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DEPARTMENT OF TRANSPORTATION,
MOTOR CARRIER TRANSPORTATION DIVISION
DIVISION 60
TRANSPORTATION OF HOUSEHOLD GOODS
740-060-0010
Information for Shippers
Each carrier of household goods shall give every prospective shipper an information bulletin as set forth in the General Information for Moving Household Goods in Oregon (see OAR 740-060-0030). Once the shipment is tendered and accepted, each carrier of household goods shall request the shipper to sign a Mandatory Receipt as set out below, to acknowledge receipt of the information bulletin. The signed copy of the Mandatory Receipt shall be preserved as a part of the carrier's file on the shipment. For the application of this rule, the owner of the household goods to be shipped, or their representative, shall be deemed to be the shipper.
I acknowledge that I have received, at first contact with the carrier, a copy of the form entitled GENERAL INFORMATION FOR MOVING HOUSEHOLD GOODS IN OREGON which explains the Oregon rules and regulations affecting intrastate shipments of household goods.
I understand that my final charge for service must be based on rates that have been approved by the Oregon Department of Transportation or the Public Utility Commission and published in a tariff regardless of any estimate for service provided to me by the household goods mover. I UNDERSTAND THAT AN ESTIMATE IS NOT A FIRM BID.
(Shipper)
(Motor Carrier)
Stat. Auth.: ORS 823.011 & ORS 825.232
Stats. Implemented: ORS 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
740-060-0020
Inventories
(1) An inventory of items shall be prepared for all intercity shipments prior to loading the shipment. The carrier's representative must list any damage or unusual wear. For the purposes of this rule, an intercity shipment is a shipment that takes place beyond the local move area as defined by applicable tariffs.
(2) Shippers shall be allowed to note in writing on the inventory documents any disagreement with entries regarding damage or unusual wear noted by the carrier's representative.
Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS 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
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
740-060-0045
Criminal Background Checks
(1) Each authorized, intrastate, for-hire carrier of household goods 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) Authorized, intrastate, for-hire carriers of household goods 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.”
(2) The deadline to comply with this requirement by each Subject Employer is January 1, 2010 for Subject Individuals employed on or before the effective date of this rule, and prior to employment for all Subject Individuals hired after the effective date of this rule.
(3) Criminal Background Check means a public record of court actions regarding the Subject Individual.
(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 will produce a list of offenses for which the Subject Employee has been convicted in a court of law, and the date of each conviction,
(4) Subject Employers must certify in their annual report due April 1st of each year that they are in compliance with all rules of this 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.
(5) 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 within the five years preceding the criminal background check of any felony or 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.
(6) Criminal background checks required by this rule must be retained for at least three years from the date obtained.
Stat. Auth.: Ch. 433, OL 2009
Stats. Implemented: Ch. 433, OL 2009
Hist.: MCTD 2-2009, f. & cert. ef. 9-29-09
740-060-0055
Additional Fees
Each authorized intrastate household goods carrier must pay an annual fee of $100 or .1 percent of it's gross revenue derived from Oregon intrastate household goods moving activity in the preceding year, whichever is greater. The fee shall be due by April 1 and must be reported on a form provided by the Department. A fee of $100 will be charged any new intrastate household goods carrier at the time authority is granted. Fees received late will be charged a penalty of 2 percent per month until paid.
Stat. Auth.: ORS 823.011, 825.247
Stats. Implemented: ORS 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
740-060-0060
Signed Receipt for Shipment -- Release Prohibited
No delivery acknowledgment on any shipping document or other record to be signed by the consignee to acknowledge delivery shall contain any language which purports to release or discharge the carrier or its agents from liability, other than a statement that the property has been received in apparent good condition except as noted on the shipping documents.
Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS 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
740-060-0070
Claims for Loss or Damage
(1) Acknowledgment of claims. Every for-hire carrier of household goods which receives a written claim for loss of or damage to property transported by it shall acknowledge to the claimant, in writing, receipt of such claim within 30 calendar days after its receipt by the carrier or the carrier's agent. The carrier shall at the time such claim is received, cause the date of receipt to be recorded on the claim.
(2) Handling by carrier. Every such carrier which receives a written claim for loss or damage to household goods transported by it shall pay, decline, or make a firm compromise settlement offer in writing to the claimant within 120 days after receipt of the claim by the carrier or its agent. However, if the claim cannot be processed and disposed of within 120 days after the receipt thereof, the carrier shall at that time and the expiration of each succeeding 60-day period while the claim remains pending, advise the claimant in writing of the status of the claim and the reasons for the delay in making a final disposition thereof. A copy of such letter shall also be sent to the Department of Transportation.
(3) Register of loss and damage claims. Every for-hire carrier of household goods shall maintain a freight claim register, showing for 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. Each claim received shall be entered in the register and should be supported by the complete file of claim papers. However, if the claim papers are retained by insurance companies, connecting carriers, or others, the carrier's records should contain an acknowledgment from the party retaining the claim file that the papers are in its possession.
Stat. Auth.: ORS 823.011 & ORS 825.202
Stats. Implemented: ORS 823.101 & ORS 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
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
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 economic regulation, pursuant to ORS 825.240.
[ED. NOTE: Exhibits referenced are available from the agency
Stat. Auth.: ORS 823.011& 825.240
Stats. Implemented: ORS 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
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 823.011, ORS 825.234 & ORS 825.240
Stats. Implemented: ORS 825.234 & ORS 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
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