PURPOSE: The Division of Transportation has authority to establish rules concerning motor carrier operation. This rule sets forth definitions of terms used by that segment of the motor carrier industry which transports household goods, requires the distribution of an informational pamphlet, provides for the preparation of inventories, sets forth the requirements of a bill of lading, establishes guidelines for delivery when actual charges exceed estimated charges, establishes guidelines for handling claims for loss or damage to property, provides for the filing of agency agreements, establishes guidelines for recordkeeping and requires tariff provisions pertaining to exclusive use of vehicles and reservations for a portion of a vehicle. This rule is promulgated to protect the consumer when utilizing household goods carriers.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the rule has been filed with the secretary of state. The entire text of the rule may be found at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) The following definitions are applicable to the transportation of household goods in intrastate commerce:

   1. (A) Agency arrangement means a business relationship covered by a written contract or agreement under which an agent provides a transportation service for a principal-carrier;
   2. (B) Agent means a person who acts for or in place of a principal-carrier, by the authority and on account of a principal-carrier, acting in this capacity through an agency agreement;
   3. (C) Household goods carrier means the holder of a certificate of public convenience and necessity issued by this division either specifically authorizing the transportation of household goods or authorizing the transportation of general commodities and the carrier has filed with the division rates, charges and rules concerning the transportation of household goods; and
   4. (D) Principal-carrier means a household goods carrier whose method of operation utilizes the service of agents under an agency arrangement.
2. (2) Each household goods carrier shall prepare an inventory of all articles to be shipped in those instances in which shipment will be mixed with another shipment and in those 4 CSR 265-10

instances in which a shipment is bound for a storage facility. In all other instances, the carrier shall offer to give the shipper an inventory of all articles to be shipped before taking possession of the goods. An inventory shall be prepared if requested by the shipper or his/her representative, or if desired by the carrier. The inventory shall be signed by the shipper or his/her representative and by the carrier or its agent. A copy of the completed inventory shall be dated and furnished to the shipper or his/her representative at the point of origin of the shipment.

1. (3) Every household goods carrier who receives household goods for transportation shall issue and provide to the shipper a bill of lading for these goods, which bill of lading shall contain, at a minimum, the following information:

   1. (A) Name, address and phone number of the carrier, his/her agent, or both;
   2. (B) Division of Transportation certificate number and bill of lading number;
   3. (C) Shipper’s name, address and phone number (if any);
   4. (D) Consignee’s name, address and phone number (if any);
   5. (E) Shipper notification instructions (if any);
   6. (F) Agreed pick-up and delivery dates (if any);
   7. (G) Information concerning gross, tare and net weights;
   8. (H) Information concerning containers, packing and unpacking;
   9. (I) All special services requested by shipper;
   10. (J) Information concerning additional services performed;
   11. (K) Valuation information;
   12. (L) Information concerning estimate (if made);
   13. (M) An itemized statement of all charges, payments and balance due (if any);
   14. (N) Total amount required to be paid upon delivery of shipment; and
   15. (O) Signature of both shipper and carrier or his/her agent.
2. (4) If requested by a shipper, a household goods carrier shall provide an estimate of the total charges for the proposed shipment. If the charges are to be paid at the time of delivery and the actual charges exceed by more than ten percent (10%) the amount of the estimate, the carrier may negotiate with the shipper for a settlement of the total charge. When the carrier and shipper are unable to negotiate a settlement, the carrier shall relinquish possession of the shipment to the shipper or his/her representative, if the shipper will pay one hundred ten percent (110%) of the estimated charge and execute a promissory note payable to the carrier in the amount of the unpaid charge with interest at a lawful rate. If the actual charges for the shipment exceed the amount of the estimate by ten percent (10%) or less, the carrier may negotiate with the shipper for a settlement of the total charge.
3. (5) Every household goods carrier who receives a written claim for loss or damage to household goods transported by it shall acknowledge receipt of the claim, in writing, to the claimant within thirty (30) calendar days after the household goods carrier or its agent receives the written claim. The household goods carrier, at the time the claim is received, shall cause the date of receipt to be recorded on the claim and shall maintain a claim register. The household goods carrier, within one hundred twenty (120) days after the receipt of the claim, shall tender payment, decline payment or make a firm compromise settlement offer in writing to the claimant.

4. (6) Agency Agreements.

   1. (A) Each household goods carrier shall file with the division a copy of all active agency agreements in which it is acting as a principal-carrier.
   2. (B) All agency agreements shall be in writing and signed by both the principal-carrier and the agent. Agreements will be available by the division for public inspection.
5. (7) Each household goods carrier, whether or not it operates as a principal-carrier, shall maintain a complete file of consecutively numbered bills of lading for not less than two years after the date of issuance for inspection and audit by the division. A separate series of bills may be used for different agents. All correspondence, complaints and claims relating to particular movements of household goods shall be the responsibility of the household goods carrier under whose authority the transportation was performed.

6. (8) A household goods carrier, by a tariff filed with and approved by the Division of Transportation, may provide for exclusive use service. For purposes of this rule, the term exclusive use service means a transportation service in which only those household goods designated by the shipper shall be loaded on the vehicle. Subject to the carrier’s equipment availability, a shipper may reserve a portion of the capacity of a vehicle by ordering a specific quantity of space. The charge for the service shall be based on the actual cubic feet occupied by the shipment in accordance with a tariff filed with and approved by the Division of Transportation. The service shall be offered at seven (7) pounds per cubic foot, with a minimum space to be reserved of not less than one hundred fifty (150) cubic feet, and a maximum total space to be reserved of not more than one thousand (1000) cubic feet with the following cubic feet increments:

   Personal Effects and Property Used or to be Used in a Dwelling When a Part of the Equipment or Supply of the Dwelling:

150 cubic feet or less . . . . . .1050 pounds 200 cubic feet . . . . . . . . . . .1400 pounds 300 cubic feet . . . . . . . . . . .2100 pounds 400 cubic feet . . . . . . . . . . .2800 pounds 500 cubic feet . . . . . . . . . . .3500 pounds 600 cubic feet . . . . . . . . . . .4200 pounds 700 cubic feet . . . . . . . . . . .4900 pounds 800 cubic feet . . . . . . . . . . .5600 pounds 900 cubic feet . . . . . . . . . . .6300 pounds 1000 cubic feet . . . . . . . . . .7000 pounds

If a shipper elects to use space reservation service or exclusive use service for the transportation of personal effects and property used or to be used in a dwelling when a part of the equipment or supply of the dwelling, the carrier shall document the fact that s/he or his/her agent explained these types of service to the shipper or his/her representative and that the shipper or his/her representative elected to use space reservation or exclusive use service. The attached form, Appendix A, signed by the shipper will satisfy the requirements of this rule. Dear Prospective Shipper:

For movements of household goods within Missouri there are four types of service that you may choose from. YOUR MOVING COMPA-

NY REPRESENTATIVE WILL EXPLAIN EACH TYPE OF SERVICE IN DETAIL. Your choice will depend upon your individual need. Your signature is required only if you select option three or option four. An example of the four different types of service and their costs is outlined below. This example is based on the line haul charges from St. Louis to Jefferson City or 122 miles based on a weight of 2500 lbs. for the following options:

OPTION ONE Service at Example Weight SERVICE WILL BE PERFORMED WITHOUT AGREED PICKUP OR DELIVERY DATES WHEN YOUR SHIPMENT WEIGHS LESS THAN 5000 POUNDS. ACTUAL WEIGHT AGREED LOADING DATES: _______________________________________ LOADING DATES _________________________________ AGREED DELIVERY DATES_ ______________________________________ DELIVERY DATES ________________________________

OPTION TWO Specific Day Service At Example Weight MINIMUM CHARGE SHALL BE BASED ON 5000 POUNDS. Example Weight and Charges 2500 as 5000 ×12.23 = $611.50

AGREED LOADING DATES: _______________________________________ LOADING DATES _________________________________ AGREED DELIVERY DATES_ ______________________________________ DELIVERY DATES ________________________________

OPTION THREE Space Reservation BASED UPON A MINIMUM OF 150 CUBIC FEET AT 7 POUNDS PER CUBIC FOOT OFFERED IN INCREMENTS OF 100 CUBIC FEET TO A MAXIMUM OF 1000 CUBIC FEET (2500 lbs.+7 lbs. per cubic foot or 400 cubic feet = 2800 × 15.01 = $400.28). AGREED LOADING DATES: _______________________________________ LOADING DATES _________________________________ AGREED DELIVERY DATES_ ______________________________________ DELIVERY DATES ________________________________

OPTION FOUR Exclusive Use of a Vehicle (No other goods shall be loaded on the vehicle with yours.) 14 Foot Van VEHICLE SIZE ___________________________________________________ VEHICLE SIZE ___________________________________ (minimum 5000 × 12.23 = $611.50) SHIPPING WEIGHT _______________________________________________ SHIPPING WEIGHT _______________________________

(1000 as 8000 ×10.24 = $819.24)

_________________________________________________

AGREED LOADING DATES: _______________________________________ LOADING DATES _________________________________ AGREED DELIVERY DATES_ ______________________________________ DELIVERY DATES ________________________________

The four options above have been explained to me and I have chosen

Option _______________________________________________________________________ . _______________________________________________________________________________________ Appendix A Moving Company Name Types of Service Offered

May 1, 1982 May 2, 1982

May 1, 1982 May 2, 1982

May 1, 1982

May 1, 1982

Shipper’s Signature 4 CSR 265-10

Service at Estimated Weight

Specific Day Service Actual

Cost _____________________________________________

Space Reservation

Exclusive Use Actual Optional service offerings are available dependent upon the particular needs of the shipper. If a shipper elects to use space reservation service or exclusive use service for the transportation of personal effects and property used or to be used in a dwelling when a part of the equipment or supply of the dwelling, the carrier is required to obtain the shipper’s signature on a form to insure that the options have been explained to the shipper and that the shipper has chosen a specific service.

AUTHORITY: section 622.027, RSMo 1994.* This rule was previously filed as 4 CSR 265- 10.070. Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, terminated Dec. 19, 1994. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency amendment filed Aug. 19, 1996, effective Aug. 29, 1996, expired Feb. 24, 1997. *Original authority 1985, amended 1993, 1995.