740-060-0010

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_700/oar_740/740_060.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF TRANSPORTATION,

MOTOR CARRIER TRANSPORTATION DIVISION





 

DIVISION 60
TRANSPORTATION OF HOUSEHOLD GOODS
740-060-0010

Information for Shippers and General
Information Bulletin for Moving Household Goods in Oregon
(1) As used in division 60 rules, the
term shipper refers to the owner of the household goods, or the owner’s representative.
The term carrier refers to the authorized intrastate for-hire motor carrier of household
goods.
(2) Each carrier must give
every prospective shipper an information bulletin titled General Information Bulletin
for Moving Household Goods in Oregon ODOT form #735-9943.
(3) The text of the information
bulletin, “General Information Bulletin for Moving Household Goods in Oregon,”
ODOT form # 735-9943 includes the following information:
(a) Estimates;
(b) Changes to estimates;
(c) Underestimates;
(d) Bills of Lading:
(e) Inventories;
(f) Packing, delivery and
inspection;
(g) Storage needs;
(h) Ready to assemble furniture;
(i) Levels of protection
and valuation options for household goods;
(j) Payment to mover;
(k) Loss or damage claims;
and
(L) Complaints.
(4) The Mandatory Receipt
must contain the following statements:
(a) Acknowledgement of receipt
of General Information Bulletin for Moving Household Goods in Oregon;
(b) Final charges for services
are based on rates that have been approved by ODOT and published in a tariff regardless
of any estimate of service provided by the carrier.
(5) Each carrier must request
the shipper to sign and date a Mandatory Receipt to acknowledge receipt of the information
bulletin. The signed copy of the Mandatory Receipt must be retained for three years
as a part of the carrier’s documentation for the move.
Stat. Auth.: ORS 184.616, 184.619, 823.011,
825.232
Stats. Implemented: ORS 825.202,
825.204, 825.224
Hist.: PUC 156, f. 8-6-73,
ef. 8-15-73 (Order No. 73-507); Renumbered from 860-39-005; PUC 9-1986(Temp), f.
& ef. 8-19-86 (Order No. 86-831); PUC 12-1986, f. & ef. 10-2-86 (Order No.
86-1026); PUC 17-1987, f. & ef. 12-31-87 (Order No. 87-1309); PUC 5-1994, f.
& cert. ef. 2-16-94 (Order No. 94-298); MCT 3-1996, f. & cert. ef. 3-14-96;
Renumbered from 860-069-0005; MCT 4-1997, f. & cert. ef. 7-15-97; MCTD 5-2013,
f. & cert. ef. 6-20-13
740-060-0020
Inventories
(1) An inventory of items will be prepared
when requested by the shipper or when household goods are received into storage
in transit or permanent storage.
(2) The carrier must list
any damage or unusual wear.
(3) Shippers must be allowed
to note in writing on the inventory documents any disagreement with entries regarding
damage or unusual wear noted by the carrier.
Stat. Auth.: ORS 184.616, 184.619, 823.011
& 825.232
Stats. Implemented: ORS 825.202,
825.204, 825.224
Hist.: PUC 9-1986(Temp),
f. & ef. 8-19-86 (Order No. 86-831); PUC 12-1986, f. & ef. 10-2-86 (Order
No. 86-1026); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-069-0006;
MCTD 5-2013, f. & cert. ef. 6-20-13
740-060-0035
Cargo Insurance and Valuation Declaration
(1) A carrier is liable for loss or
damage to household goods when the property is in its care, custody or control.
The required minimum level of cargo insurance coverage is specified in OAR 740-040-0030.
The level of liability assumed by the carrier is altered based on the selection
of the valuation protection option chosen by the shipper.
(2) Prior to beginning any
regulated household goods move, a carrier must ensure that the shipper has selected
a valuation option. The carrier must provide the shipper with information that clearly
explains the different valuation options offered, the charges for each option, and
an example comparing the total cost of a move with Full Replacement Cost Protection
and with Released Value Protection.
(3) All household goods carriers
must offer at least the following valuation protection options:
(a) Released Value: When
the shipper elects the no-additional-cost Released Value option, claims for damage
or loss will be settled based on the weight of the article multiplied by the price
per pound. If a shipper fails to state a declared value in writing and the shipment
is accepted by the carrier, the shipment will be estimated calculating the weight
of the shipment as seven pounds per cubic foot of space utilized;
(b) Replacement Cost Protection:
The shipper must declare a lump sum value of the shipment. Under this option, if
any article is lost, destroyed, or damaged while in the carriers custody, the carrier
will, at its option, guarantee either replacement of articles lost or damaged, reimbursement
for full replacement cost, or satisfactory repairs.
(4) If for any reason, the
carrier fails to obtain the shipper’s written confirmation of valuation option
selection on the bill of lading, and the shipment is accepted for transport, the
carrier will provide Replacement Cost Protection at the shipper expense.
Stat. Auth.: ORS 184.616, 184.619, 823.011,
825.232
Stats. Implemented: ORS 825.202,
825.204, 825.224
Hist.: MCTD 5-2013, f. &
cert. ef. 6-20-13
740-060-0040
Estimates of Charges
(1) Estimates must be prepared by the
carrier when requested by the shipper. Estimate forms must be retained for three
years with the freight bill for inspection by the Department’s staff. Estimates
must be:
(a) Free of charge;
(b) Provided in writing;
(c) Given only after visual
inspection of household goods to be shipped;
(d) Non-binding; final charges
must be based upon tariff rates filed with the Department; and
(e) Accompanied by an addendum
when additional services are added and not included in the estimate. Addendum must
be signed by the shipper.
(2) Underestimates for service.
A carrier must not provide underestimates for service. An underestimate occurs when
the charge assessed by the carrier exceeds the original estimate and addendum estimates
for service by more than 10 percent.
(3) When full or partial
payment is due upon delivery and the total tariff charges exceed estimated and addendum
charges by more than 10 percent, a shipper may request deferment of the excess amount
for 15 days. The shipper must pay the estimated charges plus 10 percent at the time
of delivery. The carrier must relinquish possession of the shipment, when the estimated
charges plus 10 percent is received. The 15-day extension does not include Saturdays,
Sundays, and holidays as specified in the carrier’s tariff.
Stat. Auth.: ORS 184.616, 184.619, 823.011
& 825.232
Stats. Implemented: ORS 825.202,
825.204 & 825.224
Hist.: PUC 156, f. 8-6-73,
ef. 8-15-73 (Order No. 73-507); PUC 181, f. 12-30-77, ef. 1-15-78 (Order No. 77-896);
Renumbered from 860-039-0010; PUC 9-1986(Temp), f. & ef. 8-19-86 (Order No.
86-831); PUC 12-1986, f. & ef. 10-2-86 (Order No. 86-1026); PUC 17-1987, f.
& ef. 12-31-87 (Order No. 87-1309); MCT 2-1996, f. & cert. ef. 2-16-96;
Renumbered from 860-069-0010; MCT 3-1996, f. & cert. ef. 3-14-96; MCT 4-1997,
f. & cert. ef. 7-15-97; MCTD 2-2013(Temp), f. 1-17-13, cert. ef. 1-18-13 thru
7-15-13; MCTD 5-2013, f. & cert. ef. 6-20-13
740-060-0045
Criminal Background Checks
(1) Each carrier must obtain a criminal
background check for each employee or any agent representing the carrier whose duties
may require contact with the public or entry into a private residence or storage
facility for the purpose of providing or facilitating the transportation of household
goods. For the purpose of this rule:
(a) Carriers subject to these
requirements are referred to as “Subject Employers.”
(b) Employees or agents whose
duties are described in this rule are referred to as “Subject Individuals.”
(c) Criminal background checks
must be completed prior to employment of Subject Individual and must be completed
every three years.
(2) Criminal Background Check
means a public record of court actions regarding the Subject Individual covering
each state the Subject Individual has resided in the last five years.
(a) Subject Employers must
require each Subject Individual, as a condition of employment, to sign a release
authorizing the Subject Employer to obtain the criminal background check required
by this rule;
(b) The Department may require
Subject Employers to obtain additional criminal background information from law
enforcement on Subject Individuals;
(c) Criminal background checks
must include a list of offenses that the Subject Employee has been convicted in
a court of law and the date of each conviction.
(3) Subject Employers must
certify in their annual report due April 1 of each year that they are in compliance
with all rules of the department and provide the following information about criminal
history check activities:
(a) The number of Subject
Individuals on whom criminal history checks were done during the preceding calendar
year;
(b) The number of criminal
history checks resulting in evidence of a criminal history including:
(A) Information about what
was found without identifying the individual by name; and
(B) The Subject Employer’s
decision as to whether the Subject Individual was hired, or continued in employment,
and if so, an explanation as to why.
(4) Subject Individuals may
not perform duties which may require contact with the public or entry into a private
residence or storage facility for the purpose of providing or facilitating the transportation
of household goods if they have been convicted of any felony within the five years
preceding the criminal background check. In addition to any felony conviction, Subject
Individuals may not have been convicted of a misdemeanor involving:
(a) Theft;
(b) Burglary;
(c) Sexual conduct;
(d) Manufacture, sale or
distribution of a controlled substance;
(e) Identity theft or
(f) False statements.
(5) Criminal background checks
required by this rule must be retained by the carrier for at least three years from
the date obtained.
Stat. Auth.: 184.616, 184.619, 823.011,
825.232
Stats. Implemented: 825.202,
825.204, 825.224, 825.325
Hist.: MCTD 2-2009, f. &
cert. ef. 9-29-09; MCTD 5-2013, f. & cert. ef. 6-20-13
740-060-0055
Additional Fees
Each carrier must pay an annual fee
of $100 or .1 percent of its gross revenue derived from Oregon intrastate household
goods moving activity in the preceding year, whichever is greater. The fee is due
by April 1 and must be reported on a form provided by the Department. A household
goods carrier that fails to pay the fee required by the due date will be subject
to suspension under ORS 825.139.
Stat. Auth.: ORS 184.616, 184.619, 823.011,
825.232
Stats. Implemented: ORS 825.139,
825.247
Hist.: MCTD 9-2003(Temp),
f. 12-12-03, cert. ef. 1-1-04 thru 6-28-04; MCTD 3-2004, f. 6-24-04, cert. ef. 6-29-04;
MCTD 5-2013, f. & cert. ef. 6-20-13
740-060-0060
Signed Receipt for Shipment —
Release Prohibited
Shipping documents or other records
signed by the shipper to acknowledge delivery must not include language that releases
or discharges the carrier from liability. A statement that the property has been
received in apparent good condition except as noted may be included on the shipping
documents.
Stat. Auth.: ORS 184.616, 184.619, 823.011,
825.232
Stats. Implemented: ORS 823.101,
825.224

Hist.: PUC 156, f. 8-6-73,
ef. 8-15-73 (Order No. 73-507); Renumbered from 860-039-0020; MCT 3-1996, f. &
cert. ef. 3-14-96; Renumbered from 860-069-0020; MCTD 5-2013, f. & cert. ef. 6-20-13
740-060-0070
Claims for Loss or Damage
(1) For a shipper to be compensated
for loss or damage, a written claim must be filed with the carrier or carrier’s
agent within three months of the date of delivery.
(2) Acknowledgment of claims.
Written claims for loss or damage to household goods must be acknowledged by the
carrier in writing within 30 calendar days of the receipt of the claim. The carrier
must record the date and time the claim was received.
(3) Handling by carrier.
A carrier must pay, decline, or make a firm compromise settlement offer in writing
to the shipper within 120 days from the date the claim was received. If the claim
is not be resolved within 120 days from the date the claim was received, the carrier
must inform the shipper and the Department of the reason in writing. Written communication
with the shipper and the Department of reasons why the claim is not resolved must
be provided each succeeding 60-day period while the claim remains unresolved.
(4) Register of loss and
damage claims. Every carrier must maintain a freight claim register. The claim register
must show each cargo loss and damage claim received, the claim number, date, and
amount; the waybill or expense bill number and date; name of claimant; kind of commodity;
date claim was paid; total amount paid; or date claim was disallowed and reasons;
amount of salvage recovered, if any; amounts reimbursed by insurance companies,
connecting carriers, or others, and the amount absorbed by the carriers. Claim registers
and supporting documentation must be retained for three years.
Stat. Auth.: ORS 184.616, 184.619, 823.011,
825.232
Stats. Implemented: ORS 823.101,
823.103, 825.202
Hist.: PUC 156, f. 8-6-73,
ef. 8-15-73 (Order No. 73-507); Renumbered from 860-039-0030; MCT 2-1996, f. &
cert. ef. 2-16-96; Renumbered from 860-069-0030; MCT 3-1996, f. & cert. ef.
3-14-96; MCTD 5-2013, f. & cert. ef. 6-20-13
740-060-0080
Determination of Weight for Weight
Distance Moves
(1)(a) A carrier subject to rates based
on weight must determine the gross weight, tare weight and net weight or constructive
weight of a shipment. A carrier transporting shipments of household goods subject
to rates based on the weight of shipment must determine the tare weight of each
vehicle used by having it weighed prior to the transportation of each shipment,
with the driver for the proposed trip but without the crew. The weight must be determined
by a certified weighmaster or on a certified scale, and the fuel tanks on the vehicle
must be full and the vehicle must contain all pads, chains, dollies, hand trucks,
and other equipment needed in the transportation of shipments to be loaded, and
the weight must then be entered on the bill of lading. After the vehicle has been
loaded, it must be weighed, with the same driver and equipment but without the crew,
at the certified scale nearest to the point of origin of the shipment, and the net
weight of the shipment must be obtained by deducting the tare weight from the gross
weight, and both the gross and net weights must be entered on the bill of lading.
Where no certified scale is available at the point of origin, the gross weight must
be obtained at the nearest certified scale either in the direction of the movement
of the shipment, or in the direction of the next pickup or delivery in the case
of part loads. In the transportation of part loads, this rule must apply in all
respects, except that the gross weight of a vehicle containing one or more part
loads must be used as the tare weight of such vehicle as to part loads subsequently
loaded. Also, the person paying the freight charges, or his representative, at the
request of either, must be permitted, without charge, to accompany the carrier to
the weighing station in his own vehicle and to observe the weighing of his shipment
after loading. The carrier must use a certified scale which will permit the shipper
to observe the weighing of his shipment without causing delay; or
(b) If no certified scale
is available at origin at any point en route or at destination, a constructive weight,
based upon 7 pounds per cubic foot of properly loaded van space, may be used, provided
the shipper is notified prior to unloading that this method will be used to determine
weight and charges on the shipment.
(2) Obtaining weight tickets.
The carrier must obtain a weight ticket signed by the weighmaster for each weighing
required under this rule, with tare and gross weights evidenced by separate tickets,
and the driver must enter the number of the bill of lading accompanying the shipment
involved. No other additions or alterations will be made on the ticket. True copies
must be attached to the receipt or bill of lading accompanying the shipment, and
retained in the carrier’s file for three years. A true copy of each weight
ticket pertaining to a shipment must be given to the shipper at the weighing station
if the shipper is present or at delivery of the shipment if the shipper is not present
at the weighing. A part load for any one shipper not exceeding 1,000 pounds may
be weighed on a certified scale prior to being loaded on the vehicle. Additionally,
an automobile or other article weighing in excess of 500 pounds which is mounted
on wheels may be weighed separately by obtaining the weight of such article on a
certified scale prior to loading on the vehicle to be used in its transportation.
(3) Minimum weight shipments.
Before accepting a shipment of household goods for transportation which appears
to be subject to the minimum weight provisions of the carrier’s tariff, the
carrier must advise the shipper of the minimum weight provisions.
(4) Reweighing of shipment.
The carrier must reweigh the shipment, if the shipper requests a reweigh prior to
the delivery date of the shipment. The carrier must inform the shipper, within a
reasonable time prior to the gross reweighing, of the tariff charges and the location
of a certified scale which will be used. The carrier, without altering or deleting
the initial weights, will write on the bill of lading the gross, tare and net weights
on reweigh, and must give the shipper, or his representative, original or true copies
of the weight tickets on reweigh in the same manner as prescribed for initial weighing.
The lower of the two net scale weights must be used for determining the applicable
charges. Charges for reweighing will be determined by tariff rates.
Stat. Auth.: ORS 184.616, 184.619, 823.011
& 825.232
Stats. Implemented: ORS 825.202
Hist.: PUC 156, f. 8-6-73,
ef. 8-15-73 (Order No. 73-507); Renumbered from 860-039-0040; MCT 2-1996, f. &
cert. ef. 2-16-96; Renumbered from 860-069-0040; MCT 3-1996, f. & cert. ef.
3-14-96; MCTD 2-2013(Temp), f. 1-17-13, cert. ef. 1-18-13 thru 7-15-13; MCTD 5-2013,
f. & cert. ef. 6-20-13
740-060-0085
Hourly Rate Local Moves
A carrier must apply a local hourly
rate when a move is wholly within a city limit or commercial zone specified in the
carrier’s ODOT approved local cartage authority. The Department may approve
an extension to the radius of mileage for a commercial zone when approving a tariff.
Stat. Auth.: ORS 184.616, 184.619, 823.011,
825.232
Stats. Implemented: ORS 825.202
Hist.: MCTD 5-2013, f. &
cert. ef. 6-20-13
740-060-0090
Hourly Rate Distance Moves
If a carrier elects to provide an hourly
distance rate, as specified in its tariff, the hourly rate charged for the transit
time to and from the move locations are limited to the following;
(1) The calculation of time
it takes for a carrier to travel from the terminal location to the origin of the
move must be determined by Google Map miles or a truck routing and mileage software
program using the address to address locations to establish the estimated time of
travel to be charged to the shipper.
(2) The return trip from
the destination of the move to the terminal location must be determined by Google
Map miles or a truck routing and mileage software program using the address to address
locations to establish the estimated time of travel to be charged to the shipper.
Stat. Auth.: ORS 184.616, 184.619, 823.011,
825.232
Stats. Implemented: ORS 825.202
Hist.: MCTD 5-2013, f. &
cert. ef. 6-20-13
Local Cartage
740-060-0100
Cartage Areas Exempt from Economic
Regulation
Carriers engaged in the transportation
of household goods moving wholly within the incorporated city limits of each of
the cities as set out in Exhibit 1 are exempt from regulations, pursuant to ORS
825.240. A carrier that performs local cartage moves within the cities specified
in Exhibit 1 must obtain a permit in accordance with ORS 825.127.
[ED. NOTE: Exhibits referenced are available
from the agency
Stat. Auth.: ORS 184.616,
184.619, 823.011, 825.232
Stats. Implemented: ORS 825.127,
825.240
Hist.: PUC 5-1978, f. &
ef. 12-20-78 (Order No. 78-924); Renumbered from 860-039-0050; PUC 1-1983, f. &
ef. 1-17-83 (Order No. 83-024); MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered
from 860-069-0050; MCT 3-1996, f. & cert. ef. 3-14-96; MCTD 2-2009, f. &
cert. ef. 9-29-09; MCTD 5-2013, f. & cert. ef. 6-20-13
740-060-0110
Commercial Zones
(1) The territorial limits of the commercial
zone of each designated city includes the following areas:
(a) Astoria, Oregon includes
all points located within the incorporated city limits of Astoria, Hammond, and
Warrenton and within one (1) airmile distance of their combined city limits;
(b) Coos Bay, Oregon includes
all points located within the incorporated city limits of Coos Bay, Eastside, and
North Bend and within one (1) airmile distance of their combined city limits;
(c) Eugene, Oregon includes
all points located within the incorporated city limits of Eugene and Springfield,
Oregon, and within a three (3) airmile distance of their combined city limits;
(d) Klamath Falls, Oregon
includes all points located within the incorporated city limits of Klamath Falls,
Oregon, and within four (4) airmile distance of the city limits;
(e) Medford, Oregon includes
all points located within the incorporated city limits of Central Point, Jacksonville,
Medford, Phoenix, and the unincorporated community of White City. The Medford Commercial
Zone also includes other points located and within an eight (8) airmile radius of
the intersection of I-5 and Crater Lake Highway (OSH 62);
(f) Salem, Oregon includes
all points located within the incorporated city limits of Salem and Keizer. The
Salem Commercial Zone also includes other points within a three (3) airmile distance
of the city limits of Salem;
(g) Portland, Oregon includes
all points located within the incorporated city limits of Portland, Oregon, and
within a ten (10) airmile distance of said city limits; and includes all of the
area located within the incorporated limits of any city any part of which is located
within a ten (10) airmile distance of the city limits of Portland.
(2) Local Cartage operating
authority of household goods carriers at any city located within a commercial zone
as defined in subsections (1)(a) to (g) of this rule includes transportation of
household goods between all points located within the territorial limits of the
Commercial Zone.
Stat. Auth.: ORS 184.616, 184.619, 823.011,
825.232
Stats. Implemented: ORS 825.234,
825.240
Hist.: PUC 5-1978, f. &
ef. 12-20-78 (Order No. 78-924); PUC 2-1980, f. & ef. 3-27-80 (Order No. 80-179);
PUC 7-1980, f. & ef. 11-6-80 (Order No. 80-845); Renumbered from 860-039-0060;
PUC 16-1983, f. & ef. 12-28-83 (Order No. 83-863); MCT 2-1996, f. & cert.
ef. 2-16-96; Renumbered from 860-069-0060; MCT 3-1996, f. & cert. ef. 3-14-96;
MCTD 5-2013, f. & cert. ef. 6-20-13

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