[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR375.405]

[Page 102-103]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 375_TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE; 
CONSUMER PROTECTION REGULATIONS--Table of Contents
 
                      Subpart D_Estimating Charges
 
Sec.  375.405  How must I provide a non-binding estimate?

    (a) If you do not provide a binding estimate to an individual 
shipper in accordance with Sec.  375.403, you must provide a non-binding 
written estimate to the individual shipper.
    (b) If you provide a non-binding estimate to an individual shipper, 
you must provide your reasonably accurate estimate of the approximate 
costs the individual shipper should expect to pay for the transportation 
and services of the shipment. You must comply with the following ten 
requirements:
    (1) You must provide reasonably accurate non-binding estimates based 
upon both the estimated weight or volume of the shipment and services 
required and the physical survey of the household goods, if required. If 
you provide a shipper with an estimate based on volume that will later 
be converted to a weight-based rate, you must provide the shipper an 
explanation in writing of the formula used to calculate the conversion 
to weight.
    (2) You must explain to the individual shipper that final charges 
calculated for shipments moved on non-binding estimates will be those 
appearing in your tariffs applicable to the transportation. You must 
explain that these final charges may exceed the approximate costs 
appearing in your estimate.
    (3) You must furnish non-binding estimates without charge and in 
writing to the individual shipper or other person responsible for 
payment of the freight charges.
    (4) You must retain a copy of each non-binding estimate as an 
attachment to be made an integral part of the bill of lading contract.
    (5) You must clearly indicate on the face of a non-binding estimate 
that the estimate is not binding upon you and the charges shown are the 
approximate charges to be assessed for the service identified in the 
estimate. The estimate must clearly state that the shipper will not be 
required to pay more than 110 percent of the non-binding estimate at the 
time of delivery.
    (6) You must clearly describe on the face of a non-binding estimate 
the entire shipment and all services you are providing.
    (7) If it appears an individual shipper has tendered additional 
household goods or requires additional services not identified in the 
non-binding estimate, you are not required to honor the estimate. If an 
agreement cannot

[[Page 103]]

be reached as to the price or service requirements for the additional 
goods or services, you are not required to service the shipment. 
However, if you do service the shipment, before loading the shipment, 
you must do one of the following two things:
    (i) Reaffirm your non-binding estimate.
    (ii) Negotiate a revised written non-binding estimate listing the 
additional household goods or services.
    (8) Once you load a shipment, failure to execute a new non-binding 
estimate signifies you have reaffirmed the original non-binding 
estimate. You may not collect more than 110 percent of the amount of the 
original non-binding estimate at destination, except as provided in 
paragraphs (b)(9) and (10) of this section.
    (9) If you believe additional services are necessary to properly 
service a shipment after the bill of lading has been issued, you must 
inform the individual shipper what the additional services are before 
performing those services. You must allow the shipper at least one hour 
to determine whether he or she wants the additional services performed. 
If the individual shipper agrees to pay for the additional services, you 
must execute a written attachment to be made an integral part of the 
bill of lading contract and have the individual shipper sign the written 
attachment. This may be done through fax transmissions; e-mail; 
overnight courier; or certified mail, return receipt requested. You must 
bill the individual shipper for the additional services after 30 days 
from delivery. If the individual shipper does not agree to pay the 
additional services, the carrier should perform only those additional 
services as are required to complete the delivery, and bill the 
individual shipper for the additional services after 30 days from 
delivery, except that you may collect at delivery charges for 
impracticable operations that do not exceed 15 percent of all other 
charges due at delivery.
    (10) If the individual shipper requests additional services after 
the bill of lading has been issued, you must inform the individual 
shipper of the additional charges involved. You may require full payment 
at destination for these additional services and (unless you make only a 
partial delivery, in which case you must collect a prorated percentage 
of the original non-binding estimate as set forth in Sec.  375.407(c) of 
this part) for up to 110 percent of the original non-binding estimate. 
If applicable, you also may require payment at delivery of charges for 
impracticable operations (as defined in your carrier tariff) not to 
exceed 15 percent of all other charges due at delivery. You must bill 
and collect from the individual shipper any applicable charges not 
collected at delivery in accordance with subpart H of this part.
    (c) If you furnish a non-binding estimate, you must enter the 
estimated charges upon the order for service and upon the bill of 
lading.
    (d) You must retain a copy of the non-binding estimate for each move 
you perform for at least one year from the date you made the estimate 
and keep it as an attachment to be made an integral part of the bill of 
lading contract.

[68 FR 35091, June 11, 2003, as amended at 69 FR 10576, Mar. 5, 2004; 72 
FR 36773, July 5, 2007]