PURPOSE: The Missouri Highways and Transportation Commission has authority to establish rules concerning motor carrier operations. 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, establishes guidelines for record keeping 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.

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 commission either specifically authorizing the transportation of household goods and the carrier has filed with the commission 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 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.

3. (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) United States Department of Transportation (USDOT) 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.
4. (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.
5. (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.
6. (6) Agency Agreements. All agency agreements shall be in writing and signed by both the principal-carrier and the agent. Agreements will be made available to the commission for public inspection.
7. (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
8. (2) years after the date of issuance for inspec- 7 CSR 265-10

tion and audit by the commission. A separate series of bills of lading 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.

1. (8) A household goods carrier, by a tariff filed with and approved by the commission, 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. The charge for the service shall be based on the length of the vehicle ordered in accordance with a tariff filed with and approved by the commission. If the carrier is unable to furnish a vehicle of specific length ordered and furnishes a longer vehicle, the charge to the shipper shall be based on the specific length ordered not on the vehicle length provided by the household goods carrier.
2. (9) Subject to the availability of carrier equipment, the shipper may reserve a portion of the space of a vehicle. Space reservation 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

3. (150) cubic feet, and a maximum total space to be reserved of not more than one thousand (1,000) 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 . . . . . .1,050 pounds 200 cubic feet . . . . . . . . . .1,400 pounds 300 cubic feet or less . . . . . .2,100 pounds 400 cubic feet . . . . . . . . . .2,800 pounds 500 cubic feet or less . . . . . .3,500 pounds 600 cubic feet . . . . . . . . . .4,200 pounds 700 cubic feet or less . . . . . .4,900 pounds 800 cubic feet . . . . . . . . . .5,600 pounds 900 cubic feet or less . . . . . .6,300 pounds 1,000 cubic feet . . . . . . . . .7,000 pounds

1. (10) 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 household goods 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 agreed upon loading dates, delivery dates, vehicle size, shipment weight and costs of space reservation or exclusive use service shall be specified on the bill of lading.

AUTHORITY: section 622.027, RSMo 2000.* This rule was previously filed as 4 CSR 265- 10.070 and 4 CSR 265-10.080. 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. Moved to 7 CSR 265-10.080, effective July 11, 2002. Emergency amendment filed Sept. 13, 2007, effective Oct. 3, 2007, expired March 30, 2008. Amended: Filed Sept. 13, 2007, effective March 30, 2008.

*Original authority: 622.027, RSMo 1985, amended 1993, 1995.