Rule 570-38-3-.14 - Storage in Transit(1) Household goods carriers transporting articles in accordance with this Chapter may store such articles in its warehouse or storage facility or the warehouse of a designee. Such storage shall only occur at the request of the customer that owns or requested the transportation of the articles in question or in circumstances specifically authorizing such storage in accordance with these Rules. Such storage shall only occur in accordance with the requirements of this Rule. A household goods carrier shall not store articles in any manner that is inconsistent with this Rule.(2) A carrier that is permitted to store household goods pursuant to this Rule may demand payment for accumulated transportation and other lawful charges from the customer at the time goods in transit are delivered to the warehouse or storage facility for storage.(3) Except to the extent otherwise authorized by these Rules, articles may be stored only once while being transported, and shall not be stored for a period of more than 180 days beginning upon the date of unloading at the warehouse or storage facility. Articles that are not removed from the warehouse or storage facility at the expiration of the time limit(s) specified by this Rule shall no longer be considered in transit, and the household goods carrier responsible for transporting such articles shall be entitled to demand payment for all charges lawfully accumulated by the customer related to the transportation and/or storage of the articles in question. Upon the expiration of the time period provided for by this Rule,(a) The warehouse or storage facility at which the articles are then located shall be considered the final destination of such articles;(b) The customer owning such articles or which contracted with a carrier for the transportation of such articles shall then be subject to the rules, regulations, and charges of the warehouse or storage facility; and(c) A carrier may not continue to charge a customer for the storage of such articles.(4) Household goods carriers transporting articles stored in accordance with this rule shall remove such articles from storage and deliver such articles as soon as reasonably possible upon the customer's request and in accordance with these Rules, provided further that:(a) A household goods carrier shall not be permitted to continue to charge a customer for storage of such articles when:1. The customer has requested removal of such articles from storage and delivery;2. The carrier has failed to remove such articles from storage within a reasonable period of time; and3. The carrier's failure to remove such articles from storage is caused by reason other than the fault of the customer;(b) For the purposes of subparagraph (a) of this paragraph, a "reasonable period of time" shall be defined as five days exclusive of state and federal holidays except to the extent that a carrier demonstrates to the satisfaction of the Department that a longer period of time should be considered reasonable;(c) A household goods carrier transporting articles from a storage location to a destination in accordance with this paragraph shall be entitled to charge a customer in accordance with the Department's maximum rate tariff as though the storage location were the point of origin of such transportation, including for ancillary services including but not limited to loading of such articles onto the carrier's vehicle(s); and(d) This paragraph shall not apply to articles that are considered to be at their final destination in accordance with paragraph (3) of this Rule.(5) A household goods carrier shall, whenever storing articles or delivering articles to a location to be stored in accordance with this Rule:(a) Have and keep in its possession at all times during the storage of such articles records including but not limited to the following information: 1. An itemized list of all articles so stored with the Bill of Lading number pertaining to such articles noted thereupon;2. The point of origin and intended final destination of such articles;3. The condition of each article when delivered to the storage location and when loaded from the storage location for further transportation;4. The character and amount of all charges incurred by the customer pertaining to such articles and charged by the carrier and the amount and date of all payments made by the customer pertaining to such charges; and5. The date such articles were delivered to the storage location and when loaded from the storage location for further transportation;(b) If the storage location is not owned or maintained by the household goods carrier, provide to the owner or proprietor of the storage location the records required by subparagraph (a) of this paragraph at the time the household goods are delivered to the storage location and at the time the goods are loaded from the storage location for further transportation.(6) A customer may take possession of some or all of his or her articles in storage pursuant to this Rule at any time. If a customer takes possession of any such articles, the storage location of such articles shall be considered the final destination of such articles, and the customer shall immediately be responsible for payment of accumulated transportation and other lawful charges by the household goods carrier pertaining to those particular articles, and such carrier shall be entitled to immediately demand such payment.(7) No household goods carrier storing articles at a warehouse or storage facility in accordance with these Rules shall utilize a warehouse or storage facility which is outside the State of Georgia or which is, in the Department's discretion considering the totality of the circumstances, an unreasonable distance from the intended destination for the articles being stored.(8) The transportation rates and charges and the maximum rate tariff applicable to articles stored pursuant to this Rule shall be those in effect on the date of the original transportation of such goods.Ga. Comp. R. & Regs. R. 570-38-3-.14
O.C.G.A. § 40-1-54.
Original Rule entitled "Storage in Transit" adopted. F. Apr. 21, 2020; eff. May 11, 2020.