Your Rights and Responsibilities When You Move

General Requirements

The Federal Motor Carrier Safety Administration's (FMCSA) regulations protect consumers of interstate moves and define the rights and responsibilities of consumers (shippers) and household goods carriers (movers).

The household goods carrier gave you this booklet to provide information about your rights and responsibilities as an individual shipper of household goods. Your primary responsibilities are to ensure that you understand the terms and conditions of the moving contract (bill of lading), and know what to do in case problems arise.

The primary responsibility for protecting your move lies with you in selecting a reputable household goods mover or household goods broker, and making sure you understand the terms and conditions of your contract and the remedies that are available to you in case problems arise.

Regulations and Interstate Transportation

FMCSA's regulations apply to motor carriers that engage in the interstate transportation of household goods and brokers that arrange for such transportation. These regulations require your mover to perform certain services and provide you with specific documents.

The regulations only apply to your mover when the mover transports your household goods by motor vehicle in interstate or foreign commerce — that is when you move from one State to another or internationally. The regulations do not apply when your move takes place within a commercial zone (defined in the Definitions section) or between two points in the same State.

Legitimate Movers and Brokers

Legitimate movers and brokers are registered with FMCSA to engage in interstate operations involving the interstate transportation of household goods. A legitimate mover explains whether they are a broker or a mover. A household goods broker arranges for the transportation of your shipment but does not provide line-haul transportation. A household goods mover actually transports your shipment.

Household goods brokers or movers must provide you with basic information before you move. You should expect to receive the following:

• A written estimate
• The "Ready to Move" Brochure (or a web link, if you prefer)
• Information about the mover's arbitration program
• Written notice about access to the mover's tariff
• The process for handling claims
• This booklet, "Your Rights and Responsibilities When You Move" (or a web link, if you prefer)

Customer's Responsibilities

As a customer, you have responsibilities both to your mover and yourself. They include:

• Reading all moving documents issued by the mover or broker.
• Being available at the time of pickup and delivery of your shipment. If you are not available you should appoint a representative to act on your behalf.
• Promptly notifying your mover if something has changed regarding your shipment (i.e. move dates, additional items).
• Making payment in the amount required and in the form agreed to with the mover.
• Promptly filing claims for loss, damage or delays with your mover, if necessary.

Estimates

The two most important things to understand for your interstate move are: the types of estimates offered and the mover's liability in the event of loss or damage. Movers offer different types of estimates — binding and non-binding. The type of estimate you select determines how the charges for your shipment will be calculated.

FMCSA requires your mover to provide written estimates on every shipment transported for you. Your mover's verbal quote of charges is not an official estimate since it is not in writing. Your mover must provide you with a written estimate of all charges including transportation, accessorial and advanced charges. This written estimate must be dated and signed by you and the mover.

If you are moving from a location within a 50 mile radius of your mover's (or its agent's or broker's) place of business, the estimate must be based on a physical survey of your household goods, unless you waive this requirement in writing before your shipment is loaded.

You and your mover may agree to change an estimate of charges based on changed circumstances, but only before your shipment is loaded. Your mover may not change an estimate after loading the shipment.

Binding Estimates

A binding estimate guarantees that you cannot be required to pay more than the amount on the estimate. However, if you add additional items to your shipment or request additional services, you and your mover may: agree to abide by the original binding estimate, negotiate a new binding estimate, or convert the binding estimate into a non-binding estimate.

If the mover does not give you a new binding estimate in writing, or agree in writing to convert the binding estimate to a non-binding estimate before your goods are loaded, the original binding estimate is reaffirmed. Your mover should not charge or collect more than the amount of the original binding estimate at delivery for the quantities and services included in the estimate.

If there are unforeseen circumstances (such as elevators, stairs, or required parking permits) at the destination, the mover can bill you for these additional expenses after 30 days from delivery. Charges for services required as a result of impracticable operations are due at delivery, but may not exceed 15 percent of all other charges due at delivery; any remaining charges will be billed to you with payment due in 30 days.

If you are unable to pay 100 percent of the charges on a binding estimate, your mover may place your shipment in storage at your expense until the required charges (including the cost of the storage) are paid. Your mover may charge a fee to prepare a binding estimate.

Non-Binding Estimates

A non-binding estimate is intended to provide you with an estimate of the cost of your move. It is not a guarantee of your final costs, but it should be reasonably accurate. The estimate must indicate that your final charges will be based upon the actual weight of your shipment, the services provided, and the mover's published tariff.

A non-binding estimate must be in writing and clearly describe the shipment and all services provided. Under a non-binding estimate, the mover cannot require you to pay more than 110 percent of the original estimate at the time of delivery. The mover will bill you for any remaining charges after 30 days from delivery.

Your Mover's Liability and Your Claims

In general, your mover is legally liable for loss or damage that occurs during the transportation of your shipment and all related services identified on the bill of lading.

All moving companies are required to assume liability for the value of the household goods they transport. There are two different levels of liability that apply to interstate moves: Full (Replacement) Value Protection and Waiver of Full (Replacement) Value Protection — Released Value.

Full (Replacement) Value Protection

This is the most comprehensive option available to protect your household goods, but it will increase the cost of your move. Your shipment will be transported at this level of liability unless you waive Full Value Protection.

Under Full Value Protection, if any article is lost, destroyed, or damaged while in your mover's custody, your mover will, at its option, either:

• Repair the article to restore it to the same condition as when received, or pay you for the cost of such repairs; or
• Replace the article with an article of like, kind and quality, or pay you for the cost of such a replacement.

The minimum level for determining Full Value Protection is $6.00 per pound times the weight of your shipment. Your mover may have a higher minimum value or you may declare a higher value for your shipment (at an additional cost).

Under this option, movers are permitted to limit their liability for loss or damage to articles of extraordinary value (any item whose value exceeds $100 per pound — such as jewelry, silverware, china, furs, antiques, oriental rugs, computer software), unless you specifically list these articles on the shipping documents. Ask your mover for a complete explanation of this limitation before your move.

Waiver of Full Value Protection (Released Value — 60 cents per pound per article)

Released Value is the most economical protection available as there is no charge to you. However, the protection is minimal. Under this option, the mover assumes liability for no more than 60 cents per pound, per article.

For example, if a 10-pound stereo component valued at $1,000 were lost or destroyed, the mover would be liable for no more than $6.00 (10 pounds × $0.60). You should think carefully before agreeing to such an arrangement.

Third Party Insurance

If you purchase separate third party cargo liability insurance from, or through your mover, the mover is required to issue a policy or other written record of the purchase and to provide you with a copy at the time of purchase. If the mover fails to comply, the mover is liable for any claim for loss or damage attributed to its negligence.

Shipments transported under a mover's bill of lading are subject to arbitration in the event of a dispute over loss or damage claims. However, disputes with third party insurance companies might not be subject to arbitration, as those companies are not within the jurisdiction of FMCSA and are subject to the regulations of the States in which they are licensed.

Reducing Your Mover's Normal Liability

The following actions may limit or reduce your mover's liability for loss or damage to your household goods:

1. Your acts or omissions cause the loss or damage to occur. For example, improper packing of containers you pack yourself, or including perishable, dangerous, or hazardous materials in your shipment without your mover's knowledge. Federal law forbids you to ship hazardous materials in your household goods boxes or luggage without informing your mover.
2. You chose the Waiver of Full Value Protection — Released Value level of liability (60 cents per pound per article) but ship household goods valued at more than 60 cents per pound per article.
3. You declare a value for your shipment which is less than the actual value of the articles in your shipment.
4. You fail to notify your mover in writing of articles valued at more than $100 per pound. (If you do notify your mover, you will be entitled to full recovery up to the declared value of the article or articles, not to exceed the declared value of the entire shipment.)

Loss and Damage Claims

You have the right to file a claim with your mover to be compensated for loss or damage. You have 9 months from the date of delivery (or in the event of loss for the entire shipment, from the date your shipment should have been delivered) to file your claim.

The claim must be submitted in writing to your mover or to your mover's third party company for claim processing. After you submit your claim, your mover has 30 days to acknowledge receipt of it. The mover then has 120 days to provide you with a disposition. The mover might be entitled to 60-day extensions if the claim cannot be processed or disposed of within 120 days.

Delay Claims

Delay claims are processed when you have contracted with your mover for guaranteed service for pickup and delivery. Your mover will outline on the bill of lading any penalty or per diem entitlements when there is a pickup delay and/or delivery delay.

Moving Paperwork

Order for Service

Your mover is required by law to prepare an order for service for your shipment. The following 14 elements should be listed on the order for service:

1. Your mover's name, address and the USDOT number assigned to your mover.
2. Your name, address and if available, telephone number(s).
3. The name, address, and telephone number of the delivering mover's office or agent at or nearest to the destination of your shipment.
4. A telephone number where you may contact your mover or its designated agent.
5. One of the following three dates and times:
   1. The agreed-upon pickup date and delivery date of your move.
   2. The agreed-upon period(s) of the entire move.
   3. If your mover is transporting the shipment on a guaranteed service basis, the guaranteed dates or periods of time for pickup, transportation, and delivery. Your mover must enter any penalty or per diem requirements upon the agreement under this item.
6. The names and addresses of any other motor carriers, when known, that will participate in the transportation of your shipment.
7. The form of payment your mover will accept at delivery. The payment information must be the same as was entered on the estimate.
8. The terms and conditions for payment of the total charges, including notice of any minimum charges.
9. The maximum amount your mover will demand, based on the mover's estimate, at delivery to release the shipment, when transported on a collect-on-delivery basis.
10. A complete description of any special or accessorial services ordered and minimum weight or volume charges applicable to the shipment.
11. Any identification or registration number your mover assigns to the shipment.
12. For non-binding estimated charges, your mover's reasonably accurate estimate of the amount of the charges, the method of payment of total charges, and the maximum amount (110 percent of the non-binding estimate) your mover will demand at the time of delivery for you to obtain possession of the shipment.
13. For binding estimated charges, the amount of charges your mover will demand based upon the binding estimate and the terms of payment under the estimate.
14. An indication of whether you request notification of the charges before delivery. You must provide your mover with contact information.

You are entitled to a copy of the order for service when it is prepared. Should you cancel or delay your shipment, you should promptly cancel the order. If you cancel your shipment more than three days after signing the order for service, your mover may charge you a penalty.

If you or your mover changes any agreed upon dates for pickup or delivery, your mover must prepare a written change to the order for service. The written change must be attached to the order for service.

Inventory

Your mover must prepare an inventory of your shipment, usually done at the time the mover loads your shipment. The mover is required to list any damage or unusual wear to any items. The purpose is to make a record of the existence and condition of each item before it is moved.

After completing the inventory, both you and the mover must sign each page. It is important that before signing you make sure the inventory lists every item in your shipment and that entries regarding the condition of each item are correct. You have the right to note any disagreement.

At the time your shipment is delivered, it is your responsibility to check the items delivered against the items listed on your inventory. If new damage is discovered, make a record of it on the inventory form and call the damage to the attention of the mover.

Bill of Lading

Your mover is required by law to prepare a bill of lading for your shipment. The bill of lading is the contract between you and the mover for the transportation of your shipment. The driver who loads your shipment must give you a copy of the bill of lading before or at the time of loading your shipment.

The bill of lading must include the following 14 elements:

1. Your mover's name and address, or the name and address of the mover issuing the bill of lading.
2. The names and addresses of any other mover, when known, who will participate in the transportation of your shipment.
3. The name, address, and telephone number of the office where you can contact the mover for matters relating to the transportation of the shipment.
4. The form of payment your mover will accept at delivery. The payment information must be the same as entered on the estimate and order for service.
5. When your mover transports your shipment under a collect-on-delivery basis, your name, address, and telephone number must be listed so the mover can notify you about the charges.
6. For non-guaranteed service, the agreed-upon dates or period of time for pickup and delivery of the shipment.
7. For guaranteed service, the dates for pickup and delivery and any penalty or per diem entitlements due you under the agreement.
8. The actual date of pickup.
9. The identification number(s) of the vehicle(s) in which your mover loads your shipment.
10. The terms and conditions for payment of the total charges including notice of any minimum charges.
11. The maximum amount your mover will demand from you, based on the mover's estimate, at the time of delivery for you to obtain possession of your shipment, when transported under a collect-on-delivery basis.
12. Evidence of any insurance coverage sold to or procured for you from an independent insurer, including the amount of the premium for such insurance.
13. Each attachment to the bill of lading. If not provided to you elsewhere by the mover, the following three items must be added as an attachment:
    1. The binding or non-binding estimate
    2. The order for service
    3. The inventory
14. The two options for liability of which you will select either: Option 1) Full (Replacement) Value Protection or Option 2) Waiver of Full (Replacement) Value Protection.

The copy of the bill of lading must accompany your shipment at all times while in the possession of your mover or its agent(s). When your mover loads the shipment, the bill of lading must be in the possession of the driver responsible for the shipment.

Freight Bill

At the time of payment of transportation charges, your mover must give you a freight bill identifying the service provided and the charge for each service. It is customary for most movers to use a copy of the bill of lading as a freight bill.

Except where a shipment is moving on a binding estimate, the freight bill must specifically identify each service performed, the rate or charge per service performed, and the total charges for each service. If this information is not on the freight bill, do not accept or pay the freight bill.

Your mover must deliver your shipment upon payment of 100 percent of a binding estimate or 110 percent of a non-binding estimate, plus the full cost of any additional services required after the contract was executed and any charges for impracticable operation, not to exceed 15 percent of all other charges due at delivery.

On shipments paid in advance, your mover must present its freight bill for all transportation charges within 15 days of the date your mover delivered the shipment (excluding Saturdays, Sundays, and Federal holidays).

Your mover's freight bills and accompanying written notices must state the following five items:

1. Penalties for late payment
2. The period of time for any credit extended
3. Service or finance charges
4. Collection expense charges
5. Any applicable discount terms

Weight Tickets

Your mover must obtain weight tickets if your shipment is moving under a non-binding estimate. Each time your shipment is weighed, a separate weight ticket must be obtained and signed by the weigh master. The weight tickets must be presented with the freight bill. Each weight ticket must contain the following six items:

1. The complete name and location of the scale.
2. The date of each weighing.
3. The identification of the weight entries as being the tare, gross, or net weights.
4. The company or mover identification of the vehicle.
5. The last name of the individual shipper as it appears on the bill of lading.
6. The mover's shipment registration or bill of lading number.

Collection of Charges

Your mover must issue you an honest and truthful freight or expense bill for each shipment transported. When your shipment is delivered you will be expected to pay either: 1) 100 percent of the charges on your binding estimate, or 2) 110 percent of the charges on your non-binding estimate. You will also be requested to pay the charges for any services you requested after the contract was executed that were not included in the estimate, and any charges for services performed in conjunction with impracticable operations, not to exceed 15 percent of all other charges due at delivery.

You should verify in advance what method of payment your mover will accept. Your mover must note in writing on the order for service and the bill of lading the forms of payment they accept at delivery. Do not assume your mover will accept payment by credit card unless it is clearly indicated on the order for service and bill of lading.

If you do not pay the charges due at the time of delivery the mover has the right to refuse to deliver your shipment and to place it into storage at your expense until the charges are paid. The regulations provide that when your mover arrives at the destination, the mover may collect the charges due before the shipment is unloaded from the truck.

Your mover can only collect the charges on the percentage of the shipment that was successfully delivered. For example, if you receive a binding estimate of $1,000 to move 1,000 pounds of your goods and 50 percent of that shipment is lost, then the mover can only collect 50 percent of the estimate ($500).

Transportation of Your Shipment

Pickup and Delivery

Before you move, be sure to reach an agreement with your mover on the dates for pickup and delivery of your shipment. Once an agreement is reached, your mover must enter those dates upon the order for service and the bill of lading. Upon loading your shipment, your mover is contractually bound to provide the service described in the bill of lading.

The mover might use the term "delivery spread" as the timeframe in which you can expect your shipment to be delivered. The mover will usually give you a 24-hour advance notice of when it plans to arrive with your shipment. At that time, you must be available to accept delivery or your shipment could be placed in storage at your expense.

The only reason your mover would be excused from providing a service as described in the bill of lading is because of "force majeure" — an unforeseen change of circumstances beyond the control of the mover.

If your mover fails to pickup or deliver your shipment on the agreed date or during the delivery spread, and you have expenses that you otherwise would not have, you may be able to recover these expenses from the mover through a delay of shipment claim.

Your mover must transport your household goods in a timely manner ("reasonable dispatch service"). When your mover is unable to meet either the pickup or delivery dates, your mover must notify you of the delay at the mover's expense, in writing.

Early Delivery

If you are unable to accept delivery before the first day of the delivery spread, then your mover may place your shipment in storage in a warehouse located in proximity to the destination. If your mover exercises this option, your mover must immediately notify you of the name and address of the warehouse where your shipment is placed. Your mover has full responsibility for the charges for re-delivery, handling, and storage until it makes the final delivery.

Storage in Transit

You may request your mover to store your household goods before delivering them. Your mover must notify you in writing or in person at least ten days before the expiration date of:

1. The specified period of time when your mover is to hold your shipment in storage.
2. The maximum period of time provided in its tariff for storage-in-transit.

If your mover holds your household goods in storage-in-transit for less than ten days, your mover must notify you one day before the storage-in-transit period expires.

When the storage period is about to expire, your mover must notify you in writing about the following four items:

1. The date when storage-in-transit will convert to permanent storage.
2. The existence of a nine-month period after the date of conversion to permanent storage, during which you may file claims against your mover for loss or damage occurring to your goods while in transit or during the storage-in-transit period.
3. When your mover's liability will end for loss and damage.
4. When your shipment will become subject to the rules, regulations, and charges of the management of the storage facility.

Weighing Shipments

If your mover transports your household goods on a non-binding estimate, your mover must determine the actual weight of your shipment on a certified scale in order to calculate its lawful tariff charge. If your mover provided a binding estimate, the weight of the shipment will not affect the charges you will pay, so there is no requirement to weigh shipments moving under binding estimates.

Usually, your shipment will be weighed in the city or local area where the shipment originates. The driver has the truck weighed before coming to your residence and then has it weighed again after your shipment has been loaded. The difference in these two weights is the weight of your shipment.

You have the right, and your mover must inform you of your right, to observe all weighing of your shipment. Your mover must tell you where and when each weighing will occur. You may waive your right to observe weighing; however, you must waive that right in writing.

If your shipment is weighed at origin and you believe that the weight may not be accurate, you have the right to request that the shipment be reweighed before it is unloaded. The mover is not permitted to charge you for the reweighing, but the final charges due will be based on the reweigh weight, even if it is more than the initial weight.

You must receive the mover's notification of the actual weight and charges at least 24-hours before the scheduled delivery, excluding Saturdays, Sundays, and Federal holidays.

Resolving Disputes with Your Mover

The FMCSA maintains regulations to govern the processing of loss and damage claims; however, we cannot resolve these claims on your behalf. If you cannot reach a settlement with your mover, you have the right to request arbitration from your mover. All movers are required to participate in an arbitration program and your mover is required to provide you with a summary of its arbitration program before you sign an order for service.

Arbitration gives you the opportunity to settle loss or damage claims and certain types of disputed charges through a neutral arbitrator. Arbitration is not mandatory for you but it may be for your mover. If you request arbitration for a claim for $10,000 or less, the mover must agree to arbitration and the arbitrator's decision is binding on the parties. However, the mover is not required to agree to arbitration if the claim exceeds $10,000.

You may choose to pursue a civil action in an appropriate court having legal jurisdiction in lieu of arbitration. You may obtain the mover's process agent information in your State by contacting FMCSA at (866) 637-0635.

Important Points to Remember

1. Movers must give written estimates. The estimates may be either binding or non-binding. Non-binding estimates are "approximations" only and the actual transportation charges you are eventually required to pay may be higher than the estimated price.
2. Do not sign blank or incomplete documents. Verify the document is complete before you sign. The only information that might not appear in your moving paperwork is: the actual weight of your shipment, in the case of a non-binding estimate, and unforeseen charges that occur in transit.
3. Be sure you understand the mover's responsibility for loss or damage, and request an explanation of the difference between valuation and actual insurance.
4. Understand the type of liability you sign for. Ask yourself if 60 cents per pound is enough coverage for your household goods or whether you need to purchase additional valuation.
5. Notify your mover if you have high value items. High value items are valued at more than $100 per pound per item.
6. You have the right to be present each time your shipment is weighed. You also have the right to request a reweigh at no charge.
7. Confirm with your mover the types of payment acceptable when your shipment is delivered.
8. Consider requesting arbitration to settle disputed claims with your mover.
9. You should know if the company you are dealing with is a household goods motor carrier (mover) or household goods broker, and if they are registered with FMCSA. Go to www.protectyourmove.gov for this information.
10. Do not sign the delivery receipt if it contains any language releasing or discharging your mover or its agents from liability. Strike out such language before signing, or refuse delivery if the mover refuses to provide a proper delivery receipt.

Definitions Used in This Booklet