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The Interim Final Rule

The Interim Final Rule. Transportation of Household Goods; Consumer Protections RIN 2126-AA32. May 5, 2004. Transportation of Household Goods; Consumer Protections RIN 2126-AA32. The interim final rule:  Amends ( 49 CFR Part 375) regulations governing the interstate

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The Interim Final Rule

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  1. The Interim Final Rule Transportation of Household Goods; Consumer Protections RIN 2126-AA32 May 5, 2004

  2. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 The interim final rule:  Amends (49 CFR Part 375) regulations governing the interstate transportation of household goods. It impacts:  Approximately 4,000 active household goods carriers.  Approximately 600,000 moves each year. • Represents 40 percent of the moving industry’s business. • The other 60 percent are self-haul, intrastate, corporate, and government moves that either have not been regulated (self-haul and intrastate) by the Federal government or were de-regulated in 1995 (corporate and government). Industry Compliance and Enforcement Date: May 5, 2004

  3. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 Why an Interim Final Rule? ● Office of Management and Budget (OMB) wanted to have an opportunity to review the information collection requirements. ● OMB completed its review and approved the information collection requirements on June 19, 2003.

  4. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 Background: 1940-1995 The Interstate Commerce Commission (ICC) administered household goods regulations. 1996 Congress terminated the ICC and transferred the household goods program to the Federal Highway Administration (FHWA). 1998 FHWA published a Notice of Proposed Rulemaking requesting comments on its proposal to update the household goods regulations. 1999 Congress authorized FMCSA to regulate household goods carriers engaged in interstate operations in the Motor Carrier Safety Improvement Act of 1999.

  5. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 • The interim final rule: • Establishes parameters of fair dealing for movers. • Specifies how interstate household goods carriers (movers) must assist their individual customers who ship household goods. • Provides a reasonable level of protection to consumers of household goods moves. •  Seeks to equip consumers with information adequate to • make informed decisions about moving their household • goods. •  Extends many regulations to household goods brokers.

  6. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 The interim final rule:  Updates the regulations to make them easier to understand.  Question and answer format

  7. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 This interim final rule:  Ensures consumers are aware of the mover’s liability for loss or damaged goods  Specifies what must be in agreements with agents  Specifies what must be in advertisements  Specifies what must be in complaint and inquiry systems.  Requires a mandatory dispute settlement program for loss and damage claims

  8. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 This interim final rule also requires specific procedures in the:  Transportation of Shipments Reasonable Dispatch Delivery of Shipments Collection of Charges

  9. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 This interim final rule requires:  Consumers are furnished a copy of “Your Rights and Responsibilities when You Move” when estimates are provided  Written estimates  The following documents must be provided to consumers in writing before loading • Order-of-Service • Inventory • Bill-of-Lading • Weighing of non-binding shipments • If the charges are based on weight

  10. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 “Your Rights and Responsibilities When You Move” ● This pamphlet provides basic information to help the consumer understand the documents the mover will ask consumers to sign. ● Explains the consumers rights if their household goods are lost or damaged by the mover. ● Copy is available on the FMCSA Web site at www.fmcsa.dot.gov

  11. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 “Your Rights and Responsibilities When You Move” Includes the following topics: • What is included in the Pamphlet • General Requirements • Before Requesting Services from any Mover • Service Options Provided • Estimating Charges

  12. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 “Your Rights and Responsibilities When You Move” Includes the following topics - continued: • Pickup of My Shipment of Household Goods • Transportation of My Shipment • Delivery of My Shipment • Collection of Charges • Resolving Disputes with My Mover

  13. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 “Your Rights and Responsibilities When You Move” Important Points ● Movers must give written estimates. ● Movers may give binding estimates. ● Non-binding estimates are not always accurate; actual charges may exceed the estimate. ● You should not sign blank or incomplete documents or allow anyone representing you to do so.

  14. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 “Your Rights and Responsibilities When You Move” Important Points ● You may request a guaranteed pick up and delivery date. ● Be sure you understand the mover's responsibility for loss or damage. ● Request an explanation of the difference between valuation and actual insurance.

  15. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 “Your Rights and Responsibilities When You Move” Important Points ● You have the right to be present each time your shipment is weighed. ● You may request a reweigh of your shipment. ● If you agree to move under a non-binding estimate, you should confirm with your mover‑in writing‑the method of payment at delivery as cash, certified check, cashier's check, money order, or credit card.

  16. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 “Your Rights and Responsibilities When You Move” Important Points ● Movers must offer a dispute settlement program as an alternative means of settling loss or damage claims. ASK YOUR MOVER FOR DETAILS. ● You should ask the person you speak to whether he/she works for the actual mover or a household goods broker. ● A household goods broker only arranges for the transportation. ● A household goods broker must not represent itself as a mover. ● You should know a household goods broker generally has no authority to provide you an estimate on behalf of a specific mover.

  17. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 “Your Rights and Responsibilities When You Move” Important Points • You may request complaint information about movers from FMCSA. ● You should seek estimates from at least three different movers. ● You should not disclose any information to the different movers about their competitors, as it may affect the accuracy of their estimates.

  18. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 Enforcement  FMCSA has the authority to enforce this regulation.  Penalties will be assessed as provided by 49 U.S.C. Chapter 149, Civil and Criminal Penalties.

  19. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 Enforcement To address industry concerns, FMCSA will implement an enforcement policy to reflect the following: • No enforcement of HHG shipments contracted before May 5, 2004. • All shipments contracted for on or after May 5 will be subject to he new requirements. • Enforcement of regulatory provisions requiring changes to forms (e.g. bills of lading) will begin on July 1, 2004. • Distribution of the revised Your Rights and Responsibilities When You Move pamphlet must take place beginning on May 5, 2004.

  20. Transportation of Household Goods; Consumer Protections RIN 2126-AA32 Consumer Assistance  A complaint can be filed against the mover by –  Calling FMCSA’s consumer complaint hotline (1-888-368-7238) between the hours of 10:00 a.m. and 6:00 p.m. eastern time, Monday through Friday, or  Accessing the FMCSA’s Web site at www.fmcsa.dot.gov  The complaint may trigger a Federal enforcement investigation against the mover.  FMCSA does not have authority to resolve loss and damage claims against a moving company. • Appropriate settlement remedies, include: • Use of mover’s dispute settlement program • Litigating in the appropriate civil court

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