Rule 570-38-3-.11 - Bill of Lading Required(1) The Department shall make available to household goods carriers a Uniform Household Goods Bill of Lading and Addendum for use by such carriers as required by this rule. These documents will be made available to household goods carriers by posting upon a publicly-accessible website maintained by the Department.(2) Except to the extent otherwise required by law or these Rules, household goods carriers shall be required to: (a) Utilize the Uniform Household Goods Bill of Lading and Addendum whenever transporting household goods or performing ancillary services in accordance with the terms of these Rules and/or the Department's maximum rate tariff, provided however that a carrier may utilize a bill of lading and addendum varying in form, design, and format from the Uniform Household Goods Bill of Lading and Addendum so long as the information required by these Rules, contract terms, and conditions still appear on such bill of lading and addendum;(b) Include the following information on the face of every completed Uniform Household Goods Bill of Lading used in arranging transportation: 1. The name of the carrier which will transport the shipment in question;2. The business address, contact telephone number, and contact e-mail address of said carrier;3. The MCA number assigned to said carrier by the Department of Public Safety;4. The name, address, and telephone number of a person designated by the customer as the customer's contact person, except when such information is not provided by the customer despite reasonable efforts by the carrier to obtain such information;5. The address or other information sufficient to locate all points of origin / pick-up locations for each shipment and all destination / drop-off locations for each shipment;6. The preferred pick-up / loading date, dates, or time period within which pick-up / loading of the shipment is expected to be made at the point(s) of origin / pick-up location(s);7. The preferred delivery date, dates, or time period within which delivery of the shipment is expected to be made at the destination(s) / drop-off location(s);8. A description of all charges to the customer for services rendered in providing transportation and ancillary services with respect to the household goods in question, including but not limited to:(i) With respect to charges calculated based upon distance travelled and/or weight carried, the point of origin and destination, mileage, and rate utilized in such calculations, as well as the total transportation charge;(ii) With respect to charges calculated based upon an hourly rate, the start and stop times, number of people and vehicles used, total number of hours worked (less any breaks), and rate utilized in such calculations, as well as the total transportation charge; and(iii) A separate listing of any charges for ancillary services or packing materials charged;(c) Complete and review with the customer the terms and conditions of the transportation of household goods and/or ancillary services provided by the carrier as reflected on the Uniform Bill of Lading and Addendum prior to providing transportation or ancillary services;(d) Obtain from the customer a selection of either released value protection or full value protection for valuation of their household goods in accordance with Rule 570-38-3-.10 and ensure that selection is reflected upon the Uniform Bill of Lading and Addendum prior to providing transportation or ancillary services related to such household goods;(e) Obtain the customer's signature upon the Uniform Bill of Lading and Addendum agreeing to the terms and conditions described in subparagraph (c) of this paragraph and the valuation method described in subparagraph (d) of this paragraph prior to providing transportation or ancillary services; and(f) Provide to the customer a copy of the Uniform Bill of Lading and Addendum prior to providing transportation or ancillary services and provide to the customer a copy of any updated or later completed Bill(s) of Lading and Addendum that pertain(s) to the services provided to the customer.(3) A carrier may perform transportation or ancillary services without fully complying with the requirements of paragraph (2) of this Rule if (1) such services are necessary to otherwise comply with these Rules or (2) full compliance with paragraph (2) of this Rule is otherwise impossible or infeasible due to factors beyond the carrier's control, provided that(a) The carrier shall still be required to immediately comply with those requirements of paragraph (2) that are not impossible or infeasible;(b) The carrier shall be required to comply with the requirements of paragraph (2) that are impossible or infeasible upon their becoming possible or feasible;(c) Under no circumstances shall a carrier be authorized to transport or perform services related to articles for which a customer has not selected a valuation method of either released value protection or full value protection;(d) In all circumstances, the customer shall as soon as feasible be given a copy of the Uniform Bill of Lading and Addendum that pertain to the services provided to the customer, provided further that a customer whose articles are put into storage in accordance with these Rules and for a reason other than by request of the customer shall be given a copy of the Bill of Lading pertaining to non-storage related charges as soon as feasible upon such items being placed into storage.(4) Any alteration, addition, or erasure on a Uniform Bill of Lading and Addendum that is made without the special notation thereupon of the party disadvantaged by the alteration, addition, or erasure shall be without effect and the bill of lading shall be enforceable according to its unaltered terms.(5) A customer of a household goods carrier may elect not to accept the terms of the Uniform Household Goods Bill of Lading and Addendum. In such cases: (a) The liability of the carrier for transporting the customer's household goods and providing ancillary services shall be limited only to the extent required by law;(b) The customer and household goods carrier shall remain subject to the terms and conditions of the Uniform Bill of Lading and Addendum except to the extent that the terms and conditions of the Uniform Bill of Lading and Addendum pertain to the carrier's liability;(c) The household goods carrier shall be authorized to charge the customer at rates up to twice those stated in the Department's maximum rate tariff.(6) In order to invoke the provisions of paragraph (4) of this Rule, the customer must give notice to the carrier of his non-acceptance of the terms of the Uniform Household Goods Bill of Lading and Addendum. The carrier must then indicate upon the Bill of Lading the receipt of such notice and that the transportation of the customer's household goods and ancillary services shall be subject to the conditions described in paragraph (4) of this Rule.(7) To the extent authorized by law, a carrier may require a customer electing to accept transportation or services subject to paragraph (4) of this Rule to: (a) Disclose and state upon the Uniform Household Goods Bill of Lading or Addendum the value of the articles being transported; and(b) To the extent such customer subsequently claims loss or damage to such articles, provide proof or evidence of such value.(8) A carrier that fails to comply with the requirements of this Rule shall not be entitled to postpone delivery of a customer' articles or divert the customer's goods to be stored in transit in accordance with paragraph (2) of Rule 570-38-3-.16, and the Department may assess any penalty authorized by law against such carrier.(9) Except to the extent otherwise required by law or these Rules, a carrier may carry out the requirements of this Rule by utilizing a Bill of Lading and Addendum in an electronic format and may, unless a customer specifically requests a physical copy of the Bill of Lading and Addendum, present an electronic version of the Bill of Lading and Addendum for the purposes of complying with subparagraphs (c) through (f) of paragraph (2) of this Rule.Ga. Comp. R. & Regs. R. 570-38-3-.11
O.C.G.A. §§ 40-1-54; 40-1-101; 40-1-118; 40-1-119.
Original Rule entitled "Bill of Lading Required" adopted. F. Apr. 21, 2020; eff. May 11, 2020.