Motor carrier tariffs

Scope

The STB currently administers the regulations governing motor carrier tariffs. Most interstate tariffs are no longer filed with the regulatory agency; nevertheless there are still some legal requirements to be aware of.

Regulatory citations

• 49 CFR Part 375 — Transportation of household goods in interstate commerce; Consumer protection regulations
• 49 CFR Part 1310 — Tariff requirements for household goods carriers
• 49 CFR Part 1312 — Regulations for the publication, filing, and keeping of tariffs for the transportation of property by or with a water carrier in noncontiguous domestic trade

Key definitions

• Household goods: The personal effects or property used, or to be used, in a dwelling. The transportation of the household goods must be arranged and paid for by the individual shipper or by another individual on behalf of the shipper. Household goods includes property moving from a factory or store if purchased with the intent to use in a dwelling and transported at the request of the householder, who also pays the transportation charges.
• Household goods motor carrier: A motor carrier that, in the ordinary course of its business of providing transportation of household goods.
• Tariff: An issuance containing an accurate description of the services offered to the public and the specific applicable rates (or the basis for calculating the specific applicable rates) and service terms. The tariff must be arranged in a way that allows for the determination of the exact rate(s) and service terms applicable to any given shipment.

Summary of requirements

Motor carriers of property. Interstate for-hire property carriers need not file rates with the Surface Transportation Board, (except carriers engaged in noncontiguous domestic trade).

However, these carriers are required to provide a copy of the tariff to the shipper upon the request of the shipper. This means a written or electronic copy of the rate, classification, rules, and practices upon which any rate applicable to the shipment, or agreed to between the shipper and carrier, is based.

Household goods carriers. Carriers of household goods must:

• Maintain rates and related rules and practices in a published tariff.
• Give notice that the tariff is available for inspection in its bill of lading, or by other actual notice to individuals whose shipments are subject to the tariff. Without providing this notice, the carrier cannot enforce the provisions of the tariff.
• Include a description of the services offered and provide specific applicable rates, charges, and service terms in the tarrifs. They must be arranged to allow determination of the exact rate, charges, and service terms that apply to any given shipment.
  • All necessary information does not have to be contained in a single tariff, but if multiple tariffs are used to convey required information, the tariff containing the rates must make specific reference to all other tariffs required to determine the exact rate, charges and service terms for a shipment.

The regulations governing household goods tariffs are found in 49 CFR 1310. This section also provides the required procedures to incorporate tariff provisions by reference into the bill of lading or other document serving as the contract of carriage.

Motor carriers providing transportation in noncontiguous domestic trade. Noncontiguous domestic trade includes regulated transportation involving traffic originating in or destined to Alaska, Hawaii, or a territory or possession of the U.S. These carriers must publish and file tariffs with the Board containing the rates established for the transportation or service.

The filing carrier must keep the tariffs available for public inspection. The STB provides the form and manner of publishing, filing, and keeping tariffs available for public inspection.

The Board also specifies what information and charges must be included in a tariff, such as the carriers which are a party to the tariff, the places between which freight will be carried, terminal charges, privileges given, facilities allowed, and any rules that change, affect, or determine any part of the rate.

A carrier providing transportation or service under a joint rate for a through movement is not required to state separately or otherwise reveal in tariff filings the inland divisions of that through rate.

Tariff filing regulations for carriers providing transportation in noncontiguous domestic trade are found in 49 CFR 1312.