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-.08 - Estimates

Universal Citation: GA Rules and Regs r 570-38-3-.08

Current through Rules and Regulations filed through September 23, 2024

(1) The Department shall make available to household goods carriers a Uniform Estimated Cost of Services Form for use by such carriers as required by this rule. This document will be made available to household goods carriers by posting upon a publicly-accessible website maintained by the Department.

(2) A carrier subject to regulation by this Subchapter may, at a customer's or prospective customer's request, provide an estimate for cost of services. Except to the extent otherwise required by law or these Rules, such estimates shall not be binding on either the customer or the carrier unless both the customer and the carrier agree to a binding estimate and the terms are clearly stated using the Uniform Estimated Cost of Services Form in accordance with this Rule.

(3) An estimate provided in accordance with this Rule shall be either (1) a non-binding estimate subject to paragraph (4) of this Rule or a binding estimate subject to paragraph (5) of this Rule. When providing an estimate using the Uniform Estimated Cost of Services Form, a carrier shall clearly indicate on the form whether the estimate being provided is a non-binding or a binding estimate.

(4) A carrier providing a non-binding estimate to a customer or prospective customer shall:

(a) Clearly describe in the estimate volume and/or character of articles comprising the shipment the carrier will transport and all services the carrier will provide and shall include all other information the carrier requires in order to provide a non-binding estimate;

(b) Upon said customer's payment of no more than 110% of the estimated charges in the non-binding estimate, relinquish possession of or deliver said customer's shipment as agreed and without delay; and

(c) Defer demand for the payment of the balance of any charges in excess of the amount described in subparagraph (b) of this paragraph for a period of thirty days following delivery or possession being relinquished.

(5) A carrier providing a binding estimate to a customer or prospective customer shall:

(a) Clearly describe in the estimate the goods and/or articles comprising the shipment the carrier will transport and all services the carrier will provide and shall include all other information the carrier requires in order to provide a binding estimate; and

(b) Perform any and all transportation and services detailed in the binding estimate at rates not to exceed the amounts provided in that estimate and relinquish possession of or deliver a customer's shipment upon said customer's payment of the estimated charges; and

(c) Defer demand for the payment of the balance of any charges in excess of the amount described in subparagraph (b) of this paragraph for a period of thirty days following delivery or possession being relinquished.

(6) Nothing in this Rule shall be construed so as to prohibit or restrict a carrier from charging a customer for transportation or services in excess of or in addition to those for which a customer received an estimate when:

(a) A customer requests such additional transportation or services; or

(b) Such transportation or services become reasonably necessary and
1. The customer consents to such additional transportation or services; or

2. The carrier is otherwise required to perform such additional transportation or services.

(7) Estimates provided by a carrier shall conform to the requirements of these Rules and the Department's maximum rate tariff.

O.C.G.A. §§ 40-1-54; 40-1-118; 40-1-119.

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