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-.07 - Rules Pertaining to Application of Maximum Rate Tariff
Universal Citation: GA Rules and Regs r 570-38-3-.07
Current through Rules and Regulations filed through September 23, 2024
Household goods carriers subject to the Department's Maximum Rate Tariff ("tariff") shall be subject to the following rules:
(1) Method for Determining Distances Relating to Rates or Fares
(a) To the extent the tariff contains rates based upon travelled or projected mileage, the applicable distance used to calculate charges based upon that rate shall be determined by use of any of the following sources:
1. Google Maps or a similar internet-based mapping service which provides the shortest driving directions;
2. Rand McNally mileage & routing software or a similar mileage and routing software for motor carriers which provides the shortest driving directions for commercial motor vehicle operators; or
3. Upon written approval from the Department, any other source when the methods provided in subparagraphs (1) and (2) are not available or not feasible for use.
(b) When, at the specific request of a customer, a carrier travels a route that results in mileage that exceeds that calculated under subparagraph (a) of this paragraph, said carrier may use the actual mileage travelled to calculate charges based upon actual or projected mileage. In addition, such carrier may add up to a 10% surcharge to such rate if the transportation of the shipment could have been accomplished over a shorter distance without unreasonable risk of damage or loss to the customer's or other property and use of such shorter route was otherwise feasible.
(2) Disposition of Fractions of Cents and Hours
(a) When application of the tariff will result in a charge to a customer which includes a fraction or portion of one cent, that fraction or portion of a cent shall be rounded down to the nearest cent if it is less than one half of a cent or up to the nearest cent if it is one half of a cent or more.
(b) When calculating rates and charges based upon time, the following rules shall apply to periods of time less than an hour to which rates and charges are to be calculated:
1. Actual time spent of 15 minutes or less shall be charged as one-quarter of an hour;
2. Actual time spent of more than 15 minutes but no more than 30 minutes shall be charged as one half of an hour;
3. Actual time spent of more than 30 minutes but no more than 45 minutes shall be charged as three quarters of an hour; and
4. Actual time spent of more than 45 minutes but less than 60 minutes shall be charged as one hour.
(3) Determining Charges Based Upon Hourly Rates for Transportation
(a) Except as provided in subparagraph (b) of this Rule, the time charged in accordance with the hourly rates for transportation shall begin with the arrival of the vehicle(s) and personnel at the designated origin or pick-up location and shall end with the completion of all of the carrier's services at the final destination or drop-off point.
(b) A carrier charging a customer in accordance with the Department's hourly rates for transportation shall be entitled to charge a customer for up to one hour of travel time to a service location at a rate not to exceed the applicable hourly rate for transportation established in the Department's maximum rate tariff.
(c) A carrier who communicates to a customer that a certain number of vehicles and personnel will be used to perform transportation and services relating to a shipment shall not be entitled to charge a customer at rates corresponding to a larger number of vehicles or personnel unless the carrier receives written authorization to do so from the customer prior to the commencement of services and/or transportation at the increased rate(s).
(d) Household goods carriers subject to this Chapter which are utilizing the hourly rates for transportation in the Department's maximum rate tariff are authorized to require customers to commit to a minimum of two hours of services governed by such hourly rates on non-holiday weekdays and a minimum of three hours of services governed by such rates on weekends and state or federal holidays.
(e) Rates for ancillary non-transportation services performed by a carrier at the request of a customer shall not exceed the hourly rates for transportation described in the Department's maximum rate tariff if the transportation of the shipment involved is also governed by those rates.
(4) Minimum Weight When Utilizing Weight and Distance Rates
Except as otherwise provided by law or in these Rules, a household goods carrier transporting any shipment of household goods weighing less than 1,000 pounds is authorized to use a constructive shipment weight of up to 1,000 pounds for the purposes of calculating charges for said shipment using the weight and distance tariff rates.
(5) Determining Weight of Household Goods for Transportation
(a) To the extent that a household goods carrier is required to determine the weight of articles in order to apply a rate or charge a customer in accordance with the Department's maximum rate tariff, the following procedure shall be used by the carrier:
1. A tare weight of the vehicle(s) which will transport the articles in question shall be calculated by having the vehicle weighed prior to the transportation or loading onto the vehicle of the articles. The vehicle(s) shall be weighed while unoccupied, with a full gasoline tank or as close to a full tank as possible. In accordance with subparagraph (e) of this Rule, tare weights shall include the weight of any articles being transported during the same trip that do not belong to the customer for whom a net weight is being calculated.
2. After the vehicle has been loaded with the customer's articles, a gross vehicle weight shall be determined by weighing the vehicle(s) again prior to delivery of the articles.
3. The net weight of the articles shall be determined by subtracting the tare weight from the gross weight. This net weight shall be used for the purposes of applying rates and charges based upon the weight of the customer's articles.
(b) Vehicles weighed for the purposes of determining their tare weight or gross weight shall contain all blankets, pads, chains, dollies, hand trucks, and other equipment needed for the transportation and services contracted by the customer. Such vehicles shall be weighed by a certified weigh-master or weight inspector on a certified scale.
(c) If no scale conforming to the requirements of this Rule is available at the point of origin where articles are to be loaded upon a household goods carrier's vehicle for transportation or within a 10-mile radius of such point, a constructive net weight may be used for the purposes of determining the weight of the household goods. Such weight shall be calculated at a rate of seven pounds per cubic foot of properly loaded space.
(d) The gross weight, tare weight, and net weight or constructive net weight of articles transported shall be shown upon the Bill of Lading and Freight Bill pertaining to the transported articles whenever such weights are relevant to the rates or charges applied. All tare, gross, actual net weights, and constructive net weights shall be properly certified to by the person or persons who ascertained such weights. Except in circumstances in which a carrier is authorized to utilize a constructive weight for a customer's articles, a carrier must obtain a weight ticket which attests to the tare and gross weight used to calculate the weight of a customer's articles and such weight ticket must accompany the Bill of Lading and Freight Bill pertaining to those goods.
(e) As provided for in paragraph (4) of this Rule, a household goods motor carrier transporting any shipment of household goods weighing less than 1,000 pounds is authorized to use a constructive shipment weight of up to 1,000 pounds for the purposes of calculating charges for said shipment using the weight and distance tariff rates.
(f) Notwithstanding the other requirements of this paragraph, if a household goods carrier estimates that a customer's articles to be transported by a vehicle do not exceed 1,000 pounds, the net weight of those articles may be determined by weighing them independently on a scale that complies with the requirements of this paragraph.
(g) Notwithstanding the other requirements of this Rule, a household goods carrier shall include the weight of any articles not belonging to a particular customer in the tare weight of the vehicle when calculating the net weight of that customer's articles in any instance in which a vehicle used by a household goods carrier will carry the articles of more than one customer during a trip.
(h) Notwithstanding the other requirement of this paragraph, a carrier is authorized to utilize a constructive weight for a customer's articles as provided in paragraph (6) of this Rule under the circumstances described therein for the purposes of calculating charges for a shipment using the weight and distance tariff rates.
(i) A customer may request that one re-measurement each of a vehicle's tare and/or gross weight be taken in the customer's presence and at the customer's expense in accordance with the Department's maximum rate tariff. Such request must be made prior to delivery of the customer's shipment. Following re-weighing, the lowest calculable net weight shall be used for the purposes of applying rates and charges based upon the weight of the customer's articles. If, after re-measurement, the original net weight is still the lowest calculable net weight, or if the difference between the original and lowest calculable net weight is less than 500 pounds for shipments with a net weight of 5,000 pounds or less or 2% or less for shipments with a net weight of more than 5,000 pounds, the carrier shall be authorized to charge the customer a reweighing charge in accordance with the Department's maximum rate tariff.
(6) Display of Vehicle Cargo Space; Constructive Shipment Weights for Fully Occupied or Reserved Vehicles and Space
(a) Carriers regulated by this Subchapter shall display in clearly legible text on each side of any vehicle used by the carrier for the purposes of transporting household goods the number of cubic feet of storage space available in or on the vehicle for the purpose of transporting household goods.
(b) A carrier may accept a shipment for transportation from a customer which, when properly loaded, occupies the entire storage space of a vehicle or which otherwise prevents the transportation of other customers' articles on the same vehicle. In such instances, the carrier is authorized - but not required - to utilize a constructive weight of seven pounds per cubic foot of available vehicle storage space for the purposes of calculating charges for said shipment using the weight and distance tariff rates.
(c) A carrier may accept a request or order from a customer for exclusive use of a vehicle of a specific or minimum cubic capacity for transportation of household goods. In such instances:
1. The carrier is authorized - but not required - to utilize a constructive weight of seven pounds per cubic foot of available vehicle storage space for the purposes of calculating charges using the weight and distance tariff rates;
2. If the capacity of the ordered vehicle 1,000 cubic feet or less, the carrier is authorized but not required to utilize a constructive weight of 7,000 pounds for the purposes of calculating charges using the weight and distance tariff rates; and
3. If, at the time for loading the shipment in question, the carrier does not have available a vehicle of the capacity ordered by the customer, the carrier may substitute a vehicle or vehicles of an equivalent or greater capacity but may not utilize a larger capacity for the purposes of calculating a constructive weight than that originally ordered by the customer.
(d) A carrier may accept a request or order from a customer for exclusive use of a portion of the capacity of a vehicle for the purposes of transporting household goods. Such requests or orders may be made in units of 100 cubic feet. In such instances,
1. The carrier is authorized - but not required - to utilize a constructive weight of 700 pounds per 100 cubic feet of space ordered for the purposes of calculating charges using the weight and distance tariff rates; and
2. If the capacity of the space ordered is 300 cubic feet or less, the carrier is authorized but not required to utilize a constructive weight of 2,100 pounds for the purposes of calculating charges using the weight and distance tariff rates.
(e) A carrier utilizing any of the constructive weights described in this paragraph shall be required to clearly notate on the bill of lading and freight bill the following:
1. That a constructive shipment weight was used in the calculation of charges;
2. That the use of a constructive shipment weight was authorized based upon the complete occupancy of a vehicle / vehicles as described in subparagraph (b) of this paragraph; the exclusive use of a vehicle / vehicles as described in subparagraph (c) of this paragraph; or the reservation of space on a vehicle as described in subparagraph (d) of this paragraph;
3. The calculated constructive weight used for the purposes of calculating charges using the weight and distance tariff rates; and
4. When available, the actual weight of the shipment in question.
(7) Overflow When Utilizing Weight and Distance Rates
When, while transporting or preparing to transport articles utilizing the weight and distance tariff rates, a shipment is so loaded that one or more of a carrier's vehicles are loaded to capacity and an overflow remains which does not require the full capacity of another vehicle, the actual weight of such overflow shall be calculated and added to the combined weight of the total shipment to calculate charges using the applicable weight and distance tariff rates.
(8) Handling and Storage Included in Rates
(a) Except as otherwise provided in these Rules, the rates for transportation shall include the disassembling of set-up pieces of furniture at their pick-up location, the physical handling of all articles in a shipment from their pick-up location to the household good carrier's vehicle for transportation, stowage of same within the vehicle, unloading of goods at the destination location, handling of same to designated spots at the destination location, and the assembly at the destination location of pieces of furniture which the carrier disassembled at the pick-up location. Notwithstanding the foregoing, however, a carrier may charge for ancillary services in accordance with Paragraph (3) of Rule 570-38-3-.05 to the extent that the carrier has complied with its duty under subparagraph (a) of that paragraph.
(b) 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.
(c) Notwithstanding subparagraph (a) of this paragraph, if a customer's articles are being picked up from a storage location in accordance with Rule 570-38-3-.14 or any other provision of these Rules which references Rule 570-38-3-.14, the rate for transportation shall not include any services which occur prior to the loading of the articles onto the carrier's vehicle from the door, platform, or other point convenient or accessible to the vehicle at the storage location.
(d) Notwithstanding subparagraph (a) of this paragraph, if a customer's articles are being delivered to a storage location in accordance with Rule 570-38-3-.14 or any other provision of these Rules which references Rule 570-38-3-.14, the rate for transportation shall not include any services which occur subsequent to the unloading of the articles from the carrier's vehicle onto the door, platform, or other point convenient or accessible to the vehicle at the storage location.
(9) Regular Hours for Purposes of Rate Calculation; Overtime Charges
(a) For the purposes of the Department's maximum rate tariff, regular hours shall begin at 8:00 A.M. and end at 5:00 P.M. every day except all Saturdays and Sundays and the holidays of New Years Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
(b) In the event a listed holiday falls on a Saturday, the prior Friday shall be considered the holiday. In the event a listed holiday falls on a Sunday, the following Monday shall be considered the holiday.
(c) Services provided by a carrier shall be performed during regular hours except when:
1. The carrier and customer have agreed that the carrier shall provide services during non-regular ("overtime") hours and the carrier has obtained written consent from the customer for the additional or increased charges; or
2. The carrier is required to provide services during overtime hours by law, ordinance, or the owner or landlord of the property upon which the service is performed.
(d) Whenever a customer is subject to additional or increased charges because a carrier is scheduled to perform services at non-regular ("overtime") hours, the customer shall be notified of the increased charges and the carrier shall obtain consent from the customer for such charges prior to performing any such services.
(10) Multiple Pick Up or Delivery Locations
A household goods carrier may pick up or load portions of a customer's shipment at multiple locations and may deliver or unload portions of a customer's shipment at multiple locations as authorized by these rules or as requested by the customer. When multiple pick-up and/or delivery locations are utilized and the customer is being charged in accordance with weight and distance tariff rates, the household goods carrier shall be authorized to charge the customer for the total weight of the entire shipment for the total distance from the first point of pick-up to the final point of delivery, plus any additional service charges applicable in accordance with the Department's maximum rate tariff.
(11) Waiting Time
(a) Except as otherwise provided in this paragraph, a household goods carrier may charge a customer for any time during which all of its requested equipment and/or personnel are on site and prepared to provide services as scheduled but unable to provide such services unless the inability to provide scheduled services is the fault of the carrier or its personnel. Such waiting time will be charged in accordance with the Department's maximum rate tariff.
(b) Except as otherwise agreed between a carrier and its customer, a carrier shall only be entitled to charge a customer for waiting time that occurs during regular hours.
(c) A carrier that is providing transportation services spanning more than 100 miles but less than 200 miles shall not charge a customer for the first one hour of waiting time for its services offered in conjunction with such transportation, provided however that a carrier governed by the hourly rates for transportation shall not be required to comply with this subparagraph.
(d) A carrier that is providing transportation services spanning 200 or more miles shall not charge a customer for the first three hours of waiting time.
(12) Fuel Surcharge
A carrier providing transportation services to a customer in accordance with the Department's weight and distance transportation rates shall be authorized to charge a customer for fuel at a rate not to exceed that provided in the Department's maximum rate tariff. All fuel surcharge revenue assessed and collected shall be passed on or otherwise credited to the purchaser of the fuel. The fuel surcharge is to be assessed once per shipment, regardless of the number of vehicles used.
O.C.G.A. §§ 40-1-54; 40-1-100; 40-1-101; 40-1-118; 40-1-119; 40-1-129.
Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
