New York Codes, Rules and Regulations
Title 17 - DEPARTMENT OF TRANSPORTATION
Chapter VI - Transportation Regulations
Subchapter E - Motor Carriers Article
Article 4 - Rates and Charges
Part 829 - Rates Dependent Upon Release Or Agreed Value
Section 829.2 - Transportation of household goods
Current through Register Vol. 45, No. 13, March 29, 2023
All motor carriers of household goods, as that term is defined in Part 800 of this Title, are hereby authorized to establish and maintain by filing and posting in the manner provided in the tariff regulations of the Commissioner of Transportation, rates for the transportation of household goods dependent upon the released value of the property declared by the shipper in writing, or agreed upon in writing, and the limitation of carrier's liability to an amount not exceeding such released value, as follows:
(a) Where the transportation charges are calculated from rates based upon mileage and weight, then as follows: Released values and liability Transportation Storage in transit limitations rate basis rate basis Released to a value not exceeding 60 Base Base storage rate. cents per pound per article for the transportation actual weight of any article or rate. articles in a shipment. Released to a declared lump sum value Base Base storage rate for an entire shipment. However, if transportation for the first the value declared is less than rate plus a storage period of $1.25 times the actual weight or valuation 60 days. authorized tariff estimated weight charge of 50 Thereafter, base (in pounds) of the shipment, such cents for each storage rate plus declaration will be ineffective, and $100, or a value charge of the shipment will be deemed instead fraction $1 per $1000 of to have been released to a declared thereof, of the the declared or lump sum value equal to $1.25 times released or released value the actual or authorized tariff declared value whichever is estimated total weight (in pounds) of the entire greater, for each of the shipment. shipment. storage period of 30 days, or fraction thereof, in excess of the first period of 60 days.
No rule of co-responsibility may be employed to reduce the liability of the carrier for loss, damage, or delay to the property. The total parts comprising any article knocked down or taken apart for handling or loading shall constitute one article for the purpose of determining the carrier's liability as provided above.
"Unless the shipper expressly releases the shipment to a value of 60 cents per pound per article, the carrier's maximum liability for loss and damage shall be either the lump sum value declared by the shipper or an amount equal to $1.25 for each pound of weight (actual or estimated as provided by carrier's tariff) in the shipment, whichever value is greater."
The release of value must be entered in the following form directly below and immediately following the foregoing statement, and must be completed only by the person signing it:
The shipment will move subject to the rules and conditions of the carrier's tariff. Shipper hereby releases the entire shipment to a value not exceeding
__________________
(to be completed by the person signing below)
NOTICE: THE SHIPPER SIGNING THIS CONTRACT MUST INSERT IN THE SPACE ABOVE, IN HIS OWN HANDWRITING, EITHER HIS DECLARATION OF THE ACTUAL VALUE OF THE SHIPMENT, OR THE WORDS "60 CENTS PER POUND PER ARTICLE. OTHERWISE, THE SHIPMENT WILL BE DEEMED RELEASED TO A VALUE EQUAL TO $1.25 TIMES THE WEIGHT (ACTUAL OR ESTIMATED AS PROVIDED BY CARRIER'S TARIFF) OF THE SHIPMENT IN POUNDS.
"Rates or charges herein based on released value have been authorized by the Commissioner of Transportation, State of New York, in Released Rate Order DOT-NY-No. M________ of ________subject to complaint or suspension."
Where an estimated instead of actual weight is to be used in determining a valuation charge because of the physical inability of carrier to obtain the actual weight, the tariff shall specifically provide the conditions under which an estimated weight will be used and shall further explicitly provide a method of determining the estimated weight.
(b) Where transportation charges are calculated from hourly rates, then as follows: Released values and liability Transportation Storage in transit rate limitations rate basis basis Released to a value not exceeding Base Base storage rate. 30 cents per pound per article transportation for the actual weight of any rate. article or articles in a shipment. Released to a declared lump sum Base Base storage rate for the value for an entire shipment. transportation first storage period of However, if the value declared rate plus a 60 days. Thereafter, is less than $2500, such valuation base storage rate plus declaration will be charge of 50 a value charge of $1 ineffective, and the shipment cents for each per $1000 of the will be deemed instead to have $100, or declared or released been released to a declared fraction value whichever is lump sum value of $2500. thereof, or of greater, for each the released or storage period of 30 declared value days, or fraction of the thereof, in excess of shipment. the first period of 60 days.
No rule of co-responsibility may be employed to reduce the liability of the carrier for loss, damage, or delay to the property. The total parts comprising any article knocked down or taken apart for handling or loading shall constitute one article for the purpose of determining the carrier's liability as provided above.
"Unless the shipper expressly releases the shipment to a value of 30 cents per pound per article, the carrier's maximum liability for loss and damage shall be either the lump sum value declared by the shipper or $2500, whichever is greater."
The release of value must be entered in the following form directly below and immediately following the foregoing statement, and must be completed only by the person signing it.
The shipment will move subject to the rules and conditions of the carrier's tariff. Shipper hereby releases the entire shipment to a value not exceeding
________________
(to be completed by the person signing below)
NOTICE: THE SHIPPER SIGNING THIS CONTRACT MUST INSERT IN THE SPACE ABOVE, IN HIS OWN HANDWRITING, EITHER HIS DECLARATION OF THE ACTUAL VALUE OF THE SHIPMENT, OR THE WORDS "30 CENTS PER POUND PER POUND PER ARTICLE." OTHERWISE, THE SHIPMENT WILL BE DEEMED RELEASED TO A LUMP SUM VALUE OF $2500.
"Rates or charges herein based on released value have been authorized by the Commissioner of Transportation, State of New York, in Released Rate Order DOT-NY-No. M ________ of ________subject to complaint or suspension."
(c) The commissioner does not hereby approve the lawfulness, except under section 174 of the Transportation Law, of any rate or charge, which may be filed under authority of this section.
