Page:United States Statutes at Large Volume 119.djvu/1770

 119 STAT. 1752

49 USC 13102 note.

PUBLIC LAW 109–59—AUG. 10, 2005

‘‘(iii) Protective packing and unpacking of individual items at personal residences. ‘‘(iv) Loading and unloading at personal residences. ‘‘(B) INCLUSION.—The term includes any person that is considered to be a household goods motor carrier under regulations, determinations, and decisions of the Federal Motor Carrier Safety Administration that are in effect on the date of enactment of the Household Goods Mover Oversight Enforcement and Reform Act of 2005. ‘‘(C) LIMITED SERVICE EXCLUSION.—The term does not include a motor carrier when the motor carrier provides transportation of household goods in containers or trailers that are entirely loaded and unloaded by an individual (other than an employee or agent of the motor carrier). ‘‘(13) INDIVIDUAL SHIPPER.—The term ‘individual shipper’ means any person who— ‘‘(A) is the shipper, consignor, or consignee of a household goods shipment; ‘‘(B) is identified as the shipper, consignor, or consignee on the face of the bill of lading; ‘‘(C) owns the goods being transported; and ‘‘(D) pays his or her own tariff transportation charges.’’. (c) APPLICATION OF CERTAIN PROVISIONS OF LAW.—The provisions of title 49, United States Code, and this subtitle (including any amendments made by this subtitle), that relate to the transportation of household goods apply only to a household goods motor carrier (as defined in section 13102 of title 49, United States Code). SEC. 4203. PAYMENT OF RATES.

Section 13707(b) of title 49, United States Code, is amended by adding at the end the following: ‘‘(3) SHIPMENTS OF HOUSEHOLD GOODS.— ‘‘(A) IN GENERAL.—A carrier providing transportation of a shipment of household goods shall give up possession of the household goods being transported at the destination upon payment of— ‘‘(i) 100 percent of the charges contained in a binding estimate provided by the carrier; ‘‘(ii) not more than 110 percent of the charges contained in a nonbinding estimate provided by the carrier; or ‘‘(iii) in the case of a partial delivery of the shipment, the prorated percentage of the charges calculated in accordance with subparagraph (B). ‘‘(B) CALCULATION OF PRORATED CHARGES.—For purposes of subparagraph (A)(iii), the prorated percentage of the charges shall be the percentage of the total charges due to the carrier as described in clause (i) or (ii) of subparagraph (A) that is equal to the percentage of the weight of that portion of the shipment delivered to the total weight of the shipment. ‘‘(C) POST-CONTRACT SERVICES.—Subparagraph (A) does not apply to additional services requested by a shipper after the contract of service is executed that were not included in the estimate. ‘‘(D) IMPRACTICABLE OPERATIONS.—Subparagraph (A) does not apply to impracticable operations, as defined by

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