Section 1340-06-01-.13 - RULES GOVERNING THE ESTIMATES OF CHARGES, DETERMINATION OF WEIGHTS, AND THE HANDLING OF CLAIMS FOR LOSS OR DAMAGE BY HOUSEHOLD GOODS MOVERS IN INTRASTATE COMMERCE(1) Determination of Weights(a) Loaded Weight, Tare Weight and Constructive Weight.1. Each common carrier by motor vehicle shall determine the tare weight of each vehicle used in the transportation of household goods by having it weighed prior to the transportation of each shipment, without the crew thereon, by a certified weigh master or on a certified scale, and when so weighed the gasoline tank on such vehicle shall be full and the vehicle shall contain all pads, chains, dollies, hand trucks, and other equipment needed in the transportation of such shipment. After the vehicle has been loaded, it shall be weighed, without the crew thereon, at point of origin of the shipment, and the net weight of the shipment shall be obtained by deducting the tare weight from the loaded weight. Where no adequate scale is available at point of origin, the loaded weight shall be obtained at the nearest certified scale either in the direction of the movement of shipment, or in the direction of the next pick-up or delivery in the case of part loads.2. If no adequate scale is available at origin, at any point in route, or at destination, a constructive weight, based upon seven (7) pounds per cubic foot of properly loaded van space, may be used. Such a constructive weight also may be used for a part load where the circumstances are such that its scale weight could not be obtained at origin, in route, or at destination without first unloading it or other part loads being carried in the same vehicles.(b) Part Loads. In the transportation of part loads, this rule shall apply in all respects, except that the gross weight of a vehicle containing one or more part loads may be used as the tare weight of such vehicle as to part loads subsequently loaded thereon. A part load for any one shipper not exceeding one thousand (1,000) pounds may be weighed on a certified scale prior to being loaded on the vehicle.(2) Estimates of Charges (a) Estimate Form for Shipper's Use, Carriers may furnish to shippers or prospective shippers an estimate form which may contain statements of the weights of average pieces of furniture and other household articles of various types, for use by the shipper in making his own estimate of the weight of his goods. Any instructions necessary to enable the shipper to use the estimate form shall be printed on the form.(b) Specific request of shipper for notification. Whenever the shipper specifically requests notification of the actual weight and charges on a shipment, the carrier shall comply with such request immediately upon determining the actual weight and charges, by telephone or telegraph if so requested. Such notification shall be made as soon as possible prior to the time when the shipment is offered for delivery.(c) Notification to shipper where charges exceed estimate. Whenever actual charges on any shipment exceed by more than ten (10) percent or Twenty-five dollars ($25), whichever is greater, any estimate of charges given by the carrier to the shipper, immediately upon determining the actual charges, the carrier shall notify the shipper of the amount thereof by telegram or telephone at the carrier's expense as soon as possible after the determination is made and before delivery. Provided, that this paragraph shall not apply (1) where credit is to be extended by the carrier, and (2) where the shipper has not supplied upon request by the carrier, an address or telephone number at which the communication would be received.(d) Report of Underestimates. Every motor common carrier of household goods shall file each month with the Commissioner of Safety and Homeland Security, Commercial Vehicle Enforcement Division, 1150 Foster Avenue, Nashville, Tennessee, 37243, a report of all instances during the proceeding month where the actual charges for services rendered exceeded the estimates of such charges by ten (10) percent or twenty-five dollars ($25), whichever is greater, with an explanation of reasons for variances.(e) Reweighing. The carrier, upon request of shipper, owner or consignee, made prior to delivery of a shipment, and when practical to do so will reweigh the shipment. The lower of the two net scale weights shall be used for determining the applicable charges. If the reweigh develops a net scale weight in excess of the initial net scale weight and me rewash net scale weight is less than one hundred (100) pounds on a shipment weighing five thousand (5,000) pounds or less or two per cent or less of the lower net scale weight on shipments in excess of five thousand (5,000) pounds, a reasonable reweigh charge may be established.(f) Information on Bill of Lading. Each Bill of Lading on household goods shipments shall have indicated thereon the method by which the estimate of charges was made and the amount of the estimate.(3) Claims for Loss or Damage(a) Acknowledgement of Claims. Every Common carrier of household goods which receives a written claim for loss of or damage to property transported by it shall acknowledge receipt of such claim in writing to the claimant within thirty (30) calendar days after its receipt by the carrier or the carrier's agent. The carrier shall at the time such claim is received, cause the date of receipt to be recorded on the claim.(b) Handling by carrier. Every such carrier which receives a written claim for loss by damage to household goods transported by it shall pay, decline, or make a firm compromise settlement offer in writing to the claimant within one hundred twenty (120) days after receipt of the claim by the carrier or its agent. Provided, that, if for reasons beyond the control of the carrier the claim cannot be processed and disposed of within one hundred twenty (120) days after the receipt thereof, the carrier shall at that time and at the expiration of each succeeding thirty (30) day period while the claim remains pending advise the claimant in writing of the status of the claim and the reasons for the delay in making final disposition thereof, and send a copy of such letter to the Commissioner of Safety and Homeland Security, Commercial Vehicle Enforcement Division, 1150 Foster Avenue, Nashville, Tennessee, 37243.(4) Information to Shippers (a) Each household goods carrier shall be required to present each prospective household goods shipper an information pamphlet containing such provisions as this Commissioner shall prescribe or approve.Tenn. Comp. R. & Regs. 1340-06-01-.13
Original rule certified May 9, 1974. Rule 1340-06-01-.13 was transferred from rule 1220-02-01-.13 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012.Authority: T.C.A. §§ 65-15-106 and 65-15-113.