New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 829 - Rates Dependent Upon Release Or Agreed Value › Section 829.2 - Transportation of household goods

Current through Register Vol. 46, No. 28, July 10, 2024
All motor carriers of household goods, as that term is
						defined in Part 800 of this Title, are hereby authorized to establish and
						maintain by filing and posting in the manner provided in the tariff regulations
						of the Commissioner of Transportation, rates for the transportation of
						household goods dependent upon the released value of the property declared by
						the shipper in writing, or agreed upon in writing, and the limitation of
						carrier's liability to an amount not exceeding such released value, as
						follows:
(a) Where the transportation
					 charges are calculated from rates based upon mileage and weight, then as
					 follows:
Released values
									 and liability limitations
Transportation
									 rate basis
Storage in transit
									 rate basis
Released to a value not exceeding 60 cents per
									 pound per article for the actual weight of any article or articles in a
									 shipment.
Base transportation rate.
Base storage rate.
Released to a declared lump sum value for an
									 entire shipment. However, if the value declared is less than $1.25 times the
									 actual weight or authorized tariff estimated weight (in pounds) of the
									 shipment, such declaration will be ineffective, and the shipment will be deemed
									 instead to have been released to a declared lump sum value equal to $1.25 times
									 the actual or authorized tariff estimated total weight (in pounds) of the
									 shipment.
Base transportation rate plus a valuation
									 charge of 50 cents for each $100, or fraction thereof, of the released or
									 declared value of the entire shipment.
Base storage rate for the first storage period
									 of 60 days. Thereafter, base storage rate plus a value charge of $1 per $1000
									 of the declared or released value whichever is greater, for each storage period
									 of 30 days, or fraction thereof, in excess of the first period of 60
									 days.
No rule of co-responsibility may be employed to reduce
						the liability of the carrier for loss, damage, or delay to the property. The
						total parts comprising any article knocked down or taken apart for handling or
						loading shall constitute one article for the purpose of determining the
						carrier's liability as provided above.
(1) Changes in rates or released valuations.
Changes may be made in the rates or charges established
						under the authority of this subdivision, but the released values provided
						herein may not be decreased, nor may the value charges as specified herein be
						increased without specific authority of the commissioner.
(2) Statement on bills of lading.
The bill of lading issued for any shipment accepted for
						transportation or transportation and storage in transit at released rates and
						charges established and maintained under authority of this subdivision, shall
						have printed in distinctive color in bold-face type on the face thereof a
						statement reading as follows:
"Unless the shipper expressly releases the shipment to a
						value of 60 cents per pound per article, the carrier's maximum liability for
						loss and damage shall be either the lump sum value declared by the shipper or
						an amount equal to $1.25 for each pound of weight (actual or estimated as
						provided by carrier's tariff) in the shipment, whichever value is
						greater."
The release of value must be entered in the following
						form directly below and immediately following the foregoing statement, and must
						be completed only by the person signing it:
The shipment will move subject to the rules and
						conditions of the carrier's tariff. Shipper hereby releases the entire shipment
						to a value not exceeding
(to be completed by the person signing
						below)
NOTICE: THE SHIPPER SIGNING THIS CONTRACT MUST INSERT IN
						THE SPACE ABOVE, IN HIS OWN HANDWRITING, EITHER HIS DECLARATION OF THE ACTUAL
						VALUE OF THE SHIPMENT, OR THE WORDS "60 CENTS PER POUND PER ARTICLE. OTHERWISE,
						THE SHIPMENT WILL BE DEEMED RELEASED TO A VALUE EQUAL TO $1.25 TIMES THE WEIGHT
						(ACTUAL OR ESTIMATED AS PROVIDED BY CARRIER'S TARIFF) OF THE SHIPMENT IN
						POUNDS.
(3) Statement in
					 tariffs.
Tariffs containing rates or charges established under
						authority of this subdivision shall specifically provide the carrier's maximum
						liability for loss of or damage to property shall be the lump sum value
						declared or an amount equal to $1.25 times the weight (actual or estimated as
						provided by carrier's tariff) of the shipment in pounds, whichever value is
						greater, unless the shipper expressly releases the shipment to a value of 60
						cents per pound per article, in which case the carrier's liability shall not be
						exceed that value. Tariffs shall provide that in the event shipper does not
						declare a lump sum value or release the shipment to a value of 60 cents per
						pound per article the shipment will be deemed released to a lump sum value
						equal to $1.25 times the total weight (actual or estimated, as applicable) of
						the shipment in pounds. No rule of co-responsibility may be employed. Such
						tariffs shall show the following notation:
"Rates or charges herein based on released value have
						been authorized by the Commissioner of Transportation, State of New York, in
						Released Rate Order DOT-NY-No. M____ of ____subject to complaint or
						suspension."
Where an estimated instead of actual weight is to be used
						in determining a valuation charge because of the physical inability of carrier
						to obtain the actual weight, the tariff shall specifically provide the
						conditions under which an estimated weight will be used and shall further
						explicitly provide a method of determining the estimated weight.