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-.16 - Payments to Household Goods Carriers

Universal Citation: GA Rules and Regs r 570-38-3-.16

Current through Rules and Regulations filed through September 23, 2024

(1) A household goods carrier may require that, before the carrier completes delivery or relinquishes possession of any of a customer's articles, said customer:

(a) Pay all rates and charges accrued by that customer in accordance with the Department's maximum rate tariff; or

(b) Make other payment arrangements satisfactory to the carrier with respect to all such rates and charges.

(2) If a household goods carrier demands payment or payment arrangements in accordance with paragraph (1) of this Rule but the customer is unable or unwilling to pay or make payment arrangements, the carrier may:

(a) Postpone delivery of the customer's goods until payment or payment arrangements are made and charge the customer in accordance with these Rules and the Department's maximum rate tariff for any services incurred as a result of such postponement, including but not limited to wait time;

(b) Divert the customer's goods to be stored in transit in a manner consistent with Rules 570-3-3-.05 (.13) and (.14); or

(c) Both (a) and (b).

(3) Paragraphs (1) and (2) of this Rule shall not apply to any charges in excess of those explicitly agreed to by the customer in writing upon the bill of lading as required by Rule 570-38-3-.11 prior to the carrier providing transportation or other services. A carrier shall not refuse to complete delivery or relinquish possession of any property it transported based upon a customer's refusal to pay or make payment arrangements for charges that were unexpectedly incurred and/or not included in the bill of lading prior to the provision of transportation or other services. A carrier's disclaimer or notice that the customer may incur additional charges in an estimate, bill of lading, contract, or other document shall not excuse a carrier from completing delivery as required by this paragraph.

(4) This Rule shall not limit the right of the carrier to require, at time of or before shipment, the prepayment in part or in full or guarantee of the carrier's charges in accordance with the Department's maximum rate tariff.

(5) Provisions for payment of charges for shipments that are stored in transit are subject to this Rule and Rule 570-38-3-.14.

O.C.G.A. §§ 40-1-54; 40-1-118.

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