Per 49 CFR 1312, household goods carriers must maintain tariffs, but the tariffs are not filed with the government. An interstate household goods moving company may transport household goods for a fee only if the rates, and related rules and practices, for such transportation or service are contained in a published tariff. (49 CFR 1312.2(a)).

Furthermore, the carrier may not charge or receive a different compensation for the transportation or service than the rate specified in the tariff, whether by returning a part of that rate to a person, giving a person a privilege, allowing the use of a facility that affects the value of that transportation or service, or another device. The carrier shall keep such tariffs available for public inspection upon request. (49 CFR 1312.2(b)). What this means is that a moving company may only charge the customer the rates that are in the tariff, nothing more and nothing less.

The Law Office of David Piotrowski publishes tariffs for interstate household goods moving companies to comply with 49 CFR 1312. Learn more about our tariff publishing service.

For more blog posts on household goods matters, click here. Receive a free consultation from the Law Office of David Piotrowski.

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…A carrier…may provide transportation or service that is for movement of household goods only if the rate for such transportation or service is contained in a tariff… 49 USC 13702(a)(2).

Furthermore, 49 USC 13702 requires that moving companies must only charge the rates that are listed in their tariff. This means the company cannot “discount” the rates in the tariff unless the tariff specifically outlines the discounts.

…The carrier may not charge or receive a different compensation for the transportation or service than the rate specified in the tariff, whether by returning a part of that rate to a person, giving a person a privilege, allowing the use of a facility that affects the value of that transportation or service, or another device. 49 USC 13702(a)(2).

This tariff must also be available for inspection upon request. 49 USC 13702(c)(1). The household goods carrier must provide notice that the tariff is available for inspection in its bill of lading or by other actual notice. 49 USC 13702(c)(2).

The failure to publish a household goods tariff as required by 49 USC 13702 can result in severe consequences to the carrier. The carrier can be issued a “Notice of Claim” and be subject to several types of penalties. If you are an interstate household goods carrier without a tariff, it is important that you create one as soon as possible. We can help you create a custom household goods tariff tailored to your individual needs.

If you have received a “Notice of Claim,” we may also be able to help with your official response. Based on the individual circumstances of your claim, we may be able to help negotiate a settlement and/or reduce the monetary penalty.

For more blog posts on household goods matters, click here. Receive a free consultation from the Law Office of David Piotrowski.

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Moving companies need to publish a household goods tariff in order to comply with federal law. If you transport household goods across state lines, you are subject to the FMCSA rules which requires that you publish a household goods tariff. Your published tariff will include your company rates and policies. It will outline your delivery timeframes and include all the required USDOT information needed to comply with federal tariff publishing laws.

The Law Office of David Piotrowski is an experienced transportation law firm with experience in tariff publishing. In addition, we assist with creating custom contracts including the Bill of Lading, Order for Service, Estimate, Revised Estimate, and more.

We are a full-service transportation law firm and we are ready to assist you with your tariff and other needs. Contact us at (877) 875-6958.

For more blog entries on household goods transportation issues, click this link: http://attorneydavid.com/blog/category/hhg/

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What is an FMCSA Notice of Claim? Per 49 CFR 386.11, a Notice of Claim is the commencement of a civil penalty proceeding for a violation of applicable rules and regulations. The notice of claim will contain the following:

• A statement setting forth the facts alleged
• A statement of the provisions of law allegedly violated by the moving company
• The proposed civil penalty (i.e. monetary fine) and notice of the maximum amount authorized to be claimed under the law
• The time, form, and manner whereby the moving company may pay, contest, or otherwise seek resolution of the notice of claim
• The Notice of Claim may also contain other information

49 CFR 386.14 outlines how a moving company can reply to a notice of claim. Within the time period allowed, the moving company  may:

• Pay the full amount as stated in the Notice of Claim
• Contest (fight) the Notice of Claim by requesting administrative adjudication
• Seek binding arbitration disputing the amount of the proposed penalty, but at the same time admitting the liability of the violations

There are pros and cons to each of the above reply options and legal counsel should be consulted prior to making a determination on how to best respond to the Notice of Claim.

Failing to properly respond to a Notice of Claim can result in severe penalties.

If a moving company receives notice of an upcoming audit, the household goods moving company should diligently prepare for it. A negative audit may result in fines or suspension/revocation of the carrier’s operating authority.

The Law Office of David Piotrowski performs “mock”audits to inform the moving company of their various strengths and weaknesses to help them better prepare for the audit.

For more blog posts on household goods matters, click here. Contact the Law Office of David Piotrowski today to assist with your FMCSA Notice of Claim.

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Moving companies who fail to publish a household goods tariff are subjected to fines and penalties that can be severe. Moving companies cannot afford not to publish a tariff. Our tariff publishing solution is affordable and is custom made for you by a transportation attorney. Contact us today for a free consultation at (877) 875-6958.

For help in publishing a household goods tariff, visit the tariff publishing page.

For more blog entries on household goods transportation issues, click this link: http://attorneydavid.com/blog/category/hhg/

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