[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: 49CFR375.407]

[Page 103-104]
 
                        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.  375.407  Under what circumstances must I relinquish possession of 
a collect-on-delivery shipment transported under a non-binding 

estimate?

    (a) If an individual shipper pays you up to 110 percent of the non-
binding estimate on a collect-on-delivery shipment (or, in the case of a 
partial delivery, a prorated percentage of the non-binding estimate as 
set forth in paragraph (c) of this section), you must relinquish 
possession of the shipment at the time of delivery. If there are either 
charges for any additional services requested by the shipper after the 
bill of lading has been issued and/or charges, if applicable, for 
impracticable operations (subject to a maximum amount as set forth in 
paragraph (d) of this section), and the shipper also pays you for such 
charges, you must relinquish possession of the shipment at the time of 
delivery. You must accept the form of payment agreed to at the time of 
estimate, unless the shipper agrees in writing to a change in the form 
of payment.

[[Page 104]]

    (b) Failure to relinquish possession of a shipment after the 
individual shipper offers to pay you up to 110 percent of the 
approximate costs of a non-binding estimate plus any additional charges 
described in paragraph (a) of this section constitutes a failure to 
transport a shipment with ``reasonable dispatch'' and subjects you to 
cargo delay claims pursuant to part 370 of this chapter.
    (c) If you make only a partial delivery of the shipment, you may not 
demand full payment of the non-binding estimate. You may demand at 
delivery only a prorated percentage of the non-binding estimate (or a 
prorated percentage of an amount up to 110 percent of the non-binding 
estimate). The prorated percentage must be the percentage of the weight 
of that portion of the shipment delivered relative to the total weight 
of the shipment. For example, if you deliver only 2,500 pounds of a 
shipment weighing 5,000 pounds, you may demand payment of 50 percent of 
not more than 110 percent of the non-binding estimate.
    (d) You may not demand payment of charges for impracticable 
operations, as defined in your tariff, of more than 15 percent of all 
other charges due at delivery. You must bill and collect from the 
individual shipper charges for impracticable operations not collected at 
delivery in accordance with subpart H of this part.

[72 FR 36774, July 5, 2007]