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Oregon Bulletin

March 1, 2013

Department of Transportation, Motor Carrier Transportation Division, Chapter 740

Rule Caption: Annual re-adoption of IRP, HVUT and IFTA regulations

Adm. Order No.: MCTD 1-2013

Filed with Sec. of State: 1-17-2013

Certified to be Effective: 1-17-13

Notice Publication Date: 12-1-2012

Rules Amended: 740-200-0010, 740-200-0020, 740-200-0040

Subject: The amendment of OAR 740-200-0010 constitutes an adoption of the rules of the International Registration Plan (IRP) to the date of January 1, 2013. Title 26 Code of Federal Regulations Part 41 (HVUT) requires the State to confirm proof of payment of the tax, and require proof of payment by the State as a condition of issuing a registration for a highway motor vehicle. The amendment of OAR 740-200-0020 adopts HVUT and its amendments with the effective date of January 1, 2013, and ensures Oregon remains current with national commercial motor vehicle registration standards. International Fuel Tax Agreement (IFTA) and associated material are applicable to Oregon-based motor carriers who participate in IFTA as a way to report and pay fuel tax to other jurisdictions. The revision to OAR 740-200-0040 adopts the most recent version of IFTA and associated material as the procedures and guidelines for Oregon-based IFTA participants with the effective date of January 1, 2013 to ensure Oregon remains current with the international IFTA standards.

Rules Coordinator: Lauri Kunze—(503) 986-3171

740-200-0010

Prorate Registration

(1) The provisions contained in the “International Registration Plan” (IRP), the IRP Audit Procedures Manual and all amendments thereto in effect January 1, 2013, are hereby adopted and prescribed by the Oregon Department of Transportation and apply to the apportioned registration of vehicles. Unless otherwise revised by written delegation, the designated person to cast a vote on an IRP ballot for Oregon is the Administrator of the Motor Carrier Transportation Division.

(2) In addition to the requirements described in section (1) of this rule, the following requirements apply to Oregon-based motor carriers who participate in IRP:

(a) Records required to be maintained for distance data must denote intermediate trip stops;

(b) Audit assessments are subject to penalty, late payment charges and interest described in IRP and the IRP Audit Procedures Manual;

(c) Any person against whom a proposed assessment is made by the Department may petition the Department for reassessment within 30 days after service upon the person of the assessment notice. If a petition for reassessment is not filed within the 30-day period, the assessment becomes final. If a petition for reassessment is timely filed, the Department will reconsider the assessment. The decision of the Department upon a petition for reassessment will become final 30 days after notice of the decision is served upon the petitioner. A petitioner may submit a request for hearing in the petition for reassessment; and

(d) If a request for hearing is timely received, a hearing will be scheduled and conducted in accordance with the provisions of ORS Chapter 183. The petitioner will be provided a minimum of 10 days notice of the time and place of the hearing. The Department may assess a penalty of $150 for failure to appear at a scheduled hearing.

(3) The mileage reporting period for application and renewal purposes will be the previous July through June twelve-month period.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 826.003
Stats. Implemented: ORS 826.005 & 826.007
Hist.: PUC 8-1990, f. & cert. ef. 5-25-90 (Order No. 90-834); PUC 7-1993, f. & cert. ef. 3-19-93 (Order No. 93-285); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-081-0005; MCTB 6-2002, fr. & cert. ef. 11-18-02; MCTD 8-2003, f. & cert. ef. 11-18-03, cert. ef. 1-1-04; MCTD 4-2004, f. 12-28-04, cert. ef. 1-1-05; MCTD 2-2008, f. 6-23-08, cert. ef. 7-1-08; MCTD 1-2011, f. & cert. ef. 2-18-11; MCTD 6-2012, f. & cert. ef. 7-19-12; MCTD 1-2013, f. & cert. ef. 1-17-13

740-200-0020

Adoption of Federal Rules Governing Payment of Heavy Vehicle Use Tax (HVUT)

The Department hereby adopts the rules of the United States Internal Revenue Service contained in 26 CFR Part 41 (HVUT) and all amendments thereto in effect January 1, 2013. These rules apply to carriers conducting operations subject to ORS Chapter 826. As provided in CFR Title 26 Part 41.6001-2(b)(3), the Department will suspend the registration of a vehicle for which proof of HVUT payment has not been received within four months of the effective date of registration.

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 826.003
Stats. Implemented: ORS 803.370(5) & 826.007
Hist.: PUC 19-1990, f. & cert. ef. 12-31-90 (Order No. 90-1919); PUC 7-1993, f. & cert. ef. 3-19-93 (Order No. 93-285); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-081-0015; MCTB 6-2002, fr. & cert. ef. 11-18-02; MCTD 8-2003, f. & cert. ef. 11-18-03, cert. ef. 1-1-04; MCTD 4-2004, f. 12-28-04, cert. ef. 1-1-05; MCTD 2-2008, f. 6-23-08, cert. ef. 7-1-08; MCTD 1-2011, f. & cert. ef. 2-18-11; MCTD 2-2012, f.& cert. ef. 2-21-12; MCTD 1-2013, f. & cert. ef. 1-17-13

740-200-0040

Adoption of International Fuel Tax Agreement

(1) The provisions contained in the International Fuel Tax Agreement (IFTA) Articles of Agreement, the IFTA Audit Manual and the IFTA Procedures Manual, and all amendments thereto in effect January 1, 2013, are hereby adopted and prescribed by the Oregon Department of Transportation (ODOT) and apply to Oregon-based motor carriers who participate in IFTA.

(2) In addition to the requirements described in section (1) of this rule, the following requirements apply to Oregon-based motor carriers who participate in IFTA:

(a) Records required to be maintained for distance data must denote intermediate trip stops;

(b) Records of monthly over the road and bulk fuel reconciliations must be maintained;

(c) The Department will assess a penalty of $50 or 10 percent of the amount of delinquent taxes due, whichever is greater, for failing to file a return, filing a late return, or underpaying taxes due on a return;

(d) The Department will assess a penalty of 10 percent of the amount of delinquent taxes due, for additional assessments as the result of an audit;

(e) Any person against whom a proposed assessment is made by the Department may petition the Department for reassessment within 30 days after service upon the person of the assessment notice. If a petition for reassessment is not filed within the 30-day period, the assessment becomes final. If a petition for reassessment is timely filed, the Department will reconsider the assessment. The decision of the Department upon a petition for reassessment will become final 30 days after notice of the decision is served to the petitioner. A petitioner may submit a request for hearing in the petition for reassessment; and

(f) If a request for hearing is timely received, a hearing will be scheduled and conducted in accordance with the provisions of ORS Chapter 183. The petitioner will be provided a minimum of 10 days notice of the time and place of the hearing. The Department may assess a penalty of $150 for failure to appear at a scheduled hearing.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619 & 823.011

Stat. Implemented: ORS 825.490, 825.494 & 825.555
Hist.: MCTB 6-2002, fr. & cert. ef. 11-18-02; MCTD 8-2003, f. & cert. ef. 11-18-03, cert. ef. 1-1-04; MCTD 4-2004, f. 12-28-04, cert. ef. 1-1-05; MCTD 2-2008, f. 6-23-08, cert. ef. 7-1-08; MCTD 4-2009, f. 12-22-09, cert. ef. 1-1-10; MCTD 1-2011, f. & cert. ef. 2-18-11; MCTD 2-2012, f.& cert. ef. 2-21-12; MCTD 1-2013, f. & cert. ef. 1-17-13


 

Rule Caption: Intrastate household goods transportation regulations

Adm. Order No.: MCTD 2-2013(Temp)

Filed with Sec. of State: 1-17-2013

Certified to be Effective: 1-18-13 thru 7-15-13

Notice Publication Date:

Rules Amended: 740-060-0030, 740-060-0040, 740-060-0080

Subject: This temporary rule will correct the concern of using hourly charges for distance moves by limiting the amount time a mover can charge for transit time by using a mileage software program to determine the travel time. In addition, the temporary rule will require all movers to provide an estimate in writing when requested by the shipper.

Rules Coordinator: Lauri Kunze—(503) 986-3171

740-060-0030

General Information for Moving Household Goods in Oregon

The text of the information bulletin, “General Information for Moving Household Goods in Oregon,” must include the following:

(1) The Oregon Department of Transportation requires the mover to give you this bulletin to provide information about purchasing the services of a motor carrier moving company. It tells you about your rights and responsibilities when having household goods moved within Oregon.

(2) Moving company rates and services are regulated by ODOT when the origin and destination of a move are within Oregon.

(3) If, after discussing your move with the mover, you still need information or assistance, you may obtain help by contacting ODOT, 550 Capitol Street NE, Salem, Oregon 97301-2530, (503) 378-5987, or online at: www.odot.state.or.us/trucking/special/moving.htm.

(4) ESTIMATES:

(a) Estimates are free of charge. You may obtain more than one estimate in order to compare movers and service. Be sure to tell each estimator the same information in order to compare service and quality of estimates;

(b) Estimates must be in writing. An estimate of charges may only be given after a visual inspection of the goods by the mover. Oral or telephone estimates are not permitted;

(c) You should NOT select a mover based solely on the lowest estimate provided because estimates are not binding and may differ from the final cost;

(d) Be cautious if you receive a very low estimate as compared to other estimates. All services may not have been included or it may not be accurate.

(e) BINDING ESTIMATES OR GUARANTEES OF ACTUAL CHARGES ARE ILLEGAL ON INTRASTATE TRANSPORTATION OF HOUSEHOLD GOODS IN OREGON;

(f) FINAL CHARGES FOR MOVES MUST BE BASED UPON RATES PUBLISHED IN THE MOVER’S TARIFF AND APPROVED BY THE PUC OR ODOT, REGARDLESS OF ANY ESTIMATE GIVEN BY THE MOVER PRIOR TO THE MOVE.

(5) CHANGES/ADDITIONAL SERVICE REQUIRES AN ADDENDUM ESTIMATE: When a written estimate of cost for services has been given to you, but additional services (not included on the first estimate) are needed, an addendum estimate must be prepared. This means that if you ask for additional materials or service, or an unforeseen circumstance arises, a second estimate must be given to you. An addendum estimate must clearly show you any extra estimated costs, and be signed by you as authorized.

(6) ESTIMATES FOR DELIVERY INTO STORAGE:

(a) If your shipment will be put into storage, be sure to look at the origin and destination address(es) on the estimate. This will tell you if the estimate is for one-way transportation only (into the warehouse), or for the complete trip to the final destination;

(b) If needed, ask for a second estimate of charges for removing your goods from storage and delivering them to the final site;

(c) Be sure the estimate includes the warehouse handling and storage charges. Generally, new storage charges are added monthly.

(7) UNDERESTIMATES:

(a) ODOT rules do not allow movers to provide underestimates for service. It is an underestimate if the final charge is higher than 10 percent of the original estimate, and addendum estimate (if any);

(b) ODOT requests that you contact them if this happens so that the situation may be investigated. ODOT may file a formal complaint against a mover for underestimating;

(c) If an underestimate does occur, you must still pay the total tariff charges because estimates are not binding;

(d) If payment is due upon delivery, the amount that must be paid is the estimated (and addendum estimate amount, if any) amount plus 10 percent. The excess amount is the amount above that. You may request deferred payment of the excess amount for 15 days. The 15-day extension does not include Saturdays, Sundays, or holidays.

(8) HOURLY RATED LOCAL MOVES:

(a) Local moves are generally within an area of 30 airmiles and are charged for on an hourly basis. Hourly rates depend upon the number of persons and vehicles employed on the job and whether overtime is involved;

(b) No inventory listing is required to be made by the mover on local hourly moves. You may wish to prepare your own inventory and count the items and boxes as they are loaded and unloaded. Discuss this with the mover in advance because a successful loss or damage claim settlement may depend on it.

(9) INTERCITY MOVES; RATED ON WEIGHT AND MILEAGE OR BASED ON HOURLY RATE:

(a) An intercity move is generally between cities more than 30 airmiles apart These types of moves can be charged on a weight distance rate or on an hourly rate, as specified in the carrier’s tariff. Hourly rate limitations for distance moves are detailed in subpart (f) of this section.

(b) The weight distance rate is published in cents per 100 pounds. The charges increase in relation to the weight of the shipment and the distance moved. Accessorial services are charged separately;

(c) An inventory of items must be prepared by the mover for an intercity shipment prior to loading. The inventory document will be coded to list any pre-existing damage of your goods. This is so that the condition of your goods may be established at origin in case of a later claim;

(d) After completing the inventory, the driver and you should sign each page of the inventory. You have a right to note any disagreement with entries regarding damage or unusual wear noted by the mover. Your ability to recover from the mover for any loss or damage may depend on the notations made;

(e) The driver must give you a copy of each page of the inventory. You should attach your copy of the inventory to your copy of the bill of lading. It is your receipt for the goods.

(f) 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 location is limited to the following;

(A) 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 using the address to address locations to establish the estimated time of travel to be charged to the shipper.

(B) The return trip from the destination of the move to the terminal location must be determined by Google Map miles using the address to address locations to establish the estimated time of travel to be charged to the shipper.

(10) PACKING YOURSELF:

(a) Caution: Generally, a moving company will NOT accept liability for items you pack yourself (unless the mover is negligent in handling the items). Any items you pack must be able to withstand the normal rigors (shaking) of transportation. Discuss this with the mover. Consider asking the mover to pack any fragile items for you;

(b) Do not pack jewelry, money, or valuable papers with your belongings. Never pack matches, flammables, or other dangerous articles.

(11) VALUATION OPTIONS:

(a) Notice: A household goods mover’s liability for loss or damage caused by the mover is limited in Oregon to 60 cents per pound per article based upon the actual weight of each article;

(b) Additional valuation protection may be purchased from the mover or an insurance company of your own choosing;

(c) You may want to check with your own insurance company first. Ask whether your insurance coverage applies when your goods are transported by a for-hire carrier;

(d) YOU ARE FREE TO PURCHASE INSURANCE FOR YOUR GOODS FROM SOMEONE OTHER THAN THE MOVER;

(e) Valuation protection options are available from the mover depending on your declared value of the goods. Movers must include in their information bulletin the valuation protection option(s) they offer, which may include:

(A) Option 1. Released Value Protection/Almost No Coverage. This type of valuation pays up to 60 cents per pound per article for any lost or damaged article. For example, it would pay a maximum of $30.00 for a 50-pound table ($.60 x 50 lbs.). You are not required to pay an extra charge for this option;

(B) Option 2. Depreciated Value Protection. The weight of your goods is multiplied by $1.25 per pound to figure the value of your goods, or you may declare a lump sum value of your goods. The greater of the two value figures will be used to calculate the amount you must pay for this protection. Ask your mover for the current price of this option. Any items lost or damaged are subject to depreciation under this option;

(C) Option 3. Replacement Cost Protection. The weight of your goods is multiplied by $3.50 per pound to figure the value of your goods, or you may declare a value of $10,000 or more. The greater of the two value figures will be used to calculate the amount you must pay for this protection. Ask your mover for the current price of this option. Depreciation does not apply under this option; and

(D) Valuation protection options, other than those found in paragraphs (A), (B) and (C) of this subsection may be offered by the mover, when approved by the Department.

(12) ADDITIONAL VALUATION INFORMATION:

(a) Hourly rated shipments are not usually weighed, so a lump sum value must be declared if you wish to purchase depreciated value or replacement cost protection;

(b) If NO option is chosen and signed by you on the bill of lading, the mover will assign depreciated value protection (Option 2 in paragraph (11) (e)(B) of this rule). You will be required to pay the valuation charge for this protection;

(c) Be sure the bill of lading has the option you have chosen before you sign it;

(d) Caution: If the actual value of your goods is higher than the amount you declare on the bill of lading, you may NOT be fully covered. If you are unsure of the value of your goods, you should check your homeowner’s policy or call your insurance agent.

(13) POINTS TO REMEMBER:

(a) Bill of Lading Contract: The bill of lading is a contract between you and the mover. The mover is required by law to prepare a bill of lading for every shipment it transports;

(b) Get a copy of the bill of lading from the driver who loads the shipment before your goods leave the point of origin. It must show the mover’s name, address, and telephone number, the address and telephone number furnished by you to which the mover can send messages regarding your shipment, the location to which your goods are moving, the date of loading, the preferred delivery date and the declared value of your goods;

(c) It is your responsibility to read the bill of lading before you sign it. If you do not agree with something on the bill of lading, do not sign it until you are satisfied that the bill of lading shows what service you want;

(d) The bill of lading requires the mover to provide the service you have requested, and requires you to pay the mover the charges for those services. The bill of lading is an important document. Do not lose or misplace your copy. Have it available until your shipment is delivered. Keep it until all charges are paid and all claims, if any, are settled;

(e) Weights: The transportation charge for an intercity move is based on the actual weight of the shipment and distance moved, plus the charge for any accessorial services provided. If you question the weight reported by a mover, you may request that the shipment be reweighed prior to delivery when scales are available. You may be assessed an extra charge for reweighing.

(14) AT DELIVERY, CHECK FOR LOSS OR DAMAGE:

(a) At the time of delivery, check for missing items and for damage. If an inventory was prepared, it is your responsibility to check the items delivered against the items listed on the inventory;

(b) If any item is missing, or new damage is discovered, discuss it with the driver. Make a record of the missing or damaged goods on the driver’s copy and your copy of the bill of lading or inventory;

(c) After the shipment is unloaded, the driver will request that you sign the bill of lading and/or inventory sheets to show that you received the items listed. Do not sign these documents until your notations have been made if any items are missing or damaged;

(d) A claim settlement may depend on whether these notations were made by you at the time of delivery. Keep any evidence, such as crushed cartons, until the claim is settled.

(15) LOSS OR DAMAGE CLAIMS:

(a) Should your move result in the loss or damage to any of your property, you have the right to file a claim with the mover to recover for such loss or damage. Claims must be filed with the moving company in writing within three months from the date of delivery. You should, however, file a claim as soon as possible. Claim forms may be obtained from the mover;

(b) After receipt of your claim, the mover must:

(A) Acknowledge receipt of your claim by notifying you in writing within 30 days;

(B) Pay, decline, or offer a firm compromise settlement in writing within 120 days of receipt of your claim;

(C) Notify you in writing of the reasons for any delay in settling your claim beyond 120 days;

(D) Continue to notify you in writing of the reason for the delay each 60 days thereafter until the claim is settled.

(c) ODOT does NOT have the authority to settle claims but does enforce these time limits. The mover must send a copy of any delayed claim letter to ODOT. Contact ODOT if the mover does not adhere to these time limits;

(d) The time limit to file suit against the mover is within two years and one day from the date of any claim disallowance received in writing.

(16) READY TO ASSEMBLE FURNITURE:

(a) Moving companies have limited liability on “Ready to Assemble Furniture” with components that are not bordered by solid wood, veneer plywood or metal and structural fasteners that join into one of these materials. “Ready to Assemble Furniture” does not stand up to the normal strains of moving and needs to be fully disassembled prior to your move to avoid loose joints, chipping, and breakage. The cost of repair can exceed the value of this furniture.

(b) If you have purchased furniture second hand, look for fasteners secured into cam locks or into any material other than solid wood, veneer plywood or metal. Review your “Ready to Assemble Furniture” and make sure it is worth moving and decide as soon as possible how you will have it disassembled at origin and reassembled at destination.

(c) Your least expensive option is to disassemble furniture completely and remove and carefully place all hardware, fasteners, pins, cams, handles, wafers and dowels into a clearly labeled box. Your mover will then move these items at the valuation you chose.

(d) Your mover can also arrange for “Ready to Assemble Furniture” to be disassembled and reassembled for you at additional cost. If, however, these items are moved assembled they will be moved at your risk with specific caps on carrier liability.

Stat. Auth.: ORS 184.616, 184.619,823.011 & 825.232
Stats. Implemented: ORS 825.202, 825.204 & 825.224
Hist.: 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 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-069-0007; MCT 3-1996, f. & cert. ef. 3-14-96; MCT 4-1997, f. & cert. ef. 7-15-97; MCTB 3-2002, f. & cert. ef. 7-24-02; 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 2-2013(Temp), f. 1-17-13, cert. ef. 1-18-13 thru 7-15-13

740-060-0040

Estimates of Charges

(1)(a) Estimates by the carrier for household goods moves. A carrier providing intrastate transportation of household goods must provide a written estimate when requested by the shipper. The carrier’s representative must make a written estimate of charges only after visual inspection of the goods to be shipped. A weight factor of not less than seven pounds per cubic foot will be used to determine the estimated weight. Across the top of each form will be noted the words “Estimated Cost of Services.” The original or a true legible copy of each estimate form prepared in accordance with this must be delivered to the shipper, and a copy must be maintained by the carrier as part of its permanent record of shipment. Estimate forms must be retained with the freight bill for inspection by the Department’s staff for three years;

(b) Estimates by the carrier for local moves. Every motor for-hire carrier providing intrastate transportation of household goods in local moving, must upon request of a shipper of household goods, give such shipper a written estimate of the charges. The carrier’s representative must make such written estimate of charges only after a visual inspection of the goods to be shipped. A weight factor of not less than seven pounds per cubic foot will be used to determine the estimated weight. Across the top of each form shall be noted the words “Estimated Cost of Services.” The original or a true legible copy of each estimate form prepared in accordance with this rule [shall] must be delivered to the shipper, and a copy must be maintained by the carrier as part of its permanent record of shipment. Estimate forms shall be retained with the freight bill for inspection by the Department’s staff for one year;

(c) Addendum estimate for service. When an estimated cost for services has been furnished a shipper and additional services not included in the estimate are required, an addendum estimate for service must be prepared. Addendum estimates for service must be signed by the shipper. Addendum estimates for service must be attached to the original estimated cost for service or may be noted on the bill of lading. Addendum estimates for service must be maintained in accordance with the rules for estimated costs for service, and a copy must be furnished to the shipper.

(2) Underestimates for service. No carrier shall 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. Upon payment of said charges, the carrier must relinquish possession of the shipment. The 15-day extension does not include Saturdays, Sundays, and holidays as specified in the carrier’s tariff.

(4) Notification to shipper of charges. Whenever the shipper specifically requests notification of the actual weight and charges on a shipment, the carrier must comply with such request immediately upon determining the weight and charges. The shipper must supply the carrier with an address or telephone number at which the communication will be received. Such notification will be made by telephone, fax communication or in person at shipper’s expense.

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

740-060-0080

Determination of Weight

(1) 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) 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 in the transportation of household goods by having it weighed prior to the transportation of each shipment, with the driver for the proposed trip but without the crew thereon. The weight must be determined by a certified weighmaster or on a certified scale, and when so weighed, the fuel tanks on such vehicle must be full and the vehicle must contain all pads, chains, dollies, hand trucks, and other equipment needed in the proposed transportation of shipments to be loaded thereon, and such weight must 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 thereon, 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 then 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 will 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, upon request of either, must be permitted without charge to accompany, in his own conveyance, the carrier to the weighing station 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 thereon the number of the bill of lading accompanying the shipment involved. No other additions or must be made on any such ticket. As soon as such weight tickets are obtained, true copies thereof must be attached to the receipt or bill of lading accompanying the shipment, and retained in the carrier’s file. 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 upon 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. No for-hire carrier must accept a shipment of household goods for transportation which appears to be subject to the minimum weight provisions of the carrier’s tariff without first having advised the shipper of such minimum weight provisions.

(4) Reweighing of shipment. The carrier, upon request of shipper, or his representative, made prior to the delivery date, will reweigh the shipment. The carrier must inform the person requesting the reweigh, within a reasonable time prior to the gross reweighing, of the tariff charges and the location of a certified scale in close proximity to the destination of the shipment which will be used, and of the right of the shipper or his representative, to observe the gross and tare reweighing. 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 must be determined by tariff rule.

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

Notes
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