CAF Moving Claim also specializes in moving tariff refferal, get in contact with us to have a custom tariff made for your moving company.
What is an Interstate Mover Tariff?
An Interstate Mover Tariff is a complex, 30+ page legal document that publishes a mover's custom weight or volume distance rate charts and accessorial service charges (i.e. packing, boxes, bubble wrap, tape) and the standard rules that apply to the transportation of residential household goods across state lines. A tariff incorporates provisions that have historically been mandated under Federal Law & Regulations as well as optional provisions that balance the rights of consumers and movers before, during, and after business transactions.
Who needs an Interstate Mover Tariff?
All Interstate Residential Public Movers are required to publish an Interstate Mover Tariff under Federal Law and Federal Regulations before they begin operating. If a "common carrier of household goods" open to the public operates without a duly published tariff in effect, the mover cannot lawfully collect its rates and charges. Upon consumer complaint or by audit upon their own initiative, the United States Department of Transportation's Federal Motor Carrier Safety Administration or the U.S. Surface Transportation Board can take the position that monies collected by the mover must be returned to consumers.
There are also significant civil and criminal penalties for violation of Federal Tariff Law, including imprisonment of up to 2 years.
Carriers that confine their operations solely to commercial moves are not required to comply with the mover tariff publishing requirements as "commercial office moving" is now deemed trucking not moving; however, commercial office movers are now required to secure common or contract carriers of property authority. This 1996 federal change in definition preempts states' abilities to define moving operations to include commercial office moves and other types of moves formerly known as "third proviso" items (i.e. museum artifacts and fine arts).
What are my Interstate Mover Tariff publishing options?
Prior to January 1, 2008, interstate movers were permitted to collectively set tariff rates through Tariff Bureaus (i.e. American Moving & Storage Association's "400-N" tariff) as they enjoyed anti-trust immunity. However, in May of 2007, the U.S. Surface Transportation Board revoked interstate movers' anti-trust immunity leaving them open to criminal prosecution by the U.S. Department of Justice if they engage in collective rate-making. Movers must therefore now publish individual tariffs under Federal Regulation.
To comply with the Law, you may publish your tariff through:
1. A transportation attorney.
2. A tariff publishing/mover software company. Beware, as many computerized services will sell you mover software that they call a "tariff" but their software may not publish the standard mover rules covering issues like valuation, claims, etc. These types of programs do not fully satisfy the traditional tariff publishing requirement leaving you open to civil penalties for non-compliance nor do they protect you against shipper claims or loss and damage lawsuits. Beware companies who are selling the old 400-N AMSA collective rates tariff. If you use these tariff rates we believe you can be arrested by the F.B.I. and prosecuted for collective rate-making, which is a violation of Federal Anti-Trust Law. These alleged "tariffs" are usually sold at unusually low "special" rates and some have monthly fees.
3. CAF Tariff Publishing Referal. Additional expedite and U.S. Surface Transportation Board Practitioner review and compliance certification services are available through which you can have a custom, certified individual interstate mover tariff on file in your office within just 48 hours! You only incur additional fees if you ask us to publish a supplement to change your rates down the road.
What do I need to do before I publish an Interstate Mover Tariff?
1. File FMCSA Application Form OP-1 and request “common carrier of household goods” authority and you will be issued your MC & USDOT Numbers. For help securing interstate moving authority, you can call (800) 414-5441 and mention " help securing interstate moving authority” Note: if you are conducting office moves (“commercial moving”), you must also secure “common carrier of property” authority.
2. Expect a 3-4 month Background Investigation.
3. If you pass, you will receive a letter advising your “application has been reviewed and accepted”. This letter will advise you must now secure vehicle liability (Form BMC-91X) & cargo (Form BMC-34) insurance, process agents (Form BOC-3), and a Tariff (you can call 800-414-5441 to publish your tariff.
3. Your application will be published in the FMCSA’s Daily Register.
4. There will be a 10-business-day public notice and comment waiting period.
5. Once you have complied with insurance and process agents, the government will issue you a certificate of authority.
6. You must now have a published Tariff in your office, which lists your rates and charges available for inspection by the public, the USDOT, FMCSA, STB, and the public upon request. You do not need to file your tariff with the government but you must have one available upon demand
How do I request an Interstate Mover Tariff through CAF Tariff Publishing?
Simply send us an email at email@example.com with your tariff request and one of our agents will be in contact with you or give us a call at 800-414-5441.
What happens after I publish an Interstate Mover Tariff?
You are not required to file your interstate mover tariff with the federal government unless they specifically request a copy. You must keep a copy of your tariff in your office and make it available for inspection upon demand by the government and the public. You may expect that the FMCSA will ask to see your tariff during your initial safety audit approximately 90 days after you are issued your USDOT Safety Tracking Number and during compliance review enforcement actions. You are also required to furnish consumers with copies of your tariff provisions upon their request under Federal Mover Regulations (49 CFR 375). You must apply your tariff uniformly in a non-discriminatory, non-preferential manner. You must not deviate from your tariff and you can neither overcharge nor undercharge a consumer. If you wish to set your tariff rates aside, you must invoke your duly published tariff provision to offer written binding estimates and use the correct interstate written binding estimate shipping document.