N.Y. Comp. Codes R. & Regs. tit. 17 § 814.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 814.2 - Determination of charges

(a) All common carriers of household goods by motor vehicle engaged in the transportation of household goods subject to the jurisdiction of the Commissioner of Transportation shall establish rates for the transportation of household goods in the manner and form required by section 196 of the Transportation Law and the contemporaneously effective rules and regulations prescribed by the commissioner in Parts 825, 826 and 829 of this Title.

(b) Transportation charges shall be computed in accordance with the carrier's tariff on file with the Commissioner of Transportation.

(c)Accessorial, additional or terminal services.

(1) Every common carrier of household goods by motor vehicle shall establish in the manner prescribed in section 196 of the Transportation Law and the contemporaneously effective rules and regulations issued pursuant thereto in Parts 825, 826 and 829 of this Title, the charges to be made for each accessorial, additional or terminal service rendered in connection with the transportation of household goods by motor vehicle. The tariffs establishing such charges shall separately state each service to be rendered and the charge therefor.

(2) Carriers shall establish one charge for a complete packing service including providing a container, packing and unpacking and a separate charge for such service without unpacking and may establish separate charges for other combinations or forms of packing service.

(3) Charges for services shall be separately stated on a unit or hourly basis whichever is appropriate. Tariffs may state an hourly labor charge applicable to miscellaneous labor service performed at the request of a shipper in connection with the transportation, when a rate is not separately stated in the tariff for the service so requested.

(4) No charge so established shall be lower than the cost of performing the service. Such charges are not to be included, but are in addition to the charges based on the rate for transporting the household goods. The carrier shall not render a service for which no separate charge has been established.

(d) No discounts of any nature whatsoever shall be authorized by tariff provisions, or otherwise allowed by any such common carrier, and no rates or charges shall be established based upon prepayment of charges.

(e) Every common carrier of household goods and every officer, employee, agent or representative thereof, at the time of booking a movement of household goods, shall make a full and complete disclosure of all information as to rates and charges for the proposed service to be performed, including but not limited to: travel time if permitted by carrier's tariff; storage charges, if any; overtime rates, packing and container charges; labor charges; piano and hoisting charges; the method of payment of the total charges; and the limits of the carrier's liability for loss or damage to the shipment.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 814.2

Adopted New York State Register August 3, 2016/Volume XXXVIII, Issue 31, eff. 8/3/2016