Rules & Regulations of the State of Tennessee
Title 1340 - Safety and Homeland Security
Subtitle 1340-06 - Rules and Regulations As To Supervision and Control of Motor Vehicles and Motor Buses
Chapter 1340-06-01 - RULES AND REGULATIONS AS TO SUPERVISION AND CONTROL OF MOTOR VEHICLES AND MOTOR BUSES
Section 1340-06-01-.13 - RULES GOVERNING THE ESTIMATES OF CHARGES, DETERMINATION OF WEIGHTS, AND THE HANDLING OF CLAIMS FOR LOSS OR DAMAGE BY HOUSEHOLD GOODS MOVERS IN INTRASTATE COMMERCE
Universal Citation: TN Comp Rules and Regs 1340-06-01-.13
Current through September 24, 2024
(1) Determination of Weights
(a) Loaded Weight, Tare Weight and
Constructive Weight.
1. Each common carrier by
motor vehicle shall determine the tare weight of each vehicle used in the
transportation of household goods 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 gasoline tank on such
vehicle shall be full and the vehicle shall contain all pads, chains, dollies,
hand trucks, and other equipment needed in the transportation of such shipment.
After the vehicle has been loaded, it shall be weighed, without the crew
thereon, at point of origin of the shipment, and the net weight of the shipment
shall be obtained by deducting the tare weight from the loaded weight. Where no
adequate scale is available at point of origin, the loaded weight shall be
obtained at the nearest certified scale either in the direction of the movement
of shipment, or in the direction of the next pick-up or delivery in the case of
part loads.
2. If no adequate scale
is available at origin, at any point in route, or at destination, a
constructive weight, based upon seven (7) pounds per cubic foot of properly
loaded van space, may be used. Such a constructive weight also may be used for
a part load where the circumstances are such that its scale weight could not be
obtained at origin, in route, or at destination without first unloading it or
other part loads being carried in the same vehicles.
(b) 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 or more part loads may be used as the tare weight of
such vehicle as to part loads subsequently loaded thereon. A part load for any
one shipper not exceeding one thousand (1,000) pounds may be weighed on a
certified scale prior to being loaded on the vehicle.
(2) Estimates of Charges
(a) 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 weight of his goods. Any instructions necessary to enable the
shipper to use the estimate form shall be printed on the form.
(b) 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 made as soon
as possible prior to the time when the shipment is offered for
delivery.
(c) Notification to
shipper where charges exceed estimate. Whenever actual charges on any shipment
exceed by more than ten (10) percent or Twenty-five dollars ($25), 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
as soon as possible after the determination is made and before delivery.
Provided, that this paragraph shall not apply (1) where credit is to be
extended by the carrier, and (2) where the shipper has not supplied upon
request by the carrier, an address or telephone number at which the
communication would be received.
(d) Report of Underestimates. Every motor
common carrier of household goods shall file each month with the Commissioner
of Safety and Homeland Security, Commercial Vehicle Enforcement Division, 1150
Foster Avenue, Nashville, Tennessee, 37243, a report of all instances during
the proceeding month where the actual charges for services rendered exceeded
the estimates of such charges by ten (10) percent or twenty-five dollars ($25),
whichever is greater, with an explanation of reasons for variances.
(e) Reweighing. The carrier, upon request of
shipper, owner or consignee, made prior to delivery of a shipment, and when
practical to do so will reweigh the shipment. The lower of the two net scale
weights shall be used for determining the applicable charges. If the reweigh
develops a net scale weight in excess of the initial net scale weight and me
rewash net scale weight is less than one hundred (100) pounds on a shipment
weighing five thousand (5,000) pounds or less or two per cent or less of the
lower net scale weight on shipments in excess of five thousand (5,000) pounds,
a reasonable reweigh charge may be established.
(f) Information on Bill of Lading. Each Bill
of Lading on household goods shipments shall have indicated thereon the method
by which the estimate of charges was made and the amount of the
estimate.
(3) Claims for Loss or Damage
(a) Acknowledgement of Claims.
Every Common carrier of household goods which receives a written claim for loss
of or damage to property transported by it shall acknowledge receipt of such
claim in writing to the claimant within thirty (30) calendar days after its
receipt by the carrier or the carrier's agent. The carrier shall at the time
such claim is received, cause the date of receipt to be recorded on the
claim.
(b) Handling by carrier.
Every such carrier which receives a written claim for loss by damage to
household goods transported by it shall pay, decline, or make a firm compromise
settlement offer in writing to the claimant within one hundred twenty (120)
days after receipt of the claim by the carrier or its agent. Provided, that, if
for reasons beyond the control of the carrier the claim cannot be processed and
disposed of within one hundred twenty (120) days after the receipt thereof, the
carrier shall at that time and at the expiration of each succeeding thirty (30)
day period while the claim remains pending advise the claimant in writing of
the status of the claim and the reasons for the delay in making final
disposition thereof, and send a copy of such letter to the Commissioner of
Safety and Homeland Security, Commercial Vehicle Enforcement Division, 1150
Foster Avenue, Nashville, Tennessee, 37243.
(4) Information to Shippers
(a) Each household goods carrier shall be
required to present each prospective household goods shipper an information
pamphlet containing such provisions as this Commissioner shall prescribe or
approve.
Authority: T.C.A. §§ 65-15-106 and 65-15-113.
Disclaimer: These regulations may not be the most recent version. Tennessee 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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