FMCSA Rule Changes for Interstate HHG Motor Carriers
The Federal Motor Carrier Safety Administration (FMCSA) is amending the Transportation of Household Goods regulations to incorporate recommendations from the Household Goods Consumer Protection Working Group (Working Group) contained in the Recommendations to the U.S. Department of Transportation to Improve Household Goods Consumer Education, Simplify and Reduce Paperwork, and Condense FMCSA Publication ESA 03005.
A summary of major provisions is below. The entire Federal Register notification is attached. These changes are effective 27 June, 2022.
Summary of the Major Provisions This rule implements 10 of the Working Group’s 11 recommendations that require a rulemaking. These recommendations update a variety of
regulatory requirements under 49 CFR part 375.
This final rule implements the recommendations to revise appendix A to part 375 with:
- an updated version of the Your Rights and Responsibilities
When You Move booklet (Rights and Responsibilities) and
- to require motor carriers to provide the Rights and Responsibilities booklet at the same time as the estimate instead of at the time of
the order for service, as previously required.
- This rule also implements the recommendation to require the preparation of a new binding estimate or new non-binding estimate when the
individual shipper tenders additional items or requests additional services.
- This incorporates into the regulations certain provisions from the FMCSA guidance titled Regulatory Guidance
Concerning Household Goods Carriers Requiring Shippers To Sign Blank or Incomplete Documents (76 FR 50537, Aug. 15, 2011) (2011 guidance).
- FMCSA is also incorporating other provisions from the 2011 guidance that clarify that an individual shipper may never be required to sign a blank document, and that the shipper may be required to sign an incomplete document only when it is missing certain information that cannot be determined before the document must be signed.
The other Working Group recommendations being implemented in this final rule include:
- Allowing for virtual surveys of household goods;
- requiring motor carriers to conduct surveys beyond a 50-mile radius;
- removing the requirement for an order for service;
- updating the requirements in the bill of lading; requiring the bill of lading to be provided earlier in the moving process;
- replacing the requirement for a freight bill with an invoice;
- and requiring all motor carriers that have a website to display prominently a link to either Ready to Move? on the FMCSA website or to a true and accurate copy of Ready to Move? on their own websites.
In addition to implementing the Working Group’s recommendations, FMCSA is making additional minor changes to the regulations in 49 CFR parts 371 and 375 which are intended to increase clarity and consistency. The recommendations and changes made in this rulemaking are discussed in greater detail in the NPRM (86 FR 43818, Aug. 10, 2021).