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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
MOTOR CARRIER TRANSPORTATION DIVISION

 

DIVISION 60

TRANSPORTATION OF HOUSEHOLD GOODS

740-060-0010

Information for Shippers and General Information Bulletin for Moving Household Goods in Oregon

(1) As used in division 60 rules, the term shipper refers to the owner of the household goods, or the owner’s representative. The term carrier refers to the authorized intrastate for-hire motor carrier of household goods.

(2) Each carrier must give every prospective shipper an information bulletin titled General Information Bulletin for Moving Household Goods in Oregon ODOT form #735-9943.

(3) The text of the information bulletin, “General Information Bulletin for Moving Household Goods in Oregon,” ODOT form # 735-9943 includes the following information:

(a) Estimates;

(b) Changes to estimates;

(c) Underestimates;

(d) Bills of Lading:

(e) Inventories;

(f) Packing, delivery and inspection;

(g) Storage needs;

(h) Ready to assemble furniture;

(i) Levels of protection and valuation options for household goods;

(j) Payment to mover;

(k) Loss or damage claims; and

(L) Complaints.

(4) The Mandatory Receipt must contain the following statements:

(a) Acknowledgement of receipt of General Information Bulletin for Moving Household Goods in Oregon;

(b) Final charges for services are based on rates that have been approved by ODOT and published in a tariff regardless of any estimate of service provided by the carrier.

(5) Each carrier must request the shipper to sign and date a Mandatory Receipt to acknowledge receipt of the information bulletin. The signed copy of the Mandatory Receipt must be retained for three years as a part of the carrier’s documentation for the move.

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); 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; MCTD 5-2013, f. & cert. ef. 6-20-13

740-060-0020

Inventories

(1) An inventory of items will be prepared when requested by the shipper or when household goods are received into storage in transit or permanent storage.

(2) The carrier must list any damage or unusual wear.

(3) Shippers must be allowed to note in writing on the inventory documents any disagreement with entries regarding damage or unusual wear noted by the carrier.

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 825.232
Stats. Implemented: ORS 825.202, 825.204, 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; MCTD 5-2013, f. & cert. ef. 6-20-13

740-060-0035

Cargo Insurance and Valuation Declaration

(1) A carrier is liable for loss or damage to household goods when the property is in its care, custody or control. The required minimum level of cargo insurance coverage is specified in OAR 740-040-0030. The level of liability assumed by the carrier is altered based on the selection of the valuation protection option chosen by the shipper.

(2) Prior to beginning any regulated household goods move, a carrier must ensure that the shipper has selected a valuation option. The carrier must provide the shipper with information that clearly explains the different valuation options offered, the charges for each option, and an example comparing the total cost of a move with Full Replacement Cost Protection and with Released Value Protection.

(3) All household goods carriers must offer at least the following valuation protection options:

(a) Released Value: When the shipper elects the no-additional-cost Released Value option, claims for damage or loss will be settled based on the weight of the article multiplied by the price per pound. If a shipper fails to state a declared value in writing and the shipment is accepted by the carrier, the shipment will be estimated calculating the weight of the shipment as seven pounds per cubic foot of space utilized;

(b) Replacement Cost Protection: The shipper must declare a lump sum value of the shipment. Under this option, if any article is lost, destroyed, or damaged while in the carriers custody, the carrier will, at its option, guarantee either replacement of articles lost or damaged, reimbursement for full replacement cost, or satisfactory repairs.

(4) If for any reason, the carrier fails to obtain the shipper’s written confirmation of valuation option selection on the bill of lading, and the shipment is accepted for transport, the carrier will provide Replacement Cost Protection at the shipper expense.

Stat. Auth.: ORS 184.616, 184.619, 823.011, 825.232
Stats. Implemented: ORS 825.202, 825.204, 825.224
Hist.: MCTD 5-2013, f. & cert. ef. 6-20-13

740-060-0040

Estimates of Charges

(1) Estimates must be prepared by the carrier when requested by the shipper. Estimate forms must be retained for three years with the freight bill for inspection by the Department’s staff. Estimates must be:

(a) Free of charge;

(b) Provided in writing;

(c) Given only after visual inspection of household goods to be shipped;

(d) Non-binding; final charges must be based upon tariff rates filed with the Department; and

(e) Accompanied by an addendum when additional services are added and not included in the estimate. Addendum must be signed by the shipper.

(2) Underestimates for service. A carrier must not 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. The carrier must relinquish possession of the shipment, when the estimated charges plus 10 percent is received. The 15-day extension does not include Saturdays, Sundays, and holidays as specified in the carrier’s tariff.

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; MCTD 5-2013, f. & cert. ef. 6-20-13

740-060-0045

Criminal Background Checks

(1) Each carrier 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) Carriers 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.”

(c) Criminal background checks must be completed prior to employment of Subject Individual and must be completed every three years.

(2) Criminal Background Check means a public record of court actions regarding the Subject Individual covering each state the Subject Individual has resided in the last five years.

(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 must include a list of offenses that the Subject Employee has been convicted in a court of law and the date of each conviction.

(3) Subject Employers must certify in their annual report due April 1 of each year that they are in compliance with all rules of the 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.

(4) 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 of any felony within the five years preceding the criminal background check. In addition to any felony conviction, Subject Individuals may not have been convicted of 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.

(5) Criminal background checks required by this rule must be retained by the carrier for at least three years from the date obtained.

Stat. Auth.: 184.616, 184.619, 823.011, 825.232
Stats. Implemented: 825.202, 825.204, 825.224, 825.325
Hist.: MCTD 2-2009, f. & cert. ef. 9-29-09; MCTD 5-2013, f. & cert. ef. 6-20-13

740-060-0055

Additional Fees

Each carrier must pay an annual fee of $100 or .1 percent of its gross revenue derived from Oregon intrastate household goods moving activity in the preceding year, whichever is greater. The fee is due by April 1 and must be reported on a form provided by the Department. A household goods carrier that fails to pay the fee required by the due date will be subject to suspension under ORS 825.139.

Stat. Auth.: ORS 184.616, 184.619, 823.011, 825.232
Stats. Implemented: ORS 825.139, 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; MCTD 5-2013, f. & cert. ef. 6-20-13

740-060-0060

Signed Receipt for Shipment — Release Prohibited

Shipping documents or other records signed by the shipper to acknowledge delivery must not include language that releases or discharges the carrier from liability. A statement that the property has been received in apparent good condition except as noted may be included on the shipping documents.

Stat. Auth.: ORS 184.616, 184.619, 823.011, 825.232
Stats. Implemented: ORS 823.101, 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; MCTD 5-2013, f. & cert. ef. 6-20-13

740-060-0070

Claims for Loss or Damage

(1) For a shipper to be compensated for loss or damage, a written claim must be filed with the carrier or carrier’s agent within three months of the date of delivery.

(2) Acknowledgment of claims. Written claims for loss or damage to household goods must be acknowledged by the carrier in writing within 30 calendar days of the receipt of the claim. The carrier must record the date and time the claim was received.

(3) Handling by carrier. A carrier must pay, decline, or make a firm compromise settlement offer in writing to the shipper within 120 days from the date the claim was received. If the claim is not be resolved within 120 days from the date the claim was received, the carrier must inform the shipper and the Department of the reason in writing. Written communication with the shipper and the Department of reasons why the claim is not resolved must be provided each succeeding 60-day period while the claim remains unresolved.

(4) Register of loss and damage claims. Every carrier must maintain a freight claim register. The claim register must show 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. Claim registers and supporting documentation must be retained for three years.

Stat. Auth.: ORS 184.616, 184.619, 823.011, 825.232
Stats. Implemented: ORS 823.101, 823.103, 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; MCTD 5-2013, f. & cert. ef. 6-20-13

740-060-0080

Determination of Weight for Weight Distance Moves

(1)(a) 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 carrier transporting shipments of household goods subject to rates based on the weight of shipment must determine the tare weight of each vehicle used by having it weighed prior to the transportation of each shipment, with the driver for the proposed trip but without the crew. The weight must be determined by a certified weighmaster or on a certified scale, and the fuel tanks on the vehicle must be full and the vehicle must contain all pads, chains, dollies, hand trucks, and other equipment needed in the transportation of shipments to be loaded, and the weight must then 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, 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 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 must 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, at the request of either, must be permitted, without charge, to accompany the carrier to the weighing station in his own vehicle 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 the number of the bill of lading accompanying the shipment involved. No other additions or alterations will be made on the ticket. True copies must be attached to the receipt or bill of lading accompanying the shipment, and retained in the carrier’s file for three years. 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 at 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. Before accepting a shipment of household goods for transportation which appears to be subject to the minimum weight provisions of the carrier’s tariff, the carrier must advise the shipper of the minimum weight provisions.

(4) Reweighing of shipment. The carrier must reweigh the shipment, if the shipper requests a reweigh prior to the delivery date of the shipment. The carrier must inform the shipper, within a reasonable time prior to the gross reweighing, of the tariff charges and the location of a certified scale which will be used. 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 will be determined by tariff rates.

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; MCTD 5-2013, f. & cert. ef. 6-20-13

740-060-0085

Hourly Rate Local Moves

A carrier must apply a local hourly rate when a move is wholly within a city limit or commercial zone specified in the carrier’s ODOT approved local cartage authority. The Department may approve an extension to the radius of mileage for a commercial zone when approving a tariff.

Stat. Auth.: ORS 184.616, 184.619, 823.011, 825.232
Stats. Implemented: ORS 825.202
Hist.: MCTD 5-2013, f. & cert. ef. 6-20-13

740-060-0090

Hourly Rate Distance Moves

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 locations are limited to the following;

(1) 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 or a truck routing and mileage software program using the address to address locations to establish the estimated time of travel to be charged to the shipper.

(2) The return trip from the destination of the move to the terminal location must be determined by Google Map miles or a truck routing and mileage software program using the address to address locations to establish the estimated time of travel to be charged to the shipper.

Stat. Auth.: ORS 184.616, 184.619, 823.011, 825.232
Stats. Implemented: ORS 825.202
Hist.: MCTD 5-2013, f. & cert. ef. 6-20-13

Local Cartage

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 regulations, pursuant to ORS 825.240. A carrier that performs local cartage moves within the cities specified in Exhibit 1 must obtain a permit in accordance with ORS 825.127.

[ED. NOTE: Exhibits referenced are available from the agency

Stat. Auth.: ORS 184.616, 184.619, 823.011, 825.232
Stats. Implemented: ORS 825.127, 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; MCTD 5-2013, f. & cert. ef. 6-20-13

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 184.616, 184.619, 823.011, 825.232
Stats. Implemented: ORS 825.234, 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; MCTD 5-2013, f. & cert. ef. 6-20-13

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