49 U.S.C. § 14104 — Household goods carrier operations

(a) General Regulatory Authority. (1) Paperwork minimization. The Secretary may write regulations, including ones protecting individual shippers, to carry out this part for household goods carriers covered by chapter 135. Any paperwork or regulations imposed on these carriers must be kept as light as possible while still protecting shippers. (2) Performance standards. Where appropriate, the Secretary's shipper-protection regulations must include reasonable performance standards for hauling household goods. In setting those standards, the Secretary must weigh at least: the performance level a well-run household goods carrier can reach; how much harm a violation could cause shippers; the need to deter abuses that hurt consumers and break the rules; carriers' service needs; the cost of compliance versus the benefit to consumers; and the need to encourage carriers to serve shippers well. (3) Limitations on statutory construction. Nothing here limits the Secretary's power to demand reports from these carriers or to make them tell consumers about their past performance. (b) Estimates. (1) Required to be in writing. Every motor carrier that moves household goods under section 13102(10)(A) and falls under chapter 135 must physically survey the goods for a prospective shipper and give the shipper a written estimate of the transportation charges and related services. A shipper can waive this physical survey by signing a written agreement before loading; that waiver must be kept with the bill of lading and follows the same record rules. Even with a waiver, the carrier's written statement of charges must say whether the estimate is "binding" or "nonbinding," and must be based on a physical survey if the goods are within 50 miles of the carrier's agent preparing the estimate. A binding estimate means the carrier and shipper are locked into that price, and the carrier may charge for providing it. A nonbinding estimate means the real charges will be based on the shipment's actual weight and the carrier's normal rates, and the carrier cannot charge for providing it. (2) Other information. When giving the written estimate, the carrier must also hand the shipper the DOT publication "Ready to Move?" (FMCSA-ESA-03-005 or its successor). Before signing a service contract, the carrier must also give the shipper the DOT publication "Your Rights and Responsibilities When You Move" (OCE 100), which is required under the federal regulation at 49 C.F.R. section 375.213 or its successor. (3) Applicability of antitrust laws. Any charge a carrier makes for an estimate on household goods transportation is subject to the federal antitrust laws as defined in the Clayton Act. (c) Flexibility in Weighing Shipments. The Secretary must write regulations giving household goods carriers as much flexibility as possible in weighing shipments, while still making sure shippers get accurate weighing. The Secretary can't stop carriers from "backweighing" shipments, or from basing charges on reweigh results, as long as the shipper watches both the empty ("tare") and full ("gross") weighings -- or waives that right to watch in writing beforehand -- and both weighings happen on the same scale.