SOUTHWEST TRAFFIC SERVICES
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There are documented instances of moving companies having no insurance and authority and after loading the families furniture and belongings, neither the mover nor its contents were ever seen again. You might want to take pictures of the vehicles including the license plates. After all, the mover has everything you own.
You should talk to your mover if you have further questions. The mover will also furnish you with a pamphlet describing its procedure for handling your questions and complaints. The pamphlet includes a telephone number you can call to obtain additional information about your move. The next thing you should do is to call the Federal Highway Administration, 202-927-5604, and find out if the carrier has household good authority and insurance. You might call the Department of Transportation (DOT) and find out what their safety ratings is. An unsatisfactory safety rating could mean that their trucks are in desperate need of repair.
YOUR RIGHTS AND RESPONSIBILITIES WHEN YOU MOVE... The Federal Highway Administration (FHWA) regulations protect consumers on interstate moves and define the rights and responsibilities of consumers and movers. If, after discussing your move with the mover, you still need information or assistance, you may obtain help from the Federal Highway Administration by calling (415) 744-3088 or (909) 653-2299.
ESTIMATES Although the ICC cannot require that moving companies give estimates, most movers do provide estimates when requested. There are two types of estimates, binding and non-binding.
If you agree to a binding estimate, you are responsible for paying the charges by cash, certified check, or money order at time of delivery unless the mover agrees before you move to extend credit or to accept payment by charge card. If you are unable to pay the amount required at the time the shipment is delivered, the mover may place your shipment in storage at your expense until the charges are paid
NON-BINDING ESTIMATES OF APPROXIMATE COST The mover is not permitted to charge for giving a non-binding estimate. A non-binding estimate does not bind the mover. When you receive a non-binding estimate there is no guarantee that the final cost will not be more than the estimate. Non-binding estimates must be in writing and clearly describe the shipment and all services provided. Any time a mover provides such an estimate it is required that the amount of the charges estimated must be entered on the order for service and bill of lading relating to your shipment.
If you are given a non-binding estimate, do not sign or accept the order for service or bill of lading unless the amount estimated is entered on each form when prepared by the mover. If you are given a non-binding estimate, the mover cannot require you to pay more than the amount of the original estimate plus 10 percent, at time of delivery. You will then have at least 30 days after the date of delivery to pay any remaining charges. If you request the mover to provide more services than those included in the estimate, the mover may demand full payment for those added services at time of delivery.
ORDER FOR SERVICE Moving companies are required to prepare an order for service on every shipment transported for an individual shipper. You are entitled to a copy of the order for service when it is prepared. The order for service is not a contract. Should your move be canceled or delayed or if you decide not to use the services of the mover, you should promptly cancel the move. Should there be any change in the dates on which you and the mover agreed that your shipment will be picked up and delivered, or any change in the nonbinding estimate, the mover may prepare a written change to the order for service. The written change should be attached to the order for service.
BILL OF LADING CONTRACT The bill of lading is the contract between you and the mover. The mover is required by law to prepare a bill of lading for every shipment it transports. The information on the 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 loading your furniture. You must also sign the bill of lading. It is your responsibility to read 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 that the bill of lading shows what service you want. The bill of lading requires the mover to provide the service you have requested, and you must pay the mover the charges for the service. 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.
INVENTORY At the time the mover's driver loads your shipment he or she, although not required to do so, usually inventories your shipment listing any damage or unusual wear. The purpose of this is to make a record of the condition of each item. If the driver does not make an inventory you should make one yourself. After completing the inventory, the driver will usually sign each page and ask you to sign each page. It is important before signing that you make sure that the inventory lists every item in your shipment and that the 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. The driver will give you a coy of each page of the inventory. Attach the complete inventory to your copy of the bill of lading. It is your receipt for the goods. At the time your shipment is delivered, it is your responsibility to check the items delivered against the items listed on your inventory. The driver usually places a small numbered tag on each item as the inventory is prepared. The number should correspond to the numbered items on the inventory form and facilitate checking off the items as they are brought into your new residence.
Check each item for damage that did not exist when the shipment was loaded. If new damage is discovered, make a record of it in the space provided on the inventory form. Be sure to call the damage to the attention of the driver and request that a record of the damage be made on the driver's copy of the inventory. After the complete shipment is unloaded, the driver will request that you sign the driver's copy of the inventory to show that you received the items listed. Do not sign the inventory until you have assured yourself that it is accurate and that proper notations have been entered on the form regarding any missing or damaged items. When you sign the inventory at the time of unloading, you are giving the driver a receipt for your goods.
WEIGHT SHIPMENTS SUBJECT TO MINIMUM WEIGHT OR VOLUME CHARGES Movers usually have a minimum weight or volume charge for transporting a shipment. Usually the minimum is the charge for transporting a shipment of at least 500 pounds. If your shipment appears to weigh less than the mover's minimum weight, the mover is required to advise you on the order for service of the minimum cost before agreeing to transport the shipment. Should the mover fail to advise you of the minimum charges and your shipment is less than the minimum weight, the final charges must be based on the actual weight instead of the minimum weight.
DETERMINING THE WEIGHT OF YOUR SHIPMENT If charges are to be based upon weight of the shipment, the mover is required to weigh the shipment. Unless your shipment weighs less than 1,000 pounds and can be weighed on a warehouse platform scale, the mover is required to determine the weight of your shipment by one of the following processes.
Each time a weighing is performed the driver is required to obtain a weight ticket showing the date and place of weighing and the weight obtained. The ticket must also have your name and shipment number entered on it along with the I.D. numbers of the truck. The ticket must be signed by the person who performed the weighing. If both the empty (tare) and loaded (gross )weighings are performed on the same scale, the record of both weighings may be entered on one weight ticket. At the time the mover gives you the freight bill to collect the charges, a copy of every weight ticket relating to your shipment must accompany your copy of the freight bill. You have the right to observe every weighing. The mover is required to inform you of the specific location of each scale that will be used and to allow you a reasonable opportunity to be present. If you desire to observe either or both of the weighings, you should tell the mover at the time the order for service is prepared or, in any event, before the day of your more. This will enable the mover to contact you before the weighing to advise you of the location of the scale.
WEIGHING OF SHIPMENTS If your shipment is weighed at origin and you agree with the mover that you will pay the charges at time of delivery, the mover is required to give you written notice of the weight and charges on your shipment before commencing to unload at your destination residence. If you believe that the weight is not accurate, you have the right to request that the shipment be re-weighed before unloading. The mover is not permitted to charge for the re-weighing. If the weight of your shipment at the time of the re-weigh is different from the weight determined at origin, the mover must recompile the charges based on the re-weigh weight.
NOTIFICATION OF CHARGES You must advise the mover at the time you make the arrangements for the move if you wish to be notified of the weight or volume and charges on your shipment. You are required to give the mover a telephone number or address at which the notification will be received. The mover must notify you of the charges at least one 24hour weekday prior to the delivery, unless the shipment is to be delivered the day after the pickup. The 24-hour requirement does not apply when you obtain an estimate of the costs prior to the move or when the shipment is to be weighed at the destination.
RECEIPT FOR DELIVERY OF THE SHIPMENT At the time of delivery, the mover expects you to sign a receipt for your shipment. This is usually accomplished by having you sign each page of the mover's copy of the inventory. Movers are prohibited from having you to sign a receipt which relieves the mover from all liability for loss or damage to the shipment. Do not sign any receipt which does not provide that you are signing for your shipment in apparent good condition except as noted on the shipping documents.
THE MOVER'S LIABILITY FOR LOSS OR DAMAGE All moving companies are required to assume liability for the value of goods which they transport. However, there are different levels of liability, and consumers should be aware of the amount of protection provided and the charges for each plan. First, unless you make specific arrangements otherwise, the mover is required to assume liability for the entire shipment at an amount equal to $1.25 per pound times the weight of your shipment (ICC Plan). For example, if your shipment weighs 4,000 pounds, the mover will be liable to you for loss or damage up to $5,000. Though you have made no specific arrangements for this plan, the mover is entitled to charge you $5.00 for each $1,000 of liability. Under this arrangement, if you shipped a 10 pound painting valued at $1,000 in your 4,000 pound shipment, you could collect for the full value of the painting if it was lost or damaged. Under this plan, your valuables are somewhat protected, but you pay for it.
Next, if the value of your shipment exceeds $1,25 per pound, you may obtain additional liability protection from the mover. You do this by declaring a specific dollar value for your shipment. The amount you declare must exceed $1.25 per pound times the weight of the shipment. Ifyou declare that your 4,000 pound shipment is worth $10,000, the mover will charge you $5.00 for each $1,000 of declared value, which in this case would result in a charge of $50.00. If you ship articles that are unusually expensive, such as art or antiques, be sure to declare their full value in the declaration of a specific amount. You must do this in writing.
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 papers. An article of extraordinary value is any item whose value exceeds $100 per pound, per article. Your mover will provide you with a complete explanation of this limitation before your move. It is your responsibility to study this provision carefully and to make the necessary declaration.
The least amount of liability a mover can assume when transporting your goods is called the "released value." Movers publish what are known as released value rates. Under such rates, the mover assumes liability for not more than 60 cents per pound, per article. Under this arrangement, if that 10 pound painting which was described in the previous example was lost or damaged and you had agreed to a released value shipment, the mover would be liable for not more than $6.00. Obviously, the consumer should think carefully before agreeing to such an agreement. There is no extra charge for this minimal protection, but you must sign a specific statement on the bill of lading agreeing to it.
Remember that unless you do sign such an agreement, the mover is liable for $1.25 per pound, and can charge you for it. Many movers offer their own added-value protection plans that differ in many respects from the FHWA Plan. You should ask your mover for specific details of how these plans operate and how much they will cost before selecting the one for your choice.
The mover pays for loss or damage in each of the three forms of liability described above. These are not insurance agreements. An additional option for the consumer is to agree to the released value transportation and obtain insurance directly from the moving company or from an insurance company. Your mover can sell you or procure for you liability insurance in the amount you require if your lease your shipment for transportation at a value of 60 cents per pound per article.
In the event of loss or damage which is the responsibility of the mover, the mover would be liable only for an amount not exceeding 60 cents per pound per article, and the balance of the loss would be recoverable from the insurance company up to the amount of insurance purchased. The mover's representative can advise you of the availability of such liability insurance and the cost per $1,000 of coverage. If you purchase liability insurance from or through the mover, it is required that the mover 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, it becomes fully liable for any claim for loss or damage attributed to its negligence.
COMPLAINTS AND INQUIRIES ABOUT THE MOVER'S SERVICE All movers are expected to respond promptly to complaints or inquiries from their customers. Should you have a complaint or question about your move, you should first attempt to obtain a satisfactory response from the mover's local agent, the sales representative who handled the arrangements for your move, or the driver assigned to your shipment. If for any reason you are unable to obtain a satisfactory response from one of these persons, you should then contact the mover's principal office.
When you make such a call, be sure to have available your copies of all the documents relating to the move. Particularly important is the number assigned to your shipment by the mover. If you do not receive a satisfactory answer, you may contact the Federal Highway Administration's office nearest you. Anytime you contact the FHWA regarding your shipment, please have available the name of the mover and the number assigned to your shipment. All interstate moving companies are required to maintain a complaint and inquiry procedure to assist their customers. At the time you make the arrangements for your move, you should ask the mover's representative for a description of the mover's procedure, the telephone number to be used to contact the carrier and whether the mover will pay for such telephone calls.
PAYMENT OF THE TRANSPORTATION CHARGES At the time of payment of transportation charges, the mover is required to 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; however, some movers use an entirely separate document for the purpose. Except in those instances where a shipment is moving on a binding estimate, the freight bill must specifically identify each service performed, the rate per unit for each service, and the total charges for each service. Do not accept or pay a freight bill which does not contain this information.
If your shipment was transported on a collect on delivery basis (COD), you will be expected to pay the total charges appearing on the freight bill at the time of delivery unless the mover provided a nonbinding estimate of approximate cost and the total charges for the service included in the estimate exceed 110 percent of the estimated charges. It is customary for movers to provide in their tariffs that freight charges must be paid in cash, by certified check, or money order. When this requirement exists, the mover will not accept personal checks. At the time you make arrangements for your move, you should ask the mover about the form of payment that is acceptable. Some movers permit payment of freight charges by use of a charge card. However, do not assume that because you have a nationally recognized charge or credit card that it will be acceptable for payment. Ask the mover at the time the arrangements are made.
If you do not pay the transportation charges at the time of delivery the mover has the right under the bill of lading to refuse to give you your goods. The mover may place them in storage at your expense until the charges are paid. If, before payment of the transportation charges, you discover an error in the charges, you should attempt to correct the error with the driver, the mover's agent, or by contacting the mover's main office. If an error is discovered after payment, you should write the mover (the address will be on the freight bill) explaining the error and request a refund.
FILING OF CLAIMS FOR LOSS AND DAMAGE OR DELAY DISPUTE RESOLUTION PROGRAMS Should your move result in the loss or damage to any of your property, you have the right to file a claim with the mover to recover money for such loss or damage. You have nine months following either the date of delivery or the date on which the shipment should have been delivered to file a claim. However, you should file a claim as soon as possible. If you fail to file a claim within 120 days following delivery and late later bring a legal action against the mover to recover the damages, you may not be able to recover your attorney fees even though you win the court action. While the Interstate Commerce Commission maintains regulations governing the processing of loss and damage claims, it cannot resolve those claims. If you cannot settle the claim with the mover you may file a civil action to recover in court. In this connection, you may obtain the name and address of the mover s agent for service of legal process in your state by contacting the applicable FHWA regional office. For the Western states, the phone number is 415-744-3088. If the mover participates in a dispute resolution program, you may find submitting your claim to arbitration under such a program a less expensive and more convenient way to seek recovery. Movers which participate in a dispute resolution program are required to advise all shippers of the existence and details of the program before they accept a shipment to be transported.. If the mover does not provide information about a dispute resolution program at the time an order for service is prepared, you should ask whether the mover participates in such a program.
| General public information: | (202) 366-0665 | Physical waivers, drug/alcohol testing: | (800) 832-5660 | Safety ratings, DOT numbers: | (703) 534-8639 | Insurance information: | (202) 927-5520 | Household goods: | (202) 927-5528 | Licensing information: | (202) 927-5630 | Loss and damage claims: | (909) 653-2299 | New licensing requests: | (202) 927-5604 | Owner-operators: | (215) 596-4040 |
| Lumping: | (202) 927-5540 | Property brokers: | (202) 927-5523 | Mexican carriers: | (202) 927-5327 |
| Region 1 | Albany, NY | (518) 431-0127 | Region 2 | Baltimore, MD | (410) 962-4571 | Region 4 | Atlanta, GA | (404) 347-4049 | Region 5 | Olympia Fields, IL | (708) 283-3577 | Region 6 | Ft Worth, TX | (817) 334-3225 | Region 7 | Kansas City, MO | (816) 276-2760 | Region 8 | Lakewood, CO | (303) 969-6744 | Region 9 | San Francisco, CA | (415) 744-3088 | Region 10 | Portland, OR | (503) 326-4902 |
1166 Wotan Drive
Encinitas, California
92024-4057
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