Compilation of Rules and Regulations of the State of Georgia
Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY
Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION
Subject 570-38-3 - HOUSEHOLD GOODS CARRIERS
Rule 570-38-3-.05 - Limitations and Restrictions on Transportation of Household Goods and Ancillary Services

Universal Citation: GA Rules and Regs r 570-38-3-.05

Current through Rules and Regulations filed through September 23, 2024

(1) Packing and Inspection of Articles and Packages

(a) Except as otherwise provided by this paragraph, articles tendered for transportation must be in such condition and so prepared for shipment by the customer or the customer's agent as to comply with the requirements and limitations of these Rules and as to render transportation thereof reasonably safe and practicable.

(b) Except where otherwise provided by law or these Rules or to the extent a carrier and customer have otherwise agreed, customers shall be responsible for preparing and packing all small household goods of less than one cubic foot displacement into boxes, packages, cartons, or other containers of sufficient size and strength to make loading, transportation, and unloading of such goods and containers reasonably safe and practicable. Customers who have prepared and/or packed articles for transportation or arranged for a person or entity other than the carrier providing transportation in accordance with these Rules to prepare and/or pack articles for transportation shall cause boxes, packages, or cartons to be properly identified and marked with the general contents when such contents are not otherwise readily apparent.

(c) Articles that are required to be prepared and packed in a container shall be securely enclosed in such container by the person(s) preparing and packing the container so that no ends or other parts protrude and in a manner that will provide reasonable protection from damage to or loss of such articles.

(d) Subparagraph (a) of this paragraph notwithstanding, a household goods carrier may offer to prepare and pack a customer's articles for transportation and may charge a customer for such service in accordance with the Department's maximum rate tariff. A household goods carrier may also provide and sell to customers packaging materials and shipping containers in accordance with the Department's maximum rate tariff. Shipping containers offered for sale in accordance with this Rule shall be marked with the dimensions and capacity of the container, shall be clean and in good condition for transportation, and shall be of sufficient strength for their intended purpose with a bursting strength of no less than 200 pound test.

(e) When a household goods carrier or its authorized representative determine that it is necessary to inspect an article or the contents of any article said carrier has been requested to transport in order to determine the nature of such article or the contents of such article, the carrier shall be entitled to conduct such inspection prior to transporting the article in question. In the event such inspection is not possible or feasible, the carrier may require that other evidence be provided which demonstrates the actual character of the article or contents of the article in question. A carrier shall not be required to transport or perform any services relating to an article for which a requested inspection cannot be performed or is refused or for which insufficient evidence demonstrating the actual character of the article or contents of the article in question is provided.

(f) Unless otherwise provided by law, these Rules, or the agreement of the customer and the carrier, a carrier is not obligated to transport any articles that the customer was obligated to prepare or pack for transportation if said customer has not properly prepared or packed such articles in a manner that will provide reasonable protection for such articles from damage or loss and provide for reasonably safe transportation of such articles.

(2) Transportation of Goods Likely to Cause Damage

Notwithstanding the requirements of Rule 570-38-3-.03 and any duty established thereby,

(a) No household goods carrier shall be required to accept for shipment any articles which are reasonably likely to damage the carrier's equipment or other property;

(b) No household goods carrier shall be required to perform pickup or delivery or render any services at a place or places from or to which it is impracticable to operate vehicles because of the condition of roads, streets, driveways, alleys, or approaches thereto, inadequate loading or unloading facilities, or any other reason not caused by the action or inaction of the carrier; and

(c) No household goods carrier shall accept for shipment any articles which cannot be removed from the premises at which they are located without damage to the articles or the premises.

(3) Impossible or Impractical Delivery; Delivery Contingent Upon Payment

(a) A carrier shall make reasonable efforts to ascertain the characteristics and accessibility of each point of origin, delivery location, and the articles comprising a shipment to determine the possibility, practicability, and labor required for loading, transportation, and unloading of such articles. Such efforts shall be made prior to providing an estimate or bill of lading to a customer and prior to performing any transportation or ancillary services. A carrier that fails to make such efforts but nevertheless provides transportation or ancillary services to a customer shall not be entitled to charge a customer for any ancillary services in accordance with this paragraph but shall be obligated to complete loading, transportation, and unloading of the customer's shipment as agreed and without additional charge to the extent such loading, transportation, and unloading is possible. To the extent such loading, transportation, and unloading is not possible, the carrier may take other actions in accordance with subparagraphs (b) and (c) of this paragraph, but shall not be entitled to charge a customer for any such actions taken or services provided.

(b) In the event a household goods carrier determines after complying with its duty under subparagraph (a) of this paragraph or arrives at a point of origin and determines that loading of some or all of the articles of the shipment directly from the point of origin to the transporting vehicle is physically impractical, impossible, or will require additional labor due to inaccessibility of the building, its structure, the nature of an article or articles included with the shipment, the carrier may:

1. Decline to load those articles for which loading is impossible or impractical and otherwise complete loading as agreed;

2. Decline to provide or reschedule transportation or ancillary services, in which case the customer shall be refunded for any services not utilized;

3. If (1) the carrier has complied with subparagraph (a) of this paragraph; (2) the carrier is capable of doing so; and (3) the customer so agrees, load the affected articles by ancillary means, in which case the carrier will be authorized to charge the customer for any such ancillary services in accordance with these Rules and the Department's maximum rate tariff.

4. Resolve the matter by any other agreement mutually acceptable to the carrier and the customer.

(c) In the event a household goods carrier determines after complying with its duty under subparagraph (a) of this paragraph or transports a shipment to a destination address in accordance with these Rules and determines that delivery of some or all of the articles of the shipment directly from the transporting vehicle to the destination is physically impractical, impossible, or will require additional labor due to inaccessibility of the building, its structure, the nature of an article or articles included with the shipment, the carrier may:

1. Deliver the portion of the shipment for which delivery is physically impractical or impossible to its warehouse or the warehouse of a designee in accordance with the provisions of Rule 570-38-3-.10;

2. Deliver the portion of the shipment for which delivery is physically impractical or impossible to the nearest point of approach to the customer's desired location; or

3. If (1) the carrier has complied with subparagraph (a) of this paragraph; (2) the carrier is capable of doing so; and (3) the customer so agrees, complete delivery to the desired location by ancillary means from the transporting vehicle to the customer's desired location, in which case the carrier will be authorized to charge the customer for any such ancillary delivery and services in accordance with these Rules and the Department's maximum rate tariff.

4. Resolve the matter by any other agreement mutually acceptable to the carrier and the customer.

(d) In the event a household goods carrier transports a shipment to a destination address in accordance with these Rules and determines that a customer is unable or unwilling to pay or arrange for payment in accordance with the requirements of these Rules before the carrier completes delivery or relinquishes possession of the articles it transported, the carrier may take the actions described in paragraph (2) of Rule 570-38-3-.15.

(4) Hoisting Service

For the purposes of this paragraph, the term "hoisting service" means a service by which a load is lifted and/or lowered by means of a drum or lift-wheel around which one or more ropes, chains, cables, or similar instrumentalities are wrapped, regardless of the means by which such device is operated. The following regulations shall apply with respect to hoisting services:

(a) A household goods carrier shall only perform hoisting service if the carrier possesses necessary equipment and personnel and conditions are such to properly perform such service without reasonable likelihood of causing damage to any property or endangering the health or safety of any person.

(b) In the event the customer of a household goods carrier requests hoisting service but the carrier does not possess the necessary equipment or personnel for such service, the carrier may arrange for qualified hoisting service at the customer's expense if it is available. In such circumstances the carrier may advance the amount necessary to perform the hoisting service, which the customer shall reimburse to the carrier upon proof of payment by the carrier. The carrier shall not be responsible for damage to the property of the customer caused by the use of a third-party hoisting service utilized in conjunction with this subparagraph.

(c) If some or all of a customer's articles requires a hoisting service for delivery, but the transporting household goods carrier cannot perform a hoisting service in accordance with this Rule and cannot arrange for qualified hoisting service at the customer's expense, the carrier may deliver the articles in accordance with the rules for impossible or impractical delivery established in paragraph (2) of this Rule.

(5) Frozen or Refrigerated Goods

A household goods carrier shall not accept for transportation any articles which are required to be frozen or refrigerated while being transported unless

(a) The articles are contained in a container which is capable of keeping the articles at the required temperature for the duration of the services to be performed;

(b) The articles are being transported no more than 150 miles;

(d) No preliminary or enroute servicing by use of dry ice, electricity, or other preservative method by the carrier is required.

(6) Fragile Articles / Articles with Fragile Surfaces

(a) Subject to subparagraph (b) of this paragraph, a customer shall fully protect by boxing, crating, or wrapping articles which are unusually fragile, including but not limited to show cases, wall cases, canoes, works of art, scenery, lighting fixtures, linoleums, statuary, marble slabs, mirrors, glass tops, pictures, paintings, models, antiques, and other similar articles which are easily broken or damaged, or articles upholstered or covered with material or fabric of a delicate nature or color, or other articles with delicate finishes which are easily soiled, torn, or damaged prior to providing such articles to a household goods carrier for transportation or ancillary services, provide, however, that a household goods carrier may offer to protect such articles at the customers expense and at rates not exceeding those provided in the Department's maximum rate tariff.

(b) Subparagraph (a) of this paragraph notwithstanding, a carrier shall wrap, cover, or otherwise protect from damage articles have surfaces that are liable to damage by scratching, marring, or chafing but are of sufficient strength that a carrier can pack other articles against or on top of such articles in a reasonably safe and practicable manner. Such wrapping, covering, or protection shall be provided using furniture pads, covers, burlaps, or other wrappers that are provided by the carrier and a part of the carrier's regular equipment, and shall be included at no additional cost to the customer in the rates for transportation provided by the Department's maximum rate tariff.

(7) Musical Instruments

Musical instruments that require more protection during transportation than the level afforded by the carrier's normal equipment in accordance with subparagraph (6)(b) of this Rule must be packed by the customer in the instrument's designed case or other adequate container that provides reasonable protection for the purposes of transportation.

(8) Mechanical Equipment

Except to the extent otherwise agreed by the customer and household goods carrier, mechanical equipment and other articles of a similar nature including but not limited to appliances, stereo equipment, electronics, power tools, and any other articles the surface of which can be reasonably protected by the carrier's regular equipment in accordance with subparagraph (6)(b) of this Rule must have all motors, mechanical parts, loose accessories and ornamentation securely fastened, bolted, or tied down by the customer in a manner that can reasonably be expected to prevent loss, damage, or impairment of functions while being transported or handled by the carrier.

(9) Delivery to a Warehouse or Storage Facility by Customer Request

A customer may request that a carrier deliver articles to a warehouse or storage facility. In such instances:

(a) The location of the warehouse or storage facility shall be considered the destination, and the customer or carrier shall designate that location as the destination on the bill of lading and freight bill as required;

(b) The articles shall be stored at the warehouse or storage facility in the name of the customer subject to a lien for transportation charges and other charges authorized by the Department's maximum rate tariff;

(c) The carrier may supply containers, cartons, pads, and other materials for the customer's use for the articles in storage at costs not to exceed those provided by the Department's maximum rate tariffs; and

(d) In accordance with Rule 570-38-3-.17(9), the carrier's liability with respect to such articles shall cease upon the unloading of the articles at the warehouse or storage facility.

(10) Third-Party Services Ordered by Carrier at Specific Request of Customer

A carrier shall, at the specific written request of its customer, make reasonable attempts to arrange from a third party for any services that said carrier is incapable of providing or prohibited from providing but which are necessary for the satisfactory completion of a shipment the carrier has been contracted to provide. In such circumstances,

(a) The customer shall be responsible for actual charges assessed for any such service to the extent the customer directs the carrier to obtain such service from a third party and the carrier does so arrange;

(b) The carrier shall not be responsible for the quality of products furnished, services performed, or damages to property or premises as a result of engaging any such third party; and

(c) The carrier shall be deemed to be acting specifically as an agent only of the customer to the extent that the customer orders services from a third party in accordance with this paragraph.

O.C.G.A. §§ 40-1-54; 40-1-101; 40-1-129.

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