New Mexico Register / Volume XXXV, Issue 12 /
June 25, 2024
TITLE 18 TRANSPORTATION
AND HIGHWAYS
CHAPTER 3 MOTOR CARRIER
GENERAL PROVISIONS
PART 11 HOUSEHOLD
GOODS CARRIERS
18.3.11.1 ISSUING
AGENCY: New Mexico Department of Transportation.
[18.3.11.1 NMAC - Rp, 18.3.11.1 NMAC, 7/1/2024]
18.3.11.2 SCOPE: This
rule applies to all household goods carriers (HGCs) subject to the jurisdiction
of the department.
[18.3.11.2 NMAC - Rp, 18.3.11.2 NMAC, 7/1/2024]
18.3.11.3 STATUTORY
AUTHORITY: Sections 65-2A-4, 65-2A-25, and 65-2A-26 NMSA
1978, and 2023 N.M. Laws, Chapter 100, Section 8.
[18.3.11.3 NMAC - Rp, 18.3.11.3 NMAC, 7/1/2024]
18.3.11.4 DURATION:
Permanent.
[18.3.11.4 NMAC - Rp, 18.3.11.4 NMAC, 7/1/2024]
18.3.11.5 EFFECTIVE
DATE: July 1, 2024, unless a later date is cited at the end of a
section.
[18.3.11.5 NMAC - Rp, 18.3.11.5 NMAC, 7/1/2024]
18.3.11.6 OBJECTIVE: The
purpose of this rule is to implement Sections 65-2A-25 and 65-2A-26 NMSA 1978.
[18.3.11.6 NMAC - Rp, 18.3.11.6 NMAC, 7/1/2024]
18.3.11.7 DEFINITIONS:
A. accessorial services means services such as packing, marking, unpacking, and
appliance servicing, assembling, and disassembling that the shipper requests to
be performed or are necessary because of special circumstances;
B. bill of lading means the receipt
for the shipper's household goods and the contract for their transportation;
C. binding estimate means an
agreement made in advance between the shipper and the HGC that guarantees the
total cost of the move based on the quantities and services shown on the
estimate;
D. exclusive use of a vehicle means
an agreement that the shipper's shipment will be moved by itself on the HGC's
transporting motor vehicle;
E. expedited service means an
agreement between the shipper and the HGC to perform transportation by a set
date in exchange for a higher charge;
F. guaranteed pickup and delivery
service means an agreement between the shipper and the HGC to pick up and
deliver the shipment on specified dates that provides for the HGC to reimburse
the shipper for delays;
G. inventory means the detailed
descriptive list of the shipper's household goods showing the number and
condition of each item;
H. non-binding estimate means the
carrier's approximation of the cost of the move based on the estimated
weight of the shipment and the accessorial services requested; a non-binding
estimate is not enforceable against the carrier as the final charges are based
on the actual weight and tariff provisions in effect;
I. shipper means the consumer of
the HGC services.
J. storage in transit means temporary storage of the shipper's
shipment pending further transportation.
[18.3.11.7 NMAC - Rp, 18.3.11.7 NMAC, 7/1/2024]
18.3.11.8 COST
ESTIMATES: An HGC must provide a writ10 cost estimate to
the shipper prior to loading the household goods. The estimate must clearly describe the
shipment and all services requested and list the maximum amount the shipper may
be required to pay. The HGC shall retain
for inspection a copy of each estimate that resulted in the provision of
services for a period of three years.
A. Binding estimates of total cost:
(1) The HGC may charge for providing a binding estimate.
(2) Charges are limited to the maximum amount listed on the binding
estimate and payment is due at the time of delivery. Upon such payment, the HGC must release the
goods to the shipper. If the shipper does
not pay the charges at the time the shipment is delivered, the HGC may place
the shipment in storage at the shipper's expense until the charges are paid.
B. Non-binding estimates of approximate
cost:
(1) An HGC shall not charge for providing a non-binding estimate.
(2) If the HGC provides a non-binding estimate, the shipper shall not be
required to pay more than the amount of the original estimate, plus 10 percent,
at the time of delivery and, upon such payment, the HCG must release the goods
to the shipper. The shipper shall have 30 days after delivery to pay any
remaining charges. If the shipper cannot pay the required charges at the time
the shipment is delivered, the HGC may place the shipment in storage at the
shipper's expense until the charges are paid.
(3) If the HGC is asked or required to provide more services than those
included in the estimate, the HGC must present an itemized list of charges for
those services to the shipper at the time of delivery. The shipper shall have
30 days after delivery to pay the additional charges.
[18.3.11.8 NMAC - Rp, 18.3.11.8 NMAC, 7/1/2024]
18.3.11.9 LIMITATIONS
ON SERVICE OPTIONS: An HGC may offer the following service
options. However, an HGC may not charge for these or any other
services unless the charge is included in the HGC's commission-approved tariff.
A. Space reservation: The HGC may not enter into an agreement for
the shipper to pay for a minimum number of cubic or linear feet in the HGC's
transporting vehicle, regardless of how much space is actually
occupied by the shipment, when the shipment completely occupies the
transporting vehicle.
B. Expedited service: An HGC may subject shipments weighing less
than the minimums specified in this subsection to reasonable delay for
consolidation aboard a single vehicle.
When a shipper orders expedited service with a specified delivery date
and the HGC is unable to consolidate the shipment with other shipments, the HGC
may base transportation charges on the specified minimum weights.
(1) Shipments moving zero to fifty miles, 3,000 pounds minimum;
(2) Shipments moving fifty miles to one hundred miles, 5,000 pounds
minimum;
(3) Shipments moving one hundred and one miles to two hundred miles, 8,000
pounds minimum;
(4) Shipments moving two hundred and one miles to 300 miles, 10,000 pounds
minimum;
(5) Shipments moving three hundred and one miles and up, 12,000 pounds
minimum.
C. Exclusive use of a vehicle:
(1) An HGC may require a minimum charge for exclusive use of a vehicle.
(2) An HGC may not
enter into an exclusive use of vehicle agreement with a shipper when the
shipment completely occupies the transporting vehicle.
D. Guaranteed pickup and delivery: The liability provided by a guaranteed pickup
and delivery agreement is in addition to and shall in no way limit the
liability of the HGC otherwise provided by law.
E. Storage in transit:
(1) A shipper may place a shipment that is in transit in storage one or
more times for an aggregate of no more than 180 days.
(2) Upon the expiration of the 180 day period, the storage facility shall
be considered the final destination and all accrued
charges shall become due and payable.
(3) The shipper or the shipper's agent may add to or remove goods from
storage and the HGC shall adjust the charges to the new weight of the shipment.
F. Accessorial services. An HGC shall clearly describe on the bill of
lading each accessorial service provided to a shipper.
G. Advanced charges. The HGC may bill a shipper for services not
performed by the HGC but by a third party at the shipper's request only if such
services are clearly described on the bill of lading and supported by a copy of
the third party's invoice.
[18.3.11.9 NMAC - Rp, 18.3.11.9 NMAC, 7/1/2024]
18.3.11.10 BILL OF
LADING:
A. Before accepting household goods for
transport, the HGC shall prepare
and deliver to the shipper a complete bill of lading for every shipment it will
transport.
B. A copy of the bill of lading
should accompany the shipment at all times.
C. The HGC shall retain a copy of
the bill of lading in its files for a period of three years.
D. All bills of lading shall comply
with, be governed by, and have the consequences stated in the
Uniform Commercial Code of New Mexico and any other applicable law.
[18.3.11.10 NMAC - Rp, 18.3.11.10 NMAC, 7/1/2024]
18.3.11.11 CON10TS OF
THE BILL OF LADING: Use of the uniform bill of lading meets the
requirements of this rule. If another
form is used, the bill of lading must contain at least the following
information:
A. the number of the bill of
lading;
B. the name, address, telephone
number and NMPRC transportation number of the issuing HGC;
C. the name and address of any
other HGCs participating in the shipment, if known;
D. the date the shipment was
received by the HGC;
E. the name, address and, if
available, telephone number of the shipper;
F. the points of origin and
destination;
G. a description of the items 10dered
and received for transportation;
H. the weight, volume, or
measurement of the items 10dered and received for transportation, if applicable
to the rating of the freight;
I. where applicable, the valuation
of the shipment on which the bill of lading was issued;
J. if known, the amount of
charges, method of payment and, if a cash on delivery (COD) shipment, the
amount of the COD charges and the name of the person who is to pay the charges;
K. agreed pick-up and delivery
date, if any; and
L. identification number assigned
to the shipment by the HGC, if any.
[18.3.11.11 NMAC - Rp, 18.3.11.11 NMAC, 7/1/2024]
18.3.11.12 INVENTORY:
A. Required: The HGC shall prepare an inventory of
each shipment prior to transport.
(1) The inventory shall consist of a description of each article in the
shipment, shall list any damage or unusual wear, and shall indicate which
containers were packed or crated by the HGC and which were packed or crated by
the shipper.
(2) The HGC and the shipper shall each sign the inventory, and the shipper
shall then be solely responsible for its accuracy.
(3) At the time the shipment is delivered, the shipper shall be given the
opportunity to check the items delivered against the items listed on the
inventory. If new damage is discovered,
the shipper shall be given the opportunity to record it on the inventory.
(4) The HGC shall retain a legible copy of the inventory in its files for a
period of three years.
B. Exception: A shipper may waive in writing the
requirement for an inventory if:
(1) the pickup and delivery points for the shipment are no more than 30
miles apart;
(2) the shipment is billed at an hourly rate; and
(3) the shipper has exclusive use of the vehicle.
[18.3.11.12 NMAC - Rp, 18.3.11.12 NMAC, 7/1/2024]
18.3.11.13 WEIGHING:
A. The HGC shall follow weighing
practices designed to ensure reasonable accuracy.
B. Each time a weighing is
performed the HGC shall obtain a weight ticket showing the date and place of
weighing and the weight obtained. The
person who performed the weighing shall sign the ticket.
C. The weight of a shipment shall
be the difference between the tare weight of the vehicle on which the shipment
is loaded and the gross weight of the same vehicle after the shipment is
loaded.
D. While weighing, the HGC's
vehicle shall have full fuel tanks and shall contain the equipment required to
transport the shipment, including pads, dollies and ramps.
E. Shipments weighing less than
1,000 pounds may be weighed separately on a certified scale.
F. The shipper or its agent has the
right to observe all weighings.
G. A shipper or its agent may
request a re-weigh prior to the HGC unloading the shipment. Charges shall be based on the re-weigh.
H. No HGC shall charge for weighing
or re-weighing.
[18.3.11.13 NMAC - Rp, 18.3.11.13 NMAC, 7/1/2024]
18.3.11.14 RECEIPT FOR
DELIVERY:
A. The HGC shall provide the
shipper with a receipt for delivery that includes at a minimum the bill of
lading, a copy of the inventory and, if applicable, the weigh tickets.
B. No HGC shall require a shipper
to sign a receipt that relieves the HGC from all liability for loss or damage
to the shipment.
[18.3.11.14 NMAC - Rp, 18.3.11.14 NMAC, 7/1/2024]
18.3.11.15 LIABILITY
FOR LOSS AND DAMAGE: The HGC is required to assume, at a minimum,
liability for the released value of the shipper's goods.
A. Released value:
(1) The HGC shall not charge for assuming liability for the released value
of a shipment.
(2) The HGC shall specify in its tariff a rate per pound for released value
liability.
(3) The HGC shall settle loss or damage claims based on the pound weight of
the lost or damaged article multiplied by the tariffed rate.
(4) The shipper must declare acceptance of released value liability on the
bill of lading.
B. Declared value:
(1) The HGC shall specify in its tariff a rate per thousand dollars, or
fraction thereof, for declared value liability.
(2) The shipper must declare a specific dollar amount for the declared
value of the shipment.
(3) The HGC shall settle loss or damage claims based on the declared value
of the lost or damaged items up to the maximum liability for the entire
shipment.
(4) The shipper must declare acceptance of declared value liability on the
bill of lading.
C. Replacement value:
(1) The HGC shall specify in its tariff a rate per thousand dollars, or
fraction thereof, for replacement value liability.
(2) The shipper must declare a specific dollar amount for the replacement
cost value of the shipment.
(3) The HGC shall settle loss or damage claims based on the replacement
cost of the lost or damaged items up to the maximum liability for the entire
shipment.
(4) The shipper must declare acceptance of replacement cost liability on
the bill of lading.
D. Articles of extraordinary value:
The HGC may, but is not required to,
assume liability for documents, currency, jewelry, precious stones, accounts,
bills, deeds, securities, notes, stamp or coin collections, letters, art, or
other articles of peculiar inherent value, if the articles are listed on the
bill of lading with a specific value for each article. If the HGC refuses to assume such liability,
the HGC shall notify the shipper in writing before accepting such articles for
shipment.
[18.3.11.15 NMAC - Rp, 18.3.11.15 NMAC, 7/1/2024]
18.3.11.16 CLAIMS:
A. Upon discovery of a claim for loss,
damage, overcharge, or any other matter, the shipper shall immediately notify
the HGC in writing and give the HGC a reasonable opportunity to inspect the
item that is the basis for the claim and the original package, if any. The claim shall be accompanied by the
original or a true copy of the bill of lading.
B. The HGC shall not be responsible
for loss or damage occurring:
(1) after the shipper or the shipper's agent has been given the opportunity
to check the items delivered against the items listed on the inventory and has
signed the inventory without noting any loss or damage;
(2) when the shipper directs the HGC to deliver the shipment to a place
where the shipper or the shipper's agent is not present; or
(3) when the HGC is directed to load a shipment at a place where the
shipper or the shipper's agent is not present.
C. A HGC shall be responsible for
the repair or replacement of a lost or damaged article that is a matched piece
or part of a set but shall not be liable for replacing the entire set.
D. When liability is measured by
weight of a container or carton, and actual weights are unobtainable, the
following items shall be deemed to have the following weights, unless specific
evidence is presented to the contrary:
(1) dish-pack drum, 60 pounds;
(2) cartons less than one and one-half cu. ft., 20 pounds;
(3) cartons one and one-half cu. ft. to less than three cu. ft., 25 pounds;
(4) cartons three cu. ft. to less than four and one-half cu. ft., 30
pounds;
(5) cartons four and one-half cu. ft. to less than six cu. ft., 35 pounds;
(6) cartons six cu. ft. to less than six and one-half cu. ft., 45 pounds;
(7) cartons six and one-half cu. ft. and over, 50 pounds;
(8) wardrobe carton, 50 pounds;
(9) mattress or box spring carton not exceeding 54" x 75", 60
pounds;
(10) mattress or box spring carton exceeding 54" x 75", 80 pounds;
(11) crib mattress carton, 22 pounds;
(12) cartons containing books, phonograph records, tapes or CDs, 50 pounds;
(13) cartons containing lampshades, five pounds; and
(14) items not identified on the inventory as to con10ts will be settled for
the heaviest weight on the schedule for the container.
[18.3.11.16 NMAC - Rp, 18.3.11.16 NMAC, 7/1/2024]
18.3.11.17 NOTICE TO
PROSPECTIVE SHIPPERS: An HGC shall deliver to every shipper a writ10
notice containing a statement in substantially the following form: "This motor carrier operates pursuant to
NMDOT Operating Authority No., (insert operating authority number). If you have questions or problems with the
service provided by this company, contact the New Mexico department of
transportation, P.O. Box 1149, Santa Fe, NM 87504-1149, 505-795-1401."
[18.3.11.17 NMAC - Rp, 18.3.11.17 NMAC, 7/1/2024]
18.3.11.18 HOUSEHOLD
GOODS AGENTS:
A. Any contract or agreement
between an HGC and its agent shall be in writing and shall specify the
territory in which the agent is to serve.
Each party shall keep a copy of the contract as part of its records at
its principal place of business.
B. Each HGC shall file a current,
accurate list of its agents and their telephone numbers and physical locations
and mailing addresses with its annual report.
An HGC shall report any additions or deletions from the list to the commission
as they occur.
C. The HGC's agent shall operate
under the trade name of the HGC it represents, shall display the trade name of
the HGC prominently in its advertising and shall, in all representations to the
public, prominently display the name of the HGC and the fact that the agent is
acting as the HGC's agent.
D. The HGC's agent shall
prominently display the trade name of the HGC principal on all vehicles owned
by the agent and used in the pick-up and delivery of intrastate shipments.
E. The HGC's agent shall maintain at its place of business for inspection by the
public copies of the tariffs under which the HGC operates.
F. The HGC's
agent shall retain as part of its records for a period of three years all
documents relating to every shipment that it negotiates or handles, including
but not limited to all estimates, contracts, bills of lading, waybills, and
freight bills.
[18.3.11.18 NMAC - Rp, 18.3.11.18 NMAC, 7/1/2024]
18.3.11.19 JOINT
TRANSPORTATION BETWEEN HGCS:
A. No HGC shall arrange any
shipment to, from, or between points it is not authorized to serve.
B. An HGC may share in the revenue
from a shipment only if it has authority to haul it. All charges for joint transportation shall be
collected by the HGC domiciled in New Mexico who booked or transported it and
that HGC shall account to all participating HGCs for their share of the
charges.
C. Each bill of lading, route
manifest, and freight bill shall bear the name of every HGC participating in
the transportation of the shipment.
[18.3.11.19 NMAC - Rp, 18.3.11.19 NMAC, 7/1/2024]
18.3.11.20 PROVISIONS
REGARDING SPECIFIC TYPES OF ARTICLES:
A. Hazardous matter: The HGC shall
not accept or transport hazardous matter or articles that cannot be taken from
the premises without damaging the articles or the premises. When the HGC reasonably believes articles or
con10ts of packages must be inspected for compliance with this rule, the HGC
shall make or cause such inspection, and may subsequently require sufficient
evidence to determine the actual character of the articles. The shipper shall reimburse the HGC according
to labor rates published in the HGC's tariff.
B. Perishable articles: The HGC shall not accept perishable articles
or articles requiring refrigeration. The
HGC may, in its discretion, accept frozen foods under the following conditions:
(1) the food is contained in a regular food freezer and is frozen solid at
the time of loading;
(2) both the point of origin and the destination of the shipment are within
New Mexico;
(3) no storage or delay is required in transit;
(4) delivery may be accomplished within 24 hours of the time of loading;
and
(5) notwithstanding any other provision of this rule, the HGC shall in no
case be liable for the condition or flavor of the food.
[18.3.11.20 NMAC - Rp, 18.3.11.20 NMAC, 7/1/2024]
18.3.11.21 IMPRACTICABLE
OPERATIONS AND SERVICE: No HGC shall be required to perform any
service at a place which is inaccessible, or where the operation of motor
vehicles or presence of personnel would subject either to unreasonable risk,
loss or damage such as, but not limited to, road conditions, buildings, riots,
strikes, war, civil disturbances, and all other hazards.
A. When, due to inaccessibility or
otherwise, a HGC cannot perform pickup, delivery, or other services, the HGC
will make the motor vehicle available at the nearest accessible point deemed
reasonably safe for its operation and personnel.
B. When an HGC, due to
inaccessibility or otherwise, cannot operate its motor vehicle to the point of
pick-up or delivery, upon permission of the shipper or consignee the HGC may
utilize smaller equipment and more labor to continue the move and may charge
additionally as provided in the HGC's tariff.
C. When a shipper will not accept delivery at the nearest point of safe approach, the HGC may place the shipment in the nearest public warehouse or storage facility. At that time, the shipment shall be deemed delivered and all charges shall be due and payable immediately. Transport charges shall be computed from the loading point of origin to the delivery destination point, and then from the destination point to the public warehouse or storage facility, on a continuous mileage or hourly basis, whichever is applicable.
[18.3.11.21 NMAC - Rp, 18.3.11.21 NMAC, 7/1/2024]
18.3.11.22 MISCELLANEOUS
PROVISIONS:
A. Packing and marking: The HGC shall properly pack fragile or
breakable articles and mark the fragile character of the con10ts on the
containers in distinct letters.
B. Minimum shipment charge: Unless otherwise provided, shipments moving
on a weight or time basis shall be subject to a minimum charge based on 1,000
pounds or one hour, at rates provided in the HGC's tariff.
C. Failure to make delivery: When, through no fault of its own, the HGC is
unable to locate a consignee at the address furnished by the shipper, or if the
consignee is unable to accept or declines delivery, the HGC shall mail,
telephone, or fax notification of failure to make delivery to the shipper or
consignee and shall place the shipment in storage. If the shipper requests subsequent delivery,
the HGC may assess charges for delivery from storage to the destination in
addition to the transportation and storage charges already accrued.
D. Pickup or delivery at warehouses and
docks: If a shipper orders pickup or
delivery at a warehouse, dock or other point which charges a fee for pick up or
delivery, the shipper will pay such fee in addition to paying the HGC's rates
for loading or unloading at the warehouse dock, door, or other point accessible
to the HGC's vehicle.
E. Reasonable dispatch: Each HGC accepting shipments of household
goods shall transport the shipment with reasonable dispatch, within the time
specified in the bill of lading. The HGC
shall notify the shipper of any delay as soon as it becomes apparent to the HGC
that it will be unable to comply with the anticipated delivery date.
[18.3.11.22 NMAC - Rp, 18.3.11.22 NMAC, 7/1/2024]
18.3.11.23 VOLUNTARY
DISPUTE SETTLEMENT PROGRAM: A shipper may avail himself or herself of the
dispute settlement program by submitting a writ10 request to the department.
A. Upon
receipt of the informal complaint, the department shall request that the HGC submit
a response to the informal complaint.
The department may request any information from the shipper or the HGC that
it deems relevant to the dispute. The department
shall review the submissions and issue a writ10 determination on the dispute to the shipper and the HGC.
B. The determination shall be binding on the parties 15 days after it is issued. Either party may request a reconsideration of the determination in writing within 10 days after the date of issuance of the determination. The request for reconsideration must contain:
(1) a copy of the determination;
(2) a clear and concise statement of the relief sought;
(3) a list of each fact or legal principle that the requestor believes were
misunderstood, and a brief statement as to why the department should reconsider
each item on the list;
(4) the mailing address and exact legal and “doing business as” name of the
HGC; and
(5) the name, phone, e-mail and mailing address of the shipper.
[18.3.11.23 NMAC - Rp, 18.3.11.23 NMAC, 7/1/2024]
18.3.11.24 MAXIMUM ALLOWABLE RATES: The maximum allowable rate for HGC service shall be the rate approved
and posted by the department, and calculated in
accordance with these rules.
[18.3.11.24 NMAC - Rp, 18.3.11.24 NMAC, 7/1/2024]
HISTORY OF 18.3.11 NMAC
Pre-NMAC history. The material in this rule was previously
filed with the State Records Center as:
SCC 68-16, N.M. Motor Carrier Act, Rules and Regulations, effective
Sept. 1, 1967, filed on 3/14/1968;
SCC 71-6, N.M. Motor Carrier Act, Rules and Regulations, effective July
1, 1971, filed on 9/21/1971;
SCC 73-1, N.M. Motor Carrier Act, Rules and Regulations, filed on 6/14/1973;
SCC 74-1, N.M. Motor Carrier Act, Rules and Regulations, effective July
1, 1973, filed on 2/5/1974;
SCC 75-1, N.M. Motor Carrier Act, Rules and Regulations, effective Jan.
1, 1975, filed on 4/17/1975;
SCC 75-3, N.M. Motor Carrier Act, Rules and Regulations (Rev.),
effective Jan. 1, 1975, filed on 9/19/1975;
SCC 76-1, N.M. Motor Carrier Act, Rules and Regulations, effective April
1, 1976, filed on 4/15/1976;
SCC 77-1, N.M. Motor Carrier Act, Rules and Regulations, effective Jan.
1, 1977, filed on 1/25/1977;
SCC Rule 262, Bills of Lading and Route Manifests, filed on 1/5/1993;
SCC Rule 268, Household Goods Carriers, filed on 1/5/1993.
HISTORY OF
REPEALED MATERIAL:
SCC Rule 262, Bills of Lading and Route Manifests, filed on 1/5/1993;
SCC Rule 268, Household Goods Carriers, filed on 1/5/1993.
18.3.11 NMAC, Motor Carrier General
Provisions - Household Good Carriers, filed 12/10/2002, repealed 2/13/2015.
18.3.11 NMAC, Motor Carrier General
Provisions - Household Good Carriers, filed 1/28/2015, repealed 7/1/2024.
OTHER HISTORY:
18.3.11 NMAC, Household Good Carriers (filed 1/28/2015)
was replaced by 18.3.11 NMAC, Household Good Carriers effective 7/1/2024.