[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: 49CFR375.103]



[Page 86-87]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 375_TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE; 

CONSUMER PROTECTION REGULATIONS--Table of Contents

 

                     Subpart A_General Requirements

 

Sec. 375.103  What are the definitions of terms used in this part?



    Terms used in this part are defined as follows. You may find other 

terms used in these regulations defined in 49 U.S.C. 13102. The 

definitions contained in this statute control. If terms are used in this 

part and the terms are neither defined here nor in 49 U.S.C. 13102, the 

terms will have the ordinary practical meaning of such terms.

    Advertisement means any communication to the public in connection 

with an offer or sale of any interstate household goods transportation 

service. This includes written or electronic database listings of your 

name, address, and telephone number in an on-line database. This 

excludes listings of your name, address, and telephone number in a 

telephone directory or similar publication. However, Yellow Pages 

advertising is included in the definition.

    Cashier's check means a check that has all four of the following 

characteristics:

    (1) Drawn on a bank as defined in 12 CFR 229.2.

    (2) Signed by an officer or employee of the bank on behalf of the 

bank as drawer.

    (3) A direct obligation of the bank.

    (4) Provided to a customer of the bank or acquired from the bank for 

remittance purposes.

    Certified scale means any scale inspected and certified by an 

authorized scale inspection and licensing authority, and designed for 

weighing motor vehicles, including trailers or semi-trailers not 

attached to a tractor, or designed as a platform or warehouse type 

scale.

    Commercial shipper means any person who is named as the consignor or 

consignee in a bill of lading contract who is not the owner of the goods 

being transported but who assumes the responsibility for payment of the 

transportation and other tariff charges for the account of the 

beneficial owner of the goods. The beneficial owner of the goods is 

normally an employee of the consignor and/or consignee. A freight 

forwarder tendering a shipment to a carrier in furtherance of freight 

forwarder operations is also a commercial shipper. The Federal 

government is a government bill of lading shipper, not a commercial 

shipper.

    Force majeure means a defense protecting the parties in the event 

that a part of the contract cannot be performed due to causes which are 

outside the control of the parties and could not be avoided by exercise 

of due care.

    Government bill of lading shipper means any person whose property is 

transported under the terms and conditions of a government bill of 

lading



[[Page 87]]



issued by any department or agency of the Federal government to the 

carrier responsible for the transportation of the shipment.

    Household goods, as used in connection with transportation, means 

the personal effects or property used, or to be used, in a dwelling, 

when part of the equipment or supplies of the dwelling. Transportation 

of the household goods must be arranged and paid for by the individual 

shipper or by another individual on behalf of the shipper. Household 

goods includes property moving from a factory or store if purchased with 

the intent to use in a dwelling and transported at the request of the 

householder, who also pays the transportation charges.

    Individual shipper means any person who is the consignor or 

consignee of a household goods shipment identified as such in the bill 

of lading contract. The individual shipper owns the goods being 

transported and pays the transportation charges.

    May means an option. You may do something, but it is not a 

requirement.

    Must means a legal obligation. You must do something.

    Order for service means a document authorizing you to transport an 

individual shipper's household goods.

    Reasonable dispatch means the performance of transportation on the 

dates, or during the period, agreed upon by you and the individual 

shipper and shown on the Order For Service/Bill of Lading. For example, 

if you deliberately withhold any shipment from delivery after an 

individual shipper offers to pay the binding estimate or 110 percent of 

a non-binding estimate, you have not transported the goods with 

reasonable dispatch. The term ``reasonable dispatch'' excludes 

transportation provided under your tariff provisions requiring 

guaranteed service dates. You will have the defenses of force majeure, 

i.e., superior or irresistible force, as construed by the courts.

    Should means a recommendation. We recommend you do something, but it 

is not a requirement.

    Surface Transportation Board means an agency within the Department 

of Transportation. The Surface Transportation Board regulates household 

goods carrier tariffs among other responsibilities.

    Tariff means an issuance (in whole or in part) containing rates, 

rules, regulations, classifications or other provisions related to a 

motor carrier's transportation services. The Surface Transportation 

Board requires a tariff contain specific items under Sec. 1312.3(a) of 

this title. These specific items include an accurate description of the 

services offered to the public and the specific applicable rates (or the 

basis for calculating the specific applicable rates) and service terms. 

A tariff must be arranged in a way that allows for the determination of 

the exact rate(s) and service terms applicable to any given shipment.

    We, us, and our means the Federal Motor Carrier Safety 

Administration (FMCSA).

    You and your means a motor carrier engaged in the interstate 

transportation of household goods and its household goods agents.