New York Codes, Rules and Regulations
Title 17 - DEPARTMENT OF TRANSPORTATION
Chapter VI - Transportation Regulations
Subchapter E - Motor Carriers
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. 46, No. 12, March 20, 2024
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 limitations |
Transportation rate basis |
Storage in transit rate basis |
|
Released to a value not exceeding 60 cents per pound per article for the actual weight of any article or articles in a shipment. |
Base transportation rate. |
Base storage rate. |
|
Released to a declared lump sum value for an entire shipment. However, if the value declared is less than $1.25 times the actual weight or authorized tariff estimated weight (in pounds) of the shipment, such declaration will be ineffective, and the shipment will be deemed instead to have been released to a declared lump sum value equal to $1.25 times the actual or authorized tariff estimated total weight (in pounds) of the shipment. |
Base transportation rate plus a valuation charge of 50 cents for each $100, or fraction thereof, of the released or declared value of the entire shipment. |
Base storage rate for the first storage period of 60 days. Thereafter, base storage rate plus a value charge of $1 per $1000 of the declared or released value whichever is greater, for each 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.
Changes may be made in the rates or charges established under the authority of this subdivision, but the released values provided herein may not be decreased, nor may the value charges as specified herein be increased without specific authority of the commissioner.
The bill of lading issued for any shipment accepted for transportation or transportation and storage in transit at released rates and charges established and maintained under authority of this subdivision, shall have printed in distinctive color in bold-face type on the face thereof a statement reading as follows:
"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.
Tariffs containing rates or charges established under authority of this subdivision shall specifically provide the carrier's maximum liability for loss of or damage to property shall be the lump sum value declared or an amount equal to $1.25 times the weight (actual or estimated as provided by carrier's tariff) of the shipment in pounds, whichever value is greater, unless the shipper expressly releases the shipment to a value of 60 cents per pound per article, in which case the carrier's liability shall not be exceed that value. Tariffs shall provide that in the event shipper does not declare a lump sum value or release the shipment to a value of 60 cents per pound per article the shipment will be deemed released to a lump sum value equal to $1.25 times the total weight (actual or estimated, as applicable) of the shipment in pounds. No rule of co-responsibility may be employed. Such tariffs shall show the following notation:
"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 limitations |
Transportation rate basis |
Storage in transit rate basis |
|
Released to a value not exceeding 30 cents per pound per article for the actual weight of any article or articles in a shipment. |
Base transportation rate. |
Base storage rate. |
|
Released to a declared lump sum value for an entire shipment. However, if the value declared is less than $2500, such declaration will be ineffective, and the shipment will be deemed instead to have been released to a declared lump sum value of $2500. |
Base transportation rate plus a valuation charge of 50 cents for each $100, or fraction thereof, or of the released or declared value of the shipment. |
Base storage rate for the first storage period of 60 days. Thereafter, base storage rate plus a value charge of $1 per $1000 of the declared or released value whichever is greater, for each 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.
Changes may be made in the rates or charges established under the authority of this subdivision but the released values provided herein may not be decreased, nor may the value charges as specified herein be increased without specific authority of the commissioner.
The bill of lading issued for any shipment accepted for transportation or transportation and storage in transit at released rates and charges established and maintained under authority of this subdivision, shall have printed in distinctive color in bold-face type on the face thereof a statement reading as follows:
"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.
Tariffs containing rates or charges established under authority of this subdivision shall specifically provide the carrier's maximum liability for loss of or damage to property shall be the lump sum value declared or $2500, whichever value is greater, unless the shipper expressly releases the shipment to a value of 30 cents per pound per article, in which case the carrier's liability shall not exceed that value. Tariffs shall provide that in the event shipper does not declare a lump sum value or release the shipment to a value of 30 cents per pound per article the shipment will be deemed released to a lump sum value of $2500. No rule of co-responsibility may be employed. Such tariffs shall show the following notation:
"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.
