Okla. Admin. Code § 165:30-13-26

Current through Vol. 41, No. 19, June 17, 2024

Section 165:30-13-26 - Bill of Lading

(a) No household goods shipments may be loaded until a valid bill of lading has been prepared. A bill of lading must contain:

(1) Date.

(2) The identification number for the shipment (may be a bill of lading number).

(3) The household goods carrier's information as follows:

(A) Legal name and dba (if any).

(B) Mailing address and physical address (if different from mailing address).

(C) Telephone number.

(D) USDOT number as linked to the intrastate household goods certificate.

(E) Other motor carrier information, as required in this subsection, that will participate in the transportation of the shipment.

(4) The shipper's information as follows:

(A) Name.

(B) Mailing address and physical address (if different from mailing address).

(C) Telephone number.

(5) Shipment information as follows:

(A) Agreed upon pick up date and delivery date or agreed period of the entire move.

(B) Origin and destination of shipment.

(C) The inventory list signed by both parties or an inventory list waiver signed by the shipper.

(D) Identification information of the vehicle on which the shipment is loaded.

(6) Payment and charges as follows:

(A) Denote if the estimate was binding or non-binding.

(i) If non-binding, a reasonably accurate estimate of the amount of the total charges, the maximum amount (subject to the 110% rule) that must be paid at the time of the delivery to relinquish possession of the shipment.

(ii) If binding, the amount of charges that must be paid to relinquish possession of the shipment along with the terms of payment.

(B) The form of payment that will be honored upon delivery (which must be the same as shown on the estimate).

(C) The terms and conditions for payment of the total charges, including notice of any minimum charges.

(D) The maximum amount of payment that will be required at the time of delivery to obtain possession of the shipment.

(E) The declared value of the shipment or, if the shipper does not select the full value protection, the released value of the shipment.

(F) The cost to the shipper for full value shipment valuation, if selected by the shipper.

(G) Evidence of any insurance coverage sold to or procured for the shipper from an independent insurer, including the cost incurred for the insurance.

(H) A complete description of any accessorial services ordered and the charges associated with the services.

(I) Whether the shipper will be notified in advance of the charges before delivery. If yes, the shipper must provide fax number or address where the notifications are to occur and via method (fax, email, overnight courier, certified mail, etc.) as well as any additional charges associated with the notification.

(7) Acknowledgments and Signatures as follows:

(A) In the event the motor carrier of household goods reasonably believes an accessorial service is needed to safely transport a shipment, and the shipper refuses to pay for such a service, the carrier must refuse to accept the shipment and note this on the bill of lading.

(B) Acknowledgment by the shipper that the consumer protection information "Moving in Oklahoma" was received at the time or prior to receipt of the written estimate.

(C) Specification of the selection of the released rate of sixty cents (.60) per pound per article which is considerably less than the value of most articles transported or the full value protection with declared value of shipment specified.

(D) Signature of carrier.

(E) Signature of shipper.

(b) A copy of the bill of lading must be provided to the shipper at the time of the shipper's signature. The bill of lading must be carried in the vehicle and presented to any law enforcement officer upon request.

(c) A bill of lading may be amended only prior to the loading of the shipment and upon mutual agreement between the carrier and the shipper except as provided for in OAC 165:30-13-28. The amendment must be signed by both parties.

(d) The bill of lading may not contain any language purporting to release or discharge the household goods carrier from liability, but may include a statement the property was received in apparent good condition except as noted on the delivery receipt.

Okla. Admin. Code § 165:30-13-26

Added at 27 Ok Reg 1773, eff 7-1-10; Amended at 29 Ok Reg 951, eff 7-1-12