Section 476.7c - Transportation of household goods; rate; binding estimates; approximate costs; estimated charges entered on bill of lading; delivery of shipment upon payment.
THE MOTOR CARRIER ACT (EXCERPT)
Act 254 of 1933
476.7c Transportation of household goods; rate; binding estimates; approximate costs; estimated charges entered on bill of lading; delivery of shipment upon payment.
Sec. 7c.
(1) Subject to subsection (2), a motor common carrier providing transportation of household goods subject to the jurisdiction of the commission may, subject to the provisions of this article, including the general tariff requirements of section 6 of this article, establish a rate for the transportation of household goods which is based on the carrier's written, binding estimate of charges for providing such transportation, which the shippers will be required to pay for the services included in the estimate.
(2) A rate established under this section shall be available on a nonpreferential basis to shippers and shall not result in charges to shippers which are predatory.
(3) Binding estimates shall be furnished in writing to the shipper or other person responsible for payment of the freight charges and a copy of each such estimate shall be retained by the carrier as an addendum to the bill of lading. All such estimates shall clearly indicate on their face that the estimate is binding on the carrier and that the charges shown are the charges that will be assessed for the services identified in the estimate. Binding estimates shall clearly describe the shipment and all services to be provided.
(4) Motor common carriers engaged in the transportation of household goods may provide nonbinding estimates of the approximate costs that will be assessed for the transportation of such shipments. Nonbinding estimates shall be reasonably accurate. Estimates of approximate costs shall not be binding on the carriers providing such estimates. The final charges on shipments moved on nonbinding estimates shall be those appearing in the carriers' tariffs applicable to the transportation. Nonbinding estimates, if provided, shall be furnished without charge and in writing to the shipper or other person responsible for payment of the freight charges. A copy of each such estimate shall be retained by the carrier as an addendum to the bill of lading. All such estimates shall clearly indicate on the face of the estimate that the estimate is not binding on the carrier and that the charges shown are the approximate charges that will be assessed for the services identified in the estimate. Nonbinding estimates shall clearly describe the shipment and all services to be provided.
(5) Motor common carriers furnishing nonbinding estimates shall enter the estimated charges on the bill of lading.
(6) At time of delivery of a collect on delivery shipment, except when the shipment is delivered to a warehouse for storage at the request of the shipper, on which a nonbinding estimate of the approximate costs has been furnished by the carrier pursuant to subsection (4), the shipper may request delivery of the shipment upon payment, in a form acceptable to the carrier, of an amount not exceeding 110% of the estimated charges. Upon request of the shipper, the carrier shall relinquish possession of the shipment upon payment of not more than 110% of the estimated charges and shall defer demand for the payment of the balance of any remaining charges for a period of 30 days following the date of delivery.
History: Add. 1993, Act 352, Imd. Eff. Jan. 13, 1994