Or. Admin. Code § 740-060-0080

Current through Register Vol. 63, No. 12, December 1, 2024

Section 740-060-0080 - Determination of Weight for Weight Distance Moves

(1)

(a) A carrier subject to rates based on weight must determine the gross weight, tare weight and net weight or constructive weight of a shipment. A carrier transporting shipments of household goods subject to rates based on the weight of shipment must determine the tare weight of each vehicle used by having it weighed prior to the transportation of each shipment, with the driver for the proposed trip but without the crew. The weight must be determined by a certified weighmaster or on a certified scale, and the fuel tanks on the vehicle must be full and the vehicle must contain all pads, chains, dollies, hand trucks, and other equipment needed in the transportation of shipments to be loaded, and the weight must then be entered on the bill of lading. After the vehicle has been loaded, it must be weighed, with the same driver and equipment but without the crew, at the certified scale nearest to the point of origin of the shipment, and the net weight of the shipment must be obtained by deducting the tare weight from the gross weight, and both the gross and net weights must be entered on the bill of lading. Where no certified scale is available at the point of origin, the gross weight must be obtained at the nearest certified scale either in the direction of the movement of the shipment, or in the direction of the next pickup or delivery in the case of part loads. In the transportation of part loads, this rule must apply in all respects, except that the gross weight of a vehicle containing one or more part loads must be used as the tare weight of such vehicle as to part loads subsequently loaded. Also, the person paying the freight charges, or his representative, at the request of either, must be permitted, without charge, to accompany the carrier to the weighing station in his own vehicle and to observe the weighing of his shipment after loading. The carrier must use a certified scale which will permit the shipper to observe the weighing of his shipment without causing delay; or

(b) If no certified scale is available at origin at any point en route or at destination, a constructive weight, based upon 7 pounds per cubic foot of properly loaded van space, may be used, provided the shipper is notified prior to unloading that this method will be used to determine weight and charges on the shipment.

(2) Obtaining weight tickets. The carrier must obtain a weight ticket signed by the weighmaster for each weighing required under this rule, with tare and gross weights evidenced by separate tickets, and the driver must enter the number of the bill of lading accompanying the shipment involved. No other additions or alterations will be made on the ticket. True copies must be attached to the receipt or bill of lading accompanying the shipment, and retained in the carrier's file for three years. A true copy of each weight ticket pertaining to a shipment must be given to the shipper at the weighing station if the shipper is present or at delivery of the shipment if the shipper is not present at the weighing. A part load for any one shipper not exceeding 1,000 pounds may be weighed on a certified scale prior to being loaded on the vehicle. Additionally, an automobile or other article weighing in excess of 500 pounds which is mounted on wheels may be weighed separately by obtaining the weight of such article on a certified scale prior to loading on the vehicle to be used in its transportation.

(3) Minimum weight shipments. Before accepting a shipment of household goods for transportation which appears to be subject to the minimum weight provisions of the carrier's tariff, the carrier must advise the shipper of the minimum weight provisions.

(4) Reweighing of shipment. The carrier must reweigh the shipment, if the shipper requests a reweigh prior to the delivery date of the shipment. The carrier must inform the shipper, within a reasonable time prior to the gross reweighing, of the tariff charges and the location of a certified scale which will be used. The carrier, without altering or deleting the initial weights, will write on the bill of lading the gross, tare and net weights on reweigh, and must give the shipper, or his representative, original or true copies of the weight tickets on reweigh in the same manner as prescribed for initial weighing. The lower of the two net scale weights must be used for determining the applicable charges. Charges for reweighing will be determined by tariff rates.

Or. Admin. Code § 740-060-0080

PUC 156, f. 8-6-73, ef. 8-15-73 (Order No. 73-507); Renumbered from 860-039-0040; MCT 2-1996, f. & cert. ef. 2-16-96; Renumbered from 860-069-0040; MCT 3-1996, f. & cert. ef. 3-14-96; MCTD 2-2013(Temp), f. 1-17-13, cert. ef. 1-18-13 thru 7-15-13; MCTD 5-2013, f. & cert. ef. 6-20-13

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 825.232

Stats. Implemented: ORS 825.202