[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR374.307]



[Page 81-82]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 374_PASSENGER CARRIER REGULATIONS--Table of Contents

 

 Subpart C_Adequacy of Intercity Motor Common Carrier Passenger Service

 

Sec. 374.307  Baggage service.



    (a) Checking procedures. (1) Carriers shall issue receipts, which 

may be in the form of preprinted tickets, for all checked services 

baggage.

    (2)(i) If baggage checking service is not provided at the side of 

the bus, all baggage checked at a baggage checking counter at least 30 

minutes but not more than 1 hour before departure shall be transported 

on the same schedule as the ticketed passenger.

    (ii) If baggage checking service is provided at the side of the bus, 

passengers checking baggage at the baggage checking counter less than 30 

minutes before the scheduled departure shall be notified that their 

baggage may not travel on the same schedule. Such baggage must then be 

placed on the next available bus to its destination. All baggage checked 

at the side of the bus during boarding, or at alternative locations 

provided for such purpose, shall be transported on the same schedule as 

the ticketed passenger.

    (b) Baggage security. All checked baggage shall be placed in a 

secure or attended area prohibited to the public. Baggage being readied 

for loading shall not be left unattended.

    (c) Baggage liability. (1) No carrier may totally exempt its 

liability for articles offered as checked baggage, unless those articles 

have been exempted by the Secretary. (Other liability is subject to 

subpart D of this part). A notice listing exempted articles shall be 

prominently posted at every location where baggage is accepted for 

checking.

    (2) Carriers may refuse to accept as checked baggage and, if 

unknowingly accepted, may disclaim liability for loss or damage to the 

following articles:

    (i) Articles whose transportation as checked baggage is prohibited 

by law or regulation;

    (ii) Fragile or perishable articles, articles whose dimensions 

exceed the size limitations in the carrier's tariff, receptacles with 

articles attached or protruding, guns, and materials that have a 

disagreeable odor;

    (iii) Money; and

    (iv) Those other articles that the Secretary exempts upon petition 

by the carrier.

    (3) Carriers need not offer excess value coverage on articles of 

extraordinary value (including, but not limited to, negotiable 

instruments, papers, manuscripts, irreplaceable publications, documents, 

jewelry, and watches).

    (d) Express shipments. Passengers and their baggage always take 

precedence over express shipments.

    (e) Baggage at destination. All checked baggage shall be made 

available to the passenger within a reasonable time, not to exceed 30 

minutes, after arrival at the passenger's destination. If not, the 

carrier shall deliver the baggage to the passenger's local address at 

the carrier's expense.

    (f) Lost or delayed baggage. (1) Checked baggage that cannot be 

located within 1 hour after the arrival of the bus upon which it was 

supposed to be transported shall be designated as lost. The carrier 

shall notify the passenger at that time and furnish him with an 

appropriate tracing form.

    (2) Every carrier shall make available at each ticket window and 

baggage counter a single form suitable both for tracing and for filing 

claims for lost or misplaced baggage. The form shall be prepared in 

duplicate and signed by the passenger and carrier representative. The 

carrier or its agent shall receive the signed original, with any 

necessary documentation and additional information, and the claim check, 

for which a receipt shall be



[[Page 82]]



given. The passenger shall retain the duplicate copy.

    (3) The carrier shall make immediate and diligent efforts to recover 

lost baggage.

    (4) A passenger may fill out a tracing form for lost unchecked 

baggage. The carrier shall forward recovered unchecked baggage to the 

terminal or station nearest the address shown on the tracing form and 

shall notify the passenger that the baggage will be held on a will-call 

basis.

    (g) Settlement of claims. Notwithstanding 49 CFR 370.9, if lost 

checked baggage cannot be located within 15 days, the carrier shall 

immediately process the matter as a claim. The date on which the carrier 

or its agent received the tracing form shall be considered the first day 

of a 60-day period in which a claim must be resolved by a firm offer of 

settlement or by a written explanation of denial of the claim.



[55 FR 11199, Mar. 27, 1990. Redesignated at 61 FR 54709, Oct. 21, 1996, 

as amended at 62 FR 15423, Apr. 1, 1997]