of the billing
weight and total charges, the shipper may request a reweigh. The charges shall
be based on the reweigh weight. |
