| (a) Shipment weights. A carrier transporting household
goods on a not-to-exceed proposal using shipment weight as a factor
in determining transportation charges shall determine the weight of
each shipment transported prior to the assessment of any charges.
Except as provided in this section, the weight shall be obtained on
a certified scale.
(b) Weighing procedures.
(1) The weight of each shipment shall be obtained by
determining the difference between the:
(A) tare weight of the vehicle on which the shipment
is to be loaded prior to the loading and the gross weight of the same
vehicle after the shipment is loaded; or
(B) gross weight of the vehicle with the shipment loaded
and the tare weight of the same vehicle after the shipment is unloaded.
(2) At the time of both weighings, all pads, dollies,
handtrucks, ramps, and other equipment required in the transportation
of a shipment shall be on the vehicle. Neither the driver nor any
other person shall be on the vehicle at the time of the weighings.
(3) The fuel tanks on the vehicle shall be full at
the time of each weighing or, in the alternative, no fuel may be added
between the two weighings when the tare weighing is the first weighing
performed.
(4) The trailer of a tractor-trailer vehicle combination
may be detached from the tractor and weighed separately at each weighing
providing the length of the scale platform is adequate to only accommodate
and support the entire trailer at one time.
(5) Shipments weighing 1,000 pounds or less may be
weighed on a certified platform or warehouse scale prior to loading
for transportation or subsequent to unloading.
(6) The net weight of shipments transported in containers
shall be the difference between the tare weight of the container,
including all pads, blocking and bracing used or to be used in the
transportation of the shipment, and the gross weight of the container
with the shipment loaded.
(7) The shipper or any other person responsible for
the payment of the freight charges shall have the right to observe
all weighings of the shipment. The household goods carrier must advise
the shipper or any other person entitled to observe the weighings
of the time and specific location where each weighing will be performed
and must give that person a reasonable opportunity to be present to
observe the weighings. Waiver by a shipper of the right to observe
any weighing or reweighing is permitted and does not affect any rights
of the shipper under this subchapter.
(c) Weight tickets.
(1) The carrier shall obtain a separate weight ticket
for each weighing required under this subsection and the ticket shall
be carried on the vehicle. However, if both weighings are performed
on the same scale, one weight ticket may be used to record both weighings.
Every weight ticket shall be signed by the person performing the weighing.
Weight tickets or copies of weight tickets in an electronic format
shall be maintained with the carrier's copy of moving services contract
covering the shipment. Weight tickets shall contain:
(A) the complete name and location of the scale;
(B) the date of each weighing;
(C) identification of the weight entries as being tare,
gross, or net weights;
(D) the company or carrier identification of the vehicle;
and
(E) the last name of the shipper as it appears on the
moving services contract.
(2) This ticket must be retained by the carrier as
part of the records for the shipment. A bill presented to collect
any shipment charges dependent on the weight transported must be accompanied
by true copies of all weight tickets in either a printed or electronic
format obtained in the determination of the shipment weight.
(d) Reweighing of shipments. Before unloading a shipment
weighed at origin and after the shipper is informed of the billing
weight and total charges, the shipper may request a reweigh. The charges
shall be based on the reweigh weight.
(e) Stored shipments. If a shipment is weighed and
placed in storage in transit or delivered out of storage to destination
by another vehicle, then no additional weighing shall be required
unless the shipment has been decreased or increased in weight subsequent
to the original weighing of the shipment.
(f) Constructive weight. Where no certified scale is
available at origin, at a point en route, or at destination, a constructive
weight, based on seven pounds per cubic foot of properly loaded space
may be used to determine the weight of the household goods shipment.
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