Page:United States Statutes at Large Volume 119.djvu/1772

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[119 STAT. 1754]
[119 STAT. 1754]
PUBLIC LAW 109-000—MMMM. DD, 2005

119 STAT. 1754

PUBLIC LAW 109–59—AUG. 10, 2005 ‘‘(A) IN GENERAL.—Except as otherwise provided in this subsection, every motor carrier providing transportation of household goods described in section 13102(10)(A) as a household goods motor carrier and subject to jurisdiction under subchapter I of chapter 135 shall conduct a physical survey of the household goods to be transported on behalf of a prospective individual shipper and shall provide the shipper with a written estimate of charges for the transportation and all related services. ‘‘(B) WAIVER.—A shipper may elect to waive a physical survey under this paragraph by written agreement signed by the shipper before the shipment is loaded. A copy of the waiver agreement must be retained as an addendum to the bill of lading and shall be subject to the same record inspection and preservation requirements of the Secretary as are applicable to bills of lading. ‘‘(C) ESTIMATE.— ‘‘(i) IN GENERAL.—Notwithstanding a waiver under subparagraph (B), a carrier’s statement of charges for transportation must be submitted to the shipper in writing and must indicate whether it is binding or nonbinding. The written estimate shall be based on a physical survey of the household goods if the household goods are located within a 50-mile radius of the location of the carrier’s household goods agent preparing the estimate. ‘‘(ii) BINDING.—A binding estimate under this paragraph must indicate that the carrier and shipper are bound by such charges. The carrier may impose a charge for providing a written binding estimate. ‘‘(iii) NONBINDING.—A nonbinding estimate under this paragraph must indicate that the actual charges will be based upon the actual weight of the individual shipper’s shipment and the carrier’s lawful tariff charges. The carrier may not impose a charge for providing a nonbinding estimate. ‘‘(2) OTHER INFORMATION.—At the time that a motor carrier provides the written estimate required by paragraph (1), the motor carrier shall provide the shipper a copy of the Department of Transportation publication FMCSA–ESA–03–005 (or its successor publication) entitled ‘Ready to Move?’. Before the execution of a contract for service, the motor carrier shall provide the shipper copy of the Department of Transportation publication OCE 100, entitled ‘Your Rights and Responsibilities When You Move’ required by section 375.213 of title 49, Code of Federal Regulations (or any successor regulation).’’.

SEC. 4206. ENFORCEMENT OF REGULATIONS RELATED TO TRANSPORTATION OF HOUSEHOLD GOODS.

(a)

NONPREEMPTION OF INTRASTATE TRANSPORTATION OF HOUSEHOLD GOODS.—Section 14501(c)(2)(B) of title 49, United States Code, is amended by inserting ‘‘intrastate’’ before ‘‘transportation’’. (b) ENFORCEMENT OF FEDERAL LAW WITH RESPECT TO INTERSTATE HOUSEHOLD GOODS CARRIERS.— (1) IN GENERAL.—Chapter 147 of such title is amended by adding at the end the following:

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