Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS Chapter 281
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
281.600 requires the Transportation Cabinet
to establish reasonable requirements with regard to continuous and adequate
service of transportation. This administrative regulation provides for the
rules and administrative regulations concerning household goods
carriers.
Section 1. Determination of
Weights.
(1) Tare weight. The tare weight of
each vehicle in the transportation of household goods shall be determined by
having it weighed prior to the transportation of each shipment, without the
crew thereon, by a certified weigh master or on a certified scale; and, when so
weighed the fuel tank on each vehicle shall be full and the vehicle shall
contain all blankets, pads, chains, dollies, hand trucks, and other equipment
needed in the transportation of such shipment.
(2) Gross weight. After the vehicle has been
loaded, it shall be weighed without the crew thereon prior to delivery of the
shipment.
(3) Net weight. The net
weight shall be determined by deducting the tare weight from the gross
weight.
(4) Constructive weight. If
no adequate scale is located at origin or any point within a radius of ten (10)
miles thereof, a constructive weight, based upon seven (7) pounds per cubic
foot of properly loaded van space, may be used. Such a constructive weight may
also be used for a part load where the circumstances are such that its scale
weight could not be obtained at origin, en route, or at destination without
first unloading it or other part loads being carried in the same
vehicle.
(5) Part loads. In the
transportation of part loads, this rule shall apply in all respects, except
that the gross weight of a vehicle containing one (1) or more part loads may be
used as the tare weight of such vehicle as to part load subsequently loaded
thereon. A part load, not exceeding 10,000 pounds for any one (1) shipper, may
be weighed on a certified scale prior to being loaded on the vehicle. Such part
shall be acknowledged by a weigh ticket evidencing such weighing.
(6) Driver's weight certificate. Whenever
weights are required to be obtained pursuant to these rules, the carrier shall
cause to be executed a weight certificate for each shipment, in the form
specified by the cabinet, at the time the last necessary weight is obtained,
and the original or a copy of such certificate shall be carried in the vehicle
transporting the shipment and shall be displayed upon request of the party
paying the carrier's charges. The original or a true copy of such certificate
shall be maintained by the carrier as part of its record of shipment.
Section 2. Establishment of Rates
for Accessorial Services. Every irregular route common carrier or "household
goods" authorized to operate in intrastate commerce in Kentucky shall, in
addition to the tariff filing requirements of
601 KAR 1:060,
establish the charges to be made for each accessorial or terminal service
rendered in connection with the transportation of household goods by motor
vehicle. The tariffs establishing such charges shall separately state each
service to be rendered and the charge therefor, provided that such tariffs may
state an hourly labor charge applicable to miscellaneous labor service
performed at the request of a shipper in connection with the transportation,
when a rate is not separately stated in the tariff for the service so
requested. The charges so established for packing and unpacking shall be in
amounts per container, and those for other services shall be separately stated
on a unit or hourly basis, whichever is appropriate. No charge so established
shall be lower than the cost of performing the service. This section shall
apply only where the transportation is performed by a motor carrier. The rate
for transportation of such goods shall not include the charge for any
accessorial service and no such services other than those for which separate
charges have been so established shall be rendered by any such
carrier.
Section 3. Discounts
Prohibited; Rates Based on Prepayment Charges Prohibited. No discount of any
character whatsoever shall be authorized by tariff provisions or otherwise
allowed by any such common carrier, and no rates or charges shall be
established based upon prepayment of charges.
Section 4. Prohibition Against Carrier Acting
as Agent for Another Carrier. No such common carrier shall act as agent for any
other such common carrier in the solicitation of shipments of household goods,
in intrastate commerce, between points which such agent is authorized to serve
and for which it shall have established different rates than those of its
principal.
Section 5. Insurance
Provisions.
(1) Requirements for procurement
of all-risk insurance for shippers. No such common carrier of any employee,
agent or representative thereof, may offer to procure insurance for any shipper
except under the following conditions:
(a) The
shipper must be fully advised of the carrier's constitutional liability and of
the carrier's unlimited liability for any damage resulting from his
negligence.
(b) Any insurance which
the carrier may offer to procure for the shipper must be of an "all-risk"
nature covering any damage in transit or temporary storage regardless of the
cause.
(c) Insurance procured by
the carrier shall be in the amount declared by the shipper. Any charges
therefor may be added to the regular tariff charges but may not exceed the
actual cost of the insurance.
(d)
Any insurance procured by the carrier shall name the shipper as the direct
beneficiary, and the shipper shall be provided with a copy of the policy of
insurance or evidence of application therefor prior to the movement of his
household goods.
(2)
Liability of carrier unaffected. The shipper's purchase or refusal to purchase
an insurance policy in no way affects the legal liability of such common
carrier.
(3) Purchase of insurance
by carrier. Nothing in this section shall preclude such common carrier from
procuring in its own name insurance covering its liability for loss or damage
to household goods transported by it.
Section 6. Receipt for Bill of Lading;
Information Thereon.
(1) Issuance of a receipt
or bill of lading. No such common carrier shall issue a receipt or bill of
lading for household goods to be transported in intrastate commerce prior to
receiving such household goods for such transportation, but common carriers
must issue such receipt or bill of lading when such household goods are
received.
(2) Information required
on receipt or bill of lading. Whenever a receipt or bill of lading is issued in
compliance with the preceding subsection, the carrier shall cause to be
included therein the following information:
(a) The name of the motor carrier (not the
agent's name) which will transport the shipments; if shipment is to be
interlined, the names of the connecting carriers provided they are known when
the shipment is received.
(b) The
name, address, and telephone number of the office of the carrier that should be
contacted in relation to the shipment, should there be a need for such
contact.
(c) The name, address, and
telephone number of a person to whom notification provided for in subsection
(3) of this section shall be given, except when this cannot be obtained from
the shipper.
(d) The preferred
delivery date or the period of time within which delivery of the shipment may
be expected to be made at destination.
(3) Notification of delay in delivery.
Whenever a carrier is unable to make delivery of a shipment of household goods
on the date or during the period specified in the receipt or bill of lading,
the carrier shall notify the shipper, or person designated by the shipper, by
telegram or telephone, at the carrier's expense, of the date on which delivery
of the shipment will be made such notification to be given not less than
twenty-four (24) hours prior to the date or during the period shown on the
receipt or bill of lading except when the circumstances causing the delay occur
at a later time, in which case the notice shall be given as soon as possible
but in no event more than twenty-four (24) hours after the occurrence,
provided, that the requirements of this paragraph shall not apply where the
carrier is unable to obtain from the shipper an address or telephone number for
such notification.
Section
7. Freight Bill; Information Thereon.
(1) Issuance of a freight bill. Every
irregular route common carrier of household goods shall issue a freight bill
for household goods transported in intrastate commerce upon delivery of such
household goods.
(2) Information
required on freight bill. Whenever a freight bill is issued in compliance with
subsection (1) of this section, the carrier shall cause to be included therein
the following information:
(a) Name and
address of the motor carrier who transported the shipment.
(b) Name and address of shipper and address
of origin of shipment.
(c) Name and
address of consignee and address of destination of shipment.
(d) If the charges for the transportation
services performed were based upon weight and mileage, the freight bill shall
set forth the gross and tare weights of the vehicle; the net weight of the
shipment; the mileage; the applicable rate per 100 pounds; and the charges for
transportation.
(e) If the charges
for the transportation services performed were based upon hourly rates, the
freight bill shall set forth the number of men furnished; the time started; the
time finished; the deductions from time for interruptions; the total time for
which charged; the rate per hour; and charges for transportation.
(f) If accessorial services were rendered in
connection with transportation services, the charges for each such accessorial
service shall be itemized on the freight bill.
Section 8. Liability of Carriers. No common
carrier shall be permitted to contract for relief from its common law
liability.
Section 9. Estimates of
Charges.
(1) Estimates by the carrier.
Whenever an estimate of the charges for a proposed service shall be given by a
carrier to a prospective shipper of household goods, the estimate shall be made
only after a visual inspection of the goods by the estimator. Such estimate
shall be in the form specified by the cabinet. The form shall be fully executed
as appropriate in each case in accordance with the instructions therein. The
original or a true legible copy of each estimate form prepared in accordance
with this paragraph shall be delivered to the shipper; and a copy thereof shall
be maintained by the carrier as part of its records of shipment. The shipper
shall not be permitted or required to sign the "estimated cost of services"
form.
(2) Estimate form for
shipper's use. Carriers may furnish to shippers or prospective shippers an
estimate form which may contain statements of the weights of average pieces of
furniture and other household articles of various types, for use by the shipper
in making his own estimate of the total weight of his goods. Any instructions
necessary to enable the shipper to use the estimate form shall be printed in
the form. If cubit-foot measurements are used in arriving at the weight, the
form shall state that a weight factor of seven (7) pounds per cubic foot shall
be used.
(3) Specific request of
shipper for notification. Whenever the shipper specifically requests
notification of the actual weight and charges on a shipment, the carrier shall
comply with such request immediately upon determining the actual weight and
charges, by telephone or telegraph if so requested. Such notification shall be
at the carrier's expense in instances in which notification would be required
under subsection (4) of this section and in all other instances unless the
carrier provides in its tariff that the actual cost of such notification shall
be collected from the shipper. Such notification shall be made no later than
twenty-four (24) hours prior to the time the shipment is offered for delivery
except where the shipment is in transit less than twenty-four (24)
hours.
(4) Notification to shipper
where charges exceed estimate. Whenever actual charges on any shipment exceed
by more than ten (10) percent or twenty-five (25) dollars, whichever is
greater, any estimate of charges given by the carrier to the shipper,
immediately upon determining the actual charges, the carrier shall notify the
shipper of the amount thereof by telegram or telephone at the carrier's
expense. Such notice shall be made no later than twenty-four (24) hours prior
to the time the shipment is offered for delivery, except where the shipment is
in transit less than twenty-four (24) hours; provided, that this paragraph
shall not apply:
(a) Where credit is to be
extended by the carrier; and
(b)
Where the shipper has not supplied, upon request by the carrier, an address or
telephone number at which the communication would be received.
(5) Report of underestimates.
Every irregular route common carrier of household goods shall file quarterly
with the Transportation Cabinet, a report of all instances during that quarter
in which the actual charges for services rendered exceeded the estimates of
such charges by ten (10) percent or more, or twenty-five (25) dollars or more,
whichever is greater, with an explanation of reasons for the variances. Such
reports shall be filed on or before April 30, July 31, October 31 and January
31 for the quarter ended as of the last day of the preceding month.
(6) Reweighing. The carrier shall, upon
request, made by the shipper, owner or consignee, before delivery and when
practicable to do so, reweigh the shipment. A reasonable charge may be
established for reweighing only when the difference between the two (2) net
scale weights does not exceed 100 pounds on shipments weighing 5,000 pounds or
less, and two (2) percent of the lower net scale weight on shipments weighing
more than 5,000 pounds. The lower of the two (2) net scale weights shall be
used for determining applicable charges.
(7) Order for services shall not show charges
or estimates. There shall not be shown on any form in the nature of a "moving
order" or "order for service" which may be used by carriers of households goods
any charges or estimates of charges nor any reference to any estimate of
charges given to the shipper.
Section
10. Absorption or Advancement of Dock Charges. Irregular route
common carriers of household goods shall not absorb any dock or other charge
made by any warehouseman, nor shall any such carrier advance any such charge
for the account of any shipper, owner, or other person, except upon the
authorization of such person. Whenever such charges are advanced on behalf of
the shipper, the carrier shall obtain a receipt therefor from the warehouseman
and deliver it to the shipper or the person designated by the shipper at the
time the advanced charges are made.
Section
11. Information for Prospective Shippers. During the course of the
first interview with every prospective shipper, every carrier of household
goods shall cause to be given to the prospective shipper a summary of
information in the form specified by the cabinet. Such summary shall be printed
on one (1) sheet in not less than eight-point bold of full-faced type and shall
contain the heading, "Important Notice to Shippers of Household Goods." The
carrier's name, address, and telephone number may be shown on the sheet if that
is desired. If no personal interview is had with the shipper, the carrier shall
cause such summary to be mailed to the shipper on or prior to the day on which
the order for service is placed. The carrier shall make an appropriate notation
on the receipt or bill of lading that such summary has been
furnished.
Section 12. Minimum
Weight Shipments. No common carrier shall accept a shipment of household goods
for transportation which appears to be subject to the minimum weight provisions
of the carrier's tariff without first having advised the shipper of such
minimum weight provisions.
STATUTORY AUTHORITY:
KRS
281.600
