New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS
Part 11 - HOUSEHOLD GOODS CARRIERS
Section 18.3.11.9 - LIMITATIONS ON SERVICE OPTIONS

Universal Citation: 18 NM Admin Code 18.3.11.9

Current through Register Vol. 35, No. 18, September 24, 2024

An HGC may offer the following service options. However, an HGC may not charge for these or any other services unless the charge is included in the HGC's commission-approved tariff.

A. Space reservation: The HGC may not enter into an agreement for the shipper to pay for a minimum number of cubic or linear feet in the HGC's transporting vehicle, regardless of how much space is actually occupied by the shipment, when the shipment completely occupies the transporting vehicle.

B. Expedited service: An HGC may subject shipments weighing less than the minimums specified in this subsection to reasonable delay for consolidation aboard a single vehicle. When a shipper orders expedited service with a specified delivery date and the HGC is unable to consolidate the shipment with other shipments, the HGC may base transportation charges on the specified minimum weights.

(1) Shipments moving zero to fifty miles, 3,000 pounds minimum;

(2) Shipments moving fifty miles to one hundred miles, 5,000 pounds minimum;

(3) Shipments moving one hundred and one miles to two hundred miles, 8,000 pounds minimum;

(4) Shipments moving two hundred and one miles to 300 miles, 10,000 pounds minimum;

(5) Shipments moving three hundred and one miles and up, 12,000 pounds minimum.

C. Exclusive use of a vehicle:

(1) An HGC may require a minimum charge for exclusive use of a vehicle.

(2) An HGC may not enter into an exclusive use of vehicle agreement with a shipper when the shipment completely occupies the transporting vehicle.

D. Guaranteed pickup and delivery: The liability provided by a guaranteed pickup and delivery agreement is in addition to and shall in no way limit the liability of the HGC otherwise provided by law.

E. Storage in transit:

(1) A shipper may place a shipment that is in transit in storage one or more times for an aggregate of no more than 180 days.

(2) Upon the expiration of the 180 day period, the storage facility shall be considered the final destination and all accrued charges shall become due and payable.

(3) The shipper or the shipper's agent may add to or remove goods from storage and the HGC shall adjust the charges to the new weight of the shipment.

F. Accessorial services. An HGC shall clearly describe on the bill of lading each accessorial service provided to a shipper.

G. Advanced charges. The HGC may bill a shipper for services not performed by the HGC but by a third party at the shipper's request only if such services are clearly described on the bill of lading and supported by a copy of the third party's invoice.

Disclaimer: These regulations may not be the most recent version. New Mexico 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.
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