815-RICR-50-05-1
815-RICR-50-05-1. Transportation Provided by Motor Carriers of Property (version Technical Revision, 03/15/2005 to 07/02/2018)
Rules and Regulations Governing Transportation Provided by
Motor Carriers of Property
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
PUBLIC UTILITIES COMMISSION DIVISION OF PUBLIC UTILITIES AND CARRIERS
PROVIDENCE, RHODE ISLAND
RULES AND REGULATIONS
GOVERNING THE TRANSPORTATION PROVIDED BY MOTOR CARRIERS OF
PROPERTY
Thomas F. Ahern, Administrator
Terrence E. Mercer, Associate Administrator - Motor Carrier Division
Thomas F. Kogut – Rules Coordinator
EFFECTIVE DATE: April 4, 2005
TABLE OF CONTENTS
Rule No.
1. DEFINITIONS
2. HEARINGS - PROCEDURE
3. TRANSFER OF OPERATING RIGHTS
4. FORM AND PREPARATION OF TARIFFS
5. FILING CONTRACTS AND SCHEDULE OF RATES
6. MAINTENANCE OF OFFICE IN RHODE ISLAND
7. VEHICLE MARKING AND IDENTIFICATION
8. PRESERVATION OF RECORDS
9. INFORMATION REQUIRED ON SHIPPING DOCUMENTS
10. MOTOR CARRIER RECORDS AND REPORTS
11. NOTIFICATION REQUIREMENTS FOR CERTIFICATED TOWING COMPANIES
12. LIABILITY AND CARGO INSURANCE FILINGS
13. ISSUANCE OF TEMPORARY PERMITS TO INTERSTATE TRUCKERS
14. GENERAL LEASE PROVISIONS
15. SAFETY REGULATIONS
16. PENALTY
__________________
Rule No. 1 -DEFINITIONS (Definitions of words or phrases as used herein)
Administrator
The Administrator, Division of Public Utilities and Carriers
Abandoned Vehicle
Any vehicle which meets any of the following three (3) tests:
(1) A vehicle that is inoperable, over eight (8) years old, and is left unattended on public
property for more than forty-eight (48) hours; or,
(2) A vehicle that has remained illegally on public property for a period of more than three (3)
days; or,
(3) A vehicle that has remained on private property without the consent of the owner or person in
control of the property for more than three (3) days.
Abandoned Vehicle of No Value
Any motor vehicle which meets any of the following three tests:
(1) Any motor vehicle that is inoperable, over ten (10) years old, and is left on public property
for more than forty-eight (48) hours; or,
(2) Any vehicle that has remained illegally on public property for a period of more than three (3)
days; or,
(3) A vehicle that has remained on private property without the consent of the owner or person in
control of the property for more than three (3) days, and meets all of the following criteria:
(a) The vehicle has no evidence of current registration in or upon the vehicle; and,
(b) The vehicle has a fair market value of five hundred dollars ($500) or less; and,
(c) The vehicle does not have a valid inspection sticker.
Agency Tariff
A tariff issued by a publishing agent for one or more certified common or contract
carriers under power of attorney issued by the carrier.
Applicant
A person or persons filing an application
Certificated Tower
A carrier possessing a certificate of public convenience and necessity issued by the
Administrator, Division of Public Utilities and Carriers, for the purpose of transporting
vehicles by the tow-away method.
Classification
A tariff containing a list of articles or commodities and the class ratings to which they are
assigned for the purpose of applying class rates.
Class Rates
A rate which applies on one or more various articles according to the class ratings to which
they are assigned.
Commodity Rate
A rate published to apply to a commodity specifically named or described.
Common Carrier
Any person who or which undertakes, whether directly or by any other arrangement to
transport property, or any class or classes or property, by motor vehicle, between points within
this state, for the general public, for compensation, over the publicly used highways of this
state, whether over regular or irregular routes.
Contract Carrier
Any person who or which engages in transportation by motor vehicle of property in intrastate
commerce, for compensation (other than transportation referred to in the preceding paragraph),
under continuing contracts with one (1) person or an unlimited number of persons for the
furnishing of transportation services of a special and individual nature required by the shipper
and not generally provided by common carriers.
Division
Rhode Island Division of Public Utilities and Carriers.
Intervenor and/or Protestant
A person permitted to intervene in a proceeding to protect an alleged interest.
Legal Owner
The person who has obtained the ownership of a vehicle by any legal means but has not caused
the vehicle to be registered with the Registry of Motor Vehicles.
Lessee
Motor Carrier leasing the vehicle.
Lessor
Individual or party owning the vehicle to be leased by the motor carrier.
Police Department
The police department of a city or town, or the Rhode Island state Police
Possessory Lien
The right to maintain possession of a vehicle and motor vehicle registration plates against all
claims of the owner and/or security lien or until all charges are paid for recovery, towing, and
storage in accordance with the certificated towers tariff.
Private Trespass
The unattended presence of a vehicle on private property without the consent of the owner
or person in control thereof
Registered Owner
The person recorded in the Registry of Motor Vehicles as being the one to whom the
registration of the vehicle was issued
Tariff
A publication containing rates, charges, classifications, or ratings.
Tow Truck
Any motor vehicle designated, and/or ordinarily used for the purpose of towing or
removing vehicles assisting disabled motor vehicles.
Transferee
A person who seeks to acquire a certificate or permit from a transferor.
Transferor
A person who seeks to sell or assign a certificate or permit.
Unattended Vehicle
Any vehicle other than an “abandoned vehicle” or “abandoned vehicle of no value” that meets
one of the following criteria:
(1) A vehicle left unoccupied in a place or for a period of time prohibited by law or
municipal ordinance or so as to cause traffic congestion or hazard; or,
(2) A vehicle from which the operator or owner thereof has been removed by any
member of a police department in the performance of his or her official duties; or,
(3) A vehicle left on public or private property without the consent of the owner or
person in control thereof, or own having exclusive right to the use thereof.
Vehicle or Motor Vehicle
Any vehicle, machine, truck, tractor-trailer, or semi-trailer propelled or drawn by any
mechanical power and use upon the highways in the transportation of property, but does not
include any vehicle or car operated on a rail or rails wither on or off the publicly used highways.
Rule No. 2 -HEARINGS-PROCEDURES
(a) Applications filed for the purpose of securing an interstate carrier permit will not be subject
to a formal hearing.
(b) Any individual may appear before the Administrator in his own behalf. A party may be
represented by an attorney or by a registered "practitioner" before the Interstate Commerce
Commission.
(c)
(1) A protest filed with the Administrator, against the granting of an application, shall set forth
specifically the ground or grounds upon which it is made and shall contain a concise statement
of the interest the protesting party has in the proceeding. A protest shall be filed in writing within
seven (7) days after notice of the filing has been given to the public by legal notice in the
Providence Journal. A copy of any protest filed with the Administrator under this rule shall be
served simultaneously upon the applicant.
(2) Protestants who have satisfied the requirement set forth in paragraph (c) (1) shall be treated
as intervenors and accorded all the rights appropriate thereto.
(3) Protestants who are represented by legal counsel shall file with the Administrator, at least
three days prior to the scheduled hearings, pre-filed direct testimony, in question and answer
form. which shall be proffered by the protestant or protestants at the time of hearing, in lieu of
traditional oral direct examination. A copy of this pre-filed direct testimony shall also be served
upon the applicant, by certified mail, simultaneously. This requirement may be waived at the
discretion of the hearing officer.
(4) Protestants filing pre-filed direct testimony shall make available at the time of hearing, the
witnesses whose testimony has been pre-filed in order that the applicant and/or the Division will
have an opportunity to cross-examine these witnesses. Subsequent to cross-examination, a
protestant may elicit rebuttal testimony from the witness through direct oral examination.
(5) A member of the general public wishing to be heard at Division hearings, shall be allowed to
voice their opinions on the record. These witnesses shall be limited to five minutes of testimony,
or more, at the discretion of the hearing officer.
Rule No. 3 -TRANSFER OF OPERATING RIGHTS
(a) Stock Transfers, new Corporate Officers, or new "Board" Members must receive
Administrator approval. Although a public hearing is not required, the Division reserves the
right to conduct a hearing if deemed necessary.
(b) A proposed transfer of intrastate operating rights shall be approved only if the Administrator
finds the transferee to be fit, willing and able, financially and otherwise, to engage in bona-fide
motor carrier operations under such operating rights; further, the Administrator shall only reissue
and transfer a certificate or permit to the transferee which does not exceed the scope of
commodities which had been transported by the transferor during the sixty (60) day period
immediately preceding the date when the transfer application was received for filing with the
Division, and further, the remaining scope of commodities which had not been transported by
the transferor during said period shall be revoked.
Rule No. 4 -FORM AND PREPARATION OF TARIFFS
(a) All tariffs and supplements thereto shall be in book, pamphlet, or loose-leaf form of page size
8 1/2 by 11 inches and shall be plainly printed.
(b) Pages of loose-leaf tariffs shall be printed and designated as "Original Page 1", "Original
Page 2", etc. Each page must show at the top of the page the name of the motor carrier or agent,
and the page number of the tariff. At the bottom of the page shall be shown the effective date,
and the name, title, and street address of the issuing motor carrier or agent.
(c) A complete index, alphabetically arranged, of all articles upon which commodity rates named
therein, together with reference to each item (or page) where a particular article is shown.
(d) Changes in rate, ratings, or other provisions of a tariff may be accomplished by issuing a
supplement to the tariff.
The first supplement to a tariff must be designated on the upper right-hand corner of the title
page as follows:
SUPPLEMENT NO. 1
TO
TARIFF NUMBER
EFFECTIVE (DATE)
Subsequent supplements shall be numbered consecutively or with a supplement number and
letter suffix.
No more than three (3) supplements will be filed before a whole new tariff is required.
Agency tariffs are exempt from this limitation.
(e) Each motor carrier of property shall post and file at each of its stations or offices, approved
tariffs. Each of such carriers shall also maintain at its principal or general office a complete file
of all tariffs approved by the Division and currently in effect.
(f) All tariffs approved by the Division shall be dated and stamped "Approved." If a tariff is not
officially stamped and dated by the Division, it will be invalid.
(g) The form of the tariff for the shipment of household goods must be the same, or substantially
similar to that attached as Appendix A to these rules.
Rule No. 5 -FILING OF CONTRACTS AND SCHEDULE OF RATES
(a) In accordance with the provisions of Rhode Island General Laws Section 39-12-15 and 39-
12-16, every contract carrier shall file with the Administrator a copy of every contract in force,
together with schedules of actual rates in effect.
CONTRACTS ON PUBLIC FILE WITH THE DIVISION ARE NOT OPEN FOR PUBLIC
INSPECTION.
(b) When a contract is terminated and no longer in effect, the carrier shall notify the
Administrator immediately in writing.
(c) Each schedule shall contain the identity of each shipper with whom the carrier has a contract
in force.
Rule No. 6 -MAINTENANCE OF OFFICE IN RHODE ISLAND
Every common and contract motor carrier of property holding intrastate operating
authority shall maintain an office within the state of Rhode Island unless a duly-
authorized Rhode Island Agent of Process is on file with the Division. Recertification of
such Agent of Process is required annually.
Complete business addresses for all certificate holders shall include the street, city or town, state,
zip code and telephone number of the main office. Post office boxes will not accepted.
Rule No. 7 -VEHICLE MARKING AND IDENTIFICATION
The name as it appears on the certificate, or permit, street address, town or city, along with the
certificate or permit number shall be displayed on both sides of every vehicle utilized as a
common or contract carrier in letters visible at 50 feet. Appropriate abbreviations are
acceptable. If business names are used in addition to the name on the certificate, the name
must be registered with the Division. Only one business name can be used.
Rule No. 8 -PRESERVATION OF RECORDS
It shall be the duty of motor carriers operating in intrastate commerce to retain for a period of at
least three years, all freight bills, delivery receipts, shipping orders, tariffs or supplements,
copies of contracts and schedules of actual rates, records of insurance coverage, and other
prescribed business records. Such records may be maintained at a location other than the
primary business office providing such records are available for retrieval upon request. Records
must be maintained on the business premises for the most recent six month period.
Rule No. 9 -INFORMATION REQUIRED ON SHIPPING DOCUMENTS
(a) Pursuant to the provisions of Rhode Island General Laws. Section 39-12-28, common carriers
of property, when issuing a receipt, freight bill, invoice or bill of lading to the shipper must show
the following information thereon:
1. Date of shipment made.
2. Name of shipper and point of origin - name of consignee and point of destination.
3. Number of packages and description of packages being transported.
4. Weight, hours, volume or other arrangements upon which the transportation charges are
based.
5. The rate assessed and the amount of freight charges, and accessorial charges, if any, to be
collected.
6. The bill of lading presented to the shipper of household goods must be the same or
substantially similar to that attached as Appendix B to these rules.
7. A “Truth In Coverage” Statement must be attached to a bill of lading issued to the
shipper of household goods. The “Truth in Coverage” Statement must be the same as that
attached as Appendix C to these rules.
(b) Common Carriers transporting automobiles by tow-away method shall include the following
information on their bills of lading:
1. Date of tow
2. Time of day tow performed
3. Exact location of vehicle pickup
4. Odometer reading of tow truck when leaving terminal
5. Odometer reading of tow truck when arriving back at terminal
6. Vehicle registration number (vehicle towed)
7. Person who requested tow
8. Description of all charges exacted and total amount billed to customer
9. The bill of lading presented to the vehicle owner must be the same or substantially
similar to that attached as Appendix D to these rules.
Rule No. 10 -MOTOR CARRIER RECORDS AND REPORTS
(a) All common and contract carriers shall keep complete records of their operating expenses,
operating revenues, and any other pertinent information in connection with such operations.
(b) Every motor carrier shall file with the Administrator, an annual report covering a period of
twelve months ending on the thirty-first day of December of each year. Such reports shall be
submitted to the Administrator no later than the thirty-first day of March of the following year.
Annual report forms shall be provided by the Administrator.
Rule No. 11 - NOTIFICATION REQUIREMENT FOR CERTIFICATED
TOWING COMPANIES - POLICE DEPARTMENT ORDERED TOWS
(a) Notification of Registered Owner. A certificated tower removing an abandoned or unattended
vehicle shall notify within seven (7) days thereof, by registered mail, return receipt requested,
the last known registered owner of the vehicle, at the address shown in the records of the
appropriate registry in the state in which the vehicle is registered, that the vehicle has been taken
into custody. The certificated tower coming into possession of a vehicle in any lawful manner
shall have a possessory lien on the vehicle and registration plates, so long as it retains
possession, if it has fully complied with all notice requirements. If the certificated tower fails to
notify the registered owner within seven (7) days as required by this subparagraph, the
certificated tower may not charge the registered owner any fees for storing the vehicle that may
accrue between the time the registered owner was required to be notified and the time the
certificated tower actually effects such notification.
(b) Notification of All Known Lienholders of Record. A certificated tower removing an
abandoned or unattended vehicle shall notify within fourteen (14) days thereof, by registered
mail, return receipt requested, all known lienholders of record of the vehicle, at the address
shown in the records of the appropriate registry in the state in which the vehicle is registered,
that the vehicle has been taken into custody. The certificated tower coming into possession of a
vehicle in any lawful manner shall have a possessory lien on the vehicle and registration plates,
so long as it retains possession, if it has fully complied with all notice requirements. If the
certificated tower fails to notify the all known lienholders of record within fourteen (14) days as
required by this subparagraph, the certificated tower may not charge any known lienholder of
record who was not notified any fees for storing the vehicle that may accrue between the time all
known lienholders of record were required to be notified and the time the certificated tower
actually effects such notification of that lienholder.
(c) Notification When Identity of a Registered Owner or Lienholder Cannot be Determined. If
the identity of the last registered owner cannot be determined from the records of the appropriate
registry in the state in which the vehicle is registered or by
searching the vehicle, or if the registration contains no address for the ownership, or if it is
impossible to determine with reasonable certainty the identity and addresses of all lienholders,
notice by publication in one newspaper of general circulation in the area where the vehicle was
abandoned or left unattended shall be sufficient to meet all requirements of notice pursuant to
this Rule. A notice by publication may contain multiple listings of abandoned or unattended
vehicles. Any notice by publication shall be within the save time requirements prescribed above
for notice by registered mail and shall have the same contents required for a notice by registered
mail.
(d) Contents and Form of Notice. The notice shall be substantially in the form set out below, and
shall describe:
Contents:
(1) The year, make model and serial (VIN) number of the vehicle.
(2) The name, address and telephone number of the certificated tower.
(3) That the vehicle is in the possession of that certificated tower.
(4) That recovery, towing, and storage charges are accruing as a legal liability of the
registered and/or legal owner.
(5) That the certificated tower claims a possessory lien for all recovery, towing, and
storage charges.
(6) That the registered and/or legal owner may retake possession at any time during
business hours by appearing, proving ownership, and paying all charges due the
certificate tower pursuant to its published tariff.
(7) That should the registered and/or legal owner consider that the original taking was
improper or not legally justified, he or she has a right to file an administrative complaint
pursuant to chapter 12 of Title 39 of the Rhode Island General Laws to contest the
original taking.
(8) That if no claim is filed and the vehicle is not claimed and possession retaken or
arranged for within thirty (30) days of the mailing of the notice, the lien will be
foreclosed and the vehicle will be sold at public auction.
(9) That the proceeds of the sale shall be first applied to recovery, towing and storage
charges, with any excess proceeds being deposited as provided in accordance with
R.I.G.L. §39-12.1-9(d)(3).
(10) That any recovery, towing, and storage charges in excess of the sale proceeds shall
remain as a civil obligation of the registered and/or legal owner.
Form: To: (LAST REGISTERED OWNER/KNOWN LIENHOLDERS)
You are hereby given notice that a _______________________ (year, make, and model
of vehicle, serial (VIN) number __________________________, is being stored at
________________ (name, address and telephone number of storage facility.) The
vehicle is in the possession of__________________ (name, address and telephone
number of certificated tower), having been towed at the direction of
__________________ (name of police department or person ordering tow) because
________________________ (reason for tow).
You are hereby given notice that recovery, towing, and storage charges, for which the
registered and/or legal owner is liable, are accruing and that
_____________________ (tower’s name, address and telephone number) has claimed a
possessory lien, pursuant to R.I.G.L. §39-12.1-6, for the charges. You may take
possession of the vehicle at any time during regular business hours by appearing with a
police release, if required, and payment of all charges accrued to date of taking. Regular
business hours are ___through ___, Monday through Friday, and 8:00 a.m. through ____
a.m. (must be through at least 12:00 a.m.on Saturday (list Sunday hours if appropriate).
If you claim that the original towing was improper or not legally justified you
may contest the towing by filing a complaint within ten (10) days from the date of this
notice with the Motor Carrier Section, Rhode Island Division of Public Utilities and
Carriers, 89 Jefferson Boulevard, Warwick, Rhode Island 02888, provided that security is
an amount and form satisfactory to the Division of Public Utilities and Carriers is posted
with the filing of the complaint.
You are further given notice that if you fail to file a complaint or fail to retake
possession of the vehicle, the vehicle will be sold at public auction and the proceeds of
the sale will be first applied to recovery, towing and storage charges with any excess to
be deposited with the Division of Public Utilities and Carriers to be held in an account for
the registered or legal owner or entitled lienholder as provided for in R.I.G.L. §39-12.19(D)(3).
You are further given notice that any recovery, towing and storage charges in excess
of the sale proceeds shall remain as a civil obligation of the owner.
__________________________________________
__________________________________________
(Name and address of certificated tower or attorney)
Rule No. 11.1 - NOTIFICATION REQUIREMENTS FOR CERTIFICATED TOWING
COMPANIES -PRIVATE TRESPASS TOWING
(a) The owner or person in control of any parcel of property may cause to be removed from the
property a vehicle which is trespassing upon the property without the consent of the owner or
person in control of that vehicle by retaining in writing a certificated tower to remove the
trespassing vehicle to the certificated tower’s private impoundment lot.
This procedure may be undertaken and accomplished without the need to resort to
judicial process provided:
(1) The impoundment lot shall be within ten (10) miles of the point of removal;
(2) The lot shall be open for business to release the vehicle the same hours it is
open to receive the vehicle; and,
(3) There shall be posted on the outside of the office of the lot the business hours.
(b) All charges for recovery, towing, and storage shall be in accordance with the certificated
tower’s published tariff and shall be borne by the last registered and/or legal owner of the
vehicle for which charges the certificated tower shall have a possessory lien as set forth in Rule
11 and Chapter 12, Title 39, Rhode Island General Laws. However, should the last registered
and/or legal owner prove through judicial process that the vehicle was not in fact trespassing on
the property of the owner or person in control, the charges shall be borne by the owner or person
in control of the property who ordered the towing, removal, relocation and storage. The last
registered and/or legal owner shall as a prerequisite to any procedure to recover the charges from
the owner or person in control of the property, pay in full all charges assessed due the
certificated tower in accordance with its published tariff.
(c) A certificated tower shall remove vehicles from private property at the direction of the owner
or person in control thereof only upon receiving the direction in writing and notice shall be kept
in the records of the certificated tower and which writing shall be a complete defense to any civil
and criminal charges resulting from the removal of the vehicle. Notification of the registered
and/or legal owner, as well as all known lienholders of record, shall be made by the certificated
tower in accordance with the provisions of Rule 11.
Rule No. 11.2 - IMMEDIATE RELEASE OF PETS OR OTHER PERSONAL
ITEMS FROM TOWED AUTOMOBILES
(a) Whenever a vehicle that contains an animal is towed by a certificated towing company, said
towing company shall notify either the local animal control officer or the Police Department
within the particular city or town from which the vehicle was towed.
(1) This notification shall be accomplished immediately upon towing of the vehicle.
(2) In the event the owner of the vehicle, or the individual in control of the vehicle,
is present at the time of the tow, the towing company shall release the animal
immediately regardless of whether towing charges have been paid.
(b) Whenever a vehicle that contains personal items is towed by a certificated towing
company, said towing company shall release those personal items to the owner of the
vehicle, or to the individual in control of the vehicle, immediately upon request, regardless
of whether the towing charges have been paid. R.I.Gen. Laws §39-12.1-6
affords the certificated tower a possessory lien only on the vehicle itself and the
registration plates of the vehicle.
Rule No. 12 -LIABILITY AND CARGO INSURANCE FILINGS
(a) Certificated common carriers shall file with the Administrator a certificate of insurance or
bond with respect to public liability and property damage insurance coverage.
(b) Certificated common carriers shall file with the Administrator a certificate of insurance or
bond for cargo insurance. Such certificate need not be filed by motor carriers who transport bulk
commodities transported by dump vehicle.
Rule No. 13 -ISSUANCE OF TEMPORARY PERMITS TO INTERSTATE
TRUCKERS
Interstate carriers seeking "temporary" vehicle registration permits shall be assessed the same
fees as required under Section 39-12-26 of the General Laws of Rhode Island entitled
"Registration and Certification of Vehicles." No more than three (3) temporary permits shall
be allowed per quarter (three months).
Rule No. 14 -GENERAL LEASE PROVISIONS
No common carrier by motor vehicle and no contract carrier by motor vehicle shall perform
authorized transportation in a power unit consisting of a straight truck, tractor, van or
automobile with or without driver, which such common carrier or contract carrier does not own
unless there is in effect with respect to such equipment a lease which shall be in writing and
signed by the parties thereto and subject to the following general conditions:
(a) The lease shall contain a description specifying the make, type, year of manufacture, motor
number(s) of registration and license plate number(s) of the leased equipment, and shall state
whether a driver is to be supplied by the lessor for the operation of said leased equipment.
(b) The lease shall provide that the lessee shall have the exclusive possession, control, and use of
the equipment for the duration of the lease. The lease shall further provide that the lessee shall
assume complete responsibility for the operation of the equipment for the duration of the lease.
(c) The lease shall specify the time and date on which said lease begins and the date on which it
terminates.
(d) The lease shall preclude the possession, control or use of the equipment by anyone but the
lessee for the duration of the lease.
(e) The lease shall be executed in triplicate, the original to be retained by the lessee, one copy to
be retained by the lessor, one copy to be filed with the Division unless a copy of the lease is
carried on the equipment. The lessee shall keep with the equipment a statement certifying that
the equipment is being operated by it. The statement shall also specify the name of the owner,
the date and length of lease, any restrictions in the lease relative to the commodities to be
transported, and the address where the original lease is kept by the lessee.
(f) During the period of the lease, the carrier shall identify the equipment in accordance with
Division Rules and Regulations. At the termination of the lease period, the lessee shall recover
from the lessor any plates, vehicle identification devices or permits issued to the lessee and used
on the leased equipment during the term of the lease.
II. OWNER-OPERATED EQUIPMENT
When the equipment to be leased is to be operated for the lessee by the owner or an employee of
the owner of said equipment, then, in addition to the preceding general lease conditions the
following specific conditions must be met:
(a) As the principal purpose of these regulations is to permit common carriers and contract
carriers to perform transportation in power units that they do not own, nothing contained herein
should be construed as allowing such common carriers and contract carriers to abandon their
responsibility to provide the transportation services described in their certificates or permits.
(b) The period for which the lease applies shall be 7 days or more.
(c) The amount to be paid by the lessee for the equipment shall be clearly stated on the face of
the lease or in an addendum which is attached to the lease. In addition, the lease must disclose
which of the parties is ultimately responsible for the payment of the cost of fuel, road use taxes,
excise taxes, fuel taxes, repairs, maintenance, permits of all types, tolls, ferries, plates, detention
and accessorial charges and any unused portions of such items.
(d) The compensation stated on the lease or in an attached addendum may apply to the
equipment and driver's services either separately or as a combined amount.
(e) The lease shall clearly specify that the lessee shall be responsible for providing cargo
insurance and shall specify that the lessee shall carry a secondary or umbrella policy over that of
the lessor for public liability and other property damage coverage.
(f) The lease shall clearly specify all items that must be initially paid for by the lessee but
ultimately deducted from the lessor's compensation at time of payment.
(g) For those lessors whose revenue is based on a percentage of the gross revenue for a
shipment, the lease shall specify that the lessor shall have the right to examine or copy the rated
pro or freight bill at the time of settlement.
(h) The lease shall specify that payment to the lessor shall be made within 15 days after
submission of the necessary delivery documents concerning a trip in service of the lessee. The
lease shall clearly specify all events, conditions, and requirements that are necessary before the
lessor can receive payment, including a statement of the delivery documents and other
paperwork that must be submitted. All placards and licenses belonging to lessee must be
returned upon termination of lease.
(i) In the event any common carrier or contract carrier by motor vehicle holding authority issued
by the Department, who, by utilizing leased equipment fails to assume complete responsibility
and control of operations conducted with leased equipment, such carrier will be considered to
have violated the conditions of its certificate or permit and, after hearing, such certificate or
permit may be suspended or revoked by the Department. For the purpose of this rule, the term
"Responsibility and Control" shall mean that all job assignments to the lessor are only authorized
when received by the lessee. No independent solicitation is authorized.
III. HAZARDOUS MATERIALS
Whenever leased equipment is used to transport hazardous materials, the lessee shall be
responsible for meeting all requirements of federal and state laws and regulations governing the
transportation of such materials.
IV. IDENTIFYING MARKS
No common carrier by motor vehicle or contract carrier by motor vehicle shall operate leased
equipment on any roadways unless such equipment is identified as provided in 39-12-26.
V. RENTAL TO PRIVATE CARRIERS OR SHIPPERS
Unless such service is specified in their operating authority, no common carrier by motor vehicle
or contract carrier by motor vehicle, shall rent equipment with drivers to private carriers or
shippers, and no such common carrier shall rent equipment without drivers to private carriers or
shippers.
VI. EXCEPTIONS
The rules of this chapter shall not apply to equipment without drivers leased by a common
carrier or a contract carrier by motor vehicle from a person, partnership, or corporation
whose principal business is the leasing of equipment without drivers for compensation.
VII. EXCLUSION OF OWNER/OPERATOR METHOD IN THE
TRANSPORTATION OF USED MOTOR VEHICLES
No common carrier or contract carrier shall transport or tow used motor vehicles with leased
equipment where the driver of the equipment is the lessor or is an employee of the lessor.
Rule No. 15 -SAFETY REGULATIONS
All common or contract carriers shall be subject to the rules and regulations adopted by the
U.S. Department of Transportation governing:
(a) the safety of motor carrier operations and equipment, and
(b) the transportation of hazardous materials.
Rule No. 16 -PENALTY
Under Rhode Island General Laws, Section 39-12-35 and 39-12-36, it states that any certificate
or permit holder who shall violate any statute, rule, or regulation promulgated by the Division
shall be subject to suspension, revocation, or a fine not to exceed $1,000 per violation.
Appendix A
Table of Contents:
Item 1 – Application of Rates
Item 2 – Definition of Terms
Item 3 – Limitations and Restrictions
Item 4 – Prepayment or Guarantee of Charges
Item 5 – Bill of Lading
Item 6 – Shipper’s Choice of Loss Coverage Required
Item 7 – Restriction of Articles
Item 8 – Inspection and Repackaging
Item 9 – Computation of Time
Item 10 - Disposition of Fractions
Item 11 – Hourly Rates, Method of Computation
Item 12 – Advancement of Charges
Item 13 – Vehicle and Driver Required
Item 14 – Perishable Foods
Item 15 – Disassembling and Reassembling
Item 16 – Waiting or Delay Time
Item 17 – Furnishing Helpers
Item 18 – Hoisting and/or Lowering of Articles
Item 19 – Toll Charges
Item 20 – Cross Reference to Charges, Items, Notes or Rules
Rules Governing the Filing of Claims or Suits:
Item 300 – Loss, Damage or Overcharge Claims or Suits
Accessorial Charges
Item 400 – Materials, Delivery, Packing and Unpacking of Containers
Item 405 – Accessorial Labor Charges
Rates and Charges
Item 500 – Rates and Charges
****************************************************************************************************
Item 1
Application of Rates
Rates in this tariff apply on personal household goods and effects moving between points within Rhode
Island, with loading at one point at origin and unloading at one point at destination.
Item 2
Definition of Terms
“Personal Household Goods and Effects”, means new or used personal effects and property normally
used in a residential dwelling.
“Commercial Household Goods”, means furniture, fixtures, equipment and property of stores, offices,
museums, institutions, hospitals, or commercial establishments; articles also include objects of art, displays,
and exhibits, which, because of their unusual nature and / or value, require specialized vehicles, handling
equipment and labor utilized in the moving of household goods.
“Pickup”, means calling for, loading and/or receiving goods and providing a receipt for such at
shipper's residence or place of business directly accessible to carrier's vehicle.
“Delivery”, means unloading or transferring the goods and obtaining a receipt for the goods at
consignee's residence or place of business directly accessible to carrier's vehicle.
“Warehouse Pickup or Delivery”, means loading or unloading at only doors, platforms or other points
convenient or directly accessible to the carrier's vehicle.
“Linehaul”, means the service of traveling between pickup point and delivery point.
“Travel Time,” means and includes the time spent traveling from dispatch point/terminal to initial pick-up
point, linehaul, and time spent traveling from final delivery point back to dispatch point/terminal.
Item 3 ______Limitations and Restrictions
The obligation to accept articles for shipment shall be subject to the capacity and availability of appropriate
type of vehicle; restrictions of streets, highways, bridges or other structural impairments; and to the
requirements of laws, ordinances, or regulations.
Rates do not provide for protection from cold or heat, nor is carrier obligated to provide heated or
refrigerated service, except as may be provided for in this tariff.
Except as may be provided, nothing in this tariff shall require a carrier to perform pickup, linehaul or
delivery service between the hours of 5:00 PM and 7:00 AM; nor on Saturday, Sunday, New Year's Day,
Presidents Day, Good Friday, RI Independence Day, Memorial Day, Independence Day, Victory Day,
Labor Day, Columbus Day, Election Day, Thanksgiving, or Christmas as may be observed on such various
days as are appointed by the Governor or state government of RI, or the president or congress of the US.
Item 4 _______Prepayment or Guarantee of Charges
Carrier can require a written guarantee of the total charges, or the prepayment of charges at pickup, or
payment in full at time of delivery. Carrier must inform shipper prior to pickup of the terms of payment
and the required method of payment, viz; Cash, personal or certified check.
Nothing herein shall limit the right of the carrier or its agent, prior to or at time of shipment, to require
the payment, in full or in part, or a written guarantee of the total applicable legal charges.
Carrier has the right to retain possession of any property transported by it, or to place the same in storage
at the expense of the shipper, until all charges have been paid in cash, money order or certified check.
Item 5 ________Bill of Lading
When property is transported subject to this tariff, carrier must issue a Bill of Lading, with a “Truth in
Coverage” Statement Attached, to the shipper of the goods and shall be liable to shipper for any loss or
damage to the property caused by carrier. The Bill of Lading used must conform in content and format to
that appended to the Rules and Regulations Governing Transportation Provided by
Motor Carriers of Property. No contract, receipt, rule, regulation, limitation or notation whatsoever shall
exempt the carrier from this liability, dependent upon value, agreed upon by shipper and approved and
authorized by the RIDPUC.
The entire agreement between the parties is contained in this tariff, the Rules and Regulations of the Division
and the Laws of the State of Rhode Island, and the Bill of Lading and attached “Truth in Coverage”
Statement.
a. Upon completion of services at destination, the Bill of Lading will be completed, and shall contain all
charges for transportation based on actual time consumed for each vehicle with driver, helpers, packers,
packaging and packing materials, and such other charges as may be applicable under the rules, rates and
charges contained in this tariff.
b. In the spaces provided in Section 3 of the Bill of Lading, the carrier must record the "Start Time:" the hour
and minute the carrier started, “End Time:" the hour and minute the carrier completed the job, and "Lunch
Time:" the hours and minutes spent for meals and downtime.
(See Items numbered 9, 10, and 11)
Item 6 ___________Shipper's Choice of Loss Coverage Required
The following conditions must be met prior to loading the shipment for relocation:
Only one coverage must be selected and options cannot overlap:
Every shipper or agent must choose between DEPRECIATED VALUE AND RELEASED VALUE
coverage for the shipment. This statement is binding on the shipper and carrier; and, it shall be made a part
of the Bill of Lading and shall be executed by choosing and checking one of the choice below:
If the shipper or its agent does not choose one of the two coverage options, the default coverage will be
depreciated value coverage. (Issued per Order No. 10102, dated April 24, 1980, of the RIDPUC.)
Item 7 ______Restriction of Articles
Carrier will not accept any Hazardous Materials. Any party concealing such material shall be liable and
shall indemnify the carrier against all loss caused by the shipping of such goods.
Carrier will not accept any article that is liable to damage equipment and/or property.
Carrier will not be liable for loss or damage of Articles of Extraordinary Value in its possession without its
knowledge. A special agreement can be made to carry such goods, as provided for in the bill of lading.
Carrier will not accept articles, which cannot be taken from or placed into a building without damage to the
article and/or building; except with a written release from owner, shipper, consignee or their agent
acknowledging and assuming responsibility for such damage to article and/or building. This release excludes
any damage to the article and/or building caused by negligence of the carrier.
Carrier will not accept articles manufactured from particleboard, unless article is disassembled and
knocked down flat by owner for the move; or with a written release from owner assuming responsibility
for damage, other than damage caused by negligence of the carrier.
Item 8________ Inspection and Repackaging
Carrier has right to inspect contents of packages to determine the character and condition of the property
being moved. Furniture or fragile articles, packed by shipper, must be properly supported and cushioned and
the container must be marked as to the fragile nature of the contents.
Carrier has right to refuse articles that are improperly packed and are susceptible to damage because of the
inadequate packaging. At the request of shipper or agent, carrier will properly repackage at charges shown in
this tariff.
Item 9__________ Computation of Time
Time of service shall be computed from the time the vehicle reports at point of origin until delivery has
been completed at destination, plus traveling time from terminal and return thereto, less time spent for
meals and downtime (see Item 5 (c) and Item 11).
Item 10________ Disposition of Fractions
Unless otherwise provided in this tariff, to dispose of fractions in computing a rate or charge, omit fractions
of less than one-half (1/2) of one cent, or increase to the next whole figure those fractions which are equal
to or more than one-half (1/2) cent.
Item 11________ Hourly Rates: Method of Computation
Charges based on time shall be computed by multiplying the hourly rate by the time-period
involved. Fractions of an hour shall be disposed of as follows:
a. Where the time involved is less than 15 minutes,
the charge shall be for one-quarter of an hour;
b. When in excess of 15 minutes but not more than 30 minutes,
the charge shall be for one-half hour;
c. When in excess of 30 minutes but not more than 45 minutes,
the charge shall be for three-quarters of an hour;
d. When in excess of 45 minutes but not more than 60 minutes,
the charge shall be for one hour.
Item 12_______ Advancement of Charges
Carrier may advance charges, only at the owner’s request, for services necessary to facilitate the movement of
goods; viz, appliances removal and/or installation; or any other circumstance requiring special equipment,
skills or licensing. When carrier engages the third party at the request of and as agent of the owner, carrier
will not be liable for third party activities or conduct, amount of charges, nor for the quality or quantity of
services. The advance charges will be in addition to tariff charges and will be supported by third party’s
invoices.
Item 13 _______Vehicle and Driver Required
Carrier shall not supply a vehicle without a driver.
Item 14 ______Perishable Foods
Except as otherwise provided in this Item, carrier shall not accept for shipment any frozen foods or any
other articles requiring refrigeration. At the carrier's option, frozen foods may be accepted for
transportation, provided:
a. The food is contained in a freezer which at time; of loading is operating at normal deep-freeze
temperature;
b. The shipment is to be transported not more than 80 miles and or delivery be accomplished
within 24 hours from time of loading;
c. No storage of the shipment is required; No preliminary or en route servicing by use of dry ice,
electricity, or other preservative methods are required of carrier;
d. Carrier will not be responsible for the condition or the flavor of the food.
Item 15____Disassembling and Reassembling
Transportation charges do not include the cost of removing any outdoor articles embedded in the ground
or secured to a building, nor the assembling or disassembling of any indoor or outdoor articles. Charges
for this service are listed in Item 500 of this tariff.
Item 16 _____Waiting or Delay Time
Rates and charges for waiting or delay time shall be as shown in Item 500 and of this tariff. Charges apply to
vehicle and crew and shall apply when vehicle is held for the convenience of the shipper and / or consignee,
through no fault or neglect of the carrier or its agent.
Item 17 _______Furnishing Helpers
Carrier will furnish the number of helpers expected to be necessary to properly handle the shipment to be
transported.
On request of the shipper, the carrier may furnish additional helpers at the applicable rates for helpers.
Charge will be in addition to all other applicable charges. Charges for this service are listed in Item 500 of
this tariff.
Item 18 Hoisting and/or Lowering of Articles
Hoisting or lowering services will be performed at points only where carrier has equipment and qualified
personnel necessary to perform such service, weather conditions permitting. Otherwise, upon request of
shipper, or owner of the goods, the carrier, as agent of and for and on behalf of the shipper or owner, will
attempt to arrange for service, at the expense and risk of the shipper or owner of the goods. In such instances
the carrier shall not be responsible for damage or loss of the shipment or property when in possession of the
third party.
Item 19_____ Toll Charges
Where delivery of any commodity covered by this tariff must be made by use of a toll bridge or ferry, the
actual cost (prevailing charges) will be added to all other charges. In addition to the charge to be collected on
the loaded movements, the same charges will also apply on the return of the carrier’s vehicle.
Item 20 _______Cross Reference to Charges, Items, Notes or Rules
Where reference is made in this tariff to charges, items, notes or rules, such reference will also
embrace any revision of successive issues of such charges, items, notes or rules.
RULES GOVERNING FILING OF CLAIMS OR SUITS
Item 300 _____Loss, Damage or Overcharge Claims or Suits.
NOTE: Notations of loss, damage or overcharge made at the time of delivery on the Bill of Lading, do not
constitute the filing of a claim.
Any claim for damage, loss or overcharge shall be filed with the carrier in writing by the claimant; and shall
be accompanied by the paid original bill to the carrier. In lieu thereof, carrier may require certified or sworn
statement of claim.
Carrier must be notified of any concealed damage and shall be allowed the opportunity to inspect articles
damaged, the package, and packing material.
Carrier’s liability for sets or matched articles shall be limited to repair or replacement of the lost or
damaged item only.
Carrier’s liability shall not exceed cost of repairing or replacement of lost or damaged article with like kind
and quality, not to exceed the depreciated value, and in no event a greater amount than the released value
declared on the Bill of Lading.
Loss or Damage: Claims for loss and/or damage must be filed with the carrier, in writing, within nine
months after delivery of the property, or in case of failure to make delivery, then within nine months after
a reasonable time for delivery has elapsed; and, suits shall be instituted against the carrier only within two
years and one day from the day when notice, in writing, is given by the carrier to the claimant, that the
carrier has disallowed the claim, or any part or parts thereof, specified in the notice. When claim is not
filed or suit is not instituted the in accordance with the foregoing provisions the carrier shall not be liable,
and, such claims or suits shall not be paid.
Overcharge: Claims for overcharge payments must be filed with the carrier, in writing, within two years after
delivery of the property; and suits shall be instituted against carrier within two years and one day from the
day when notice, in writing, is given by the carrier to the claimant that the carrier has disallowed the claim.
When claims are not filed or suits are not instituted thereon in accordance with the foregoing provisions,
carrier shall not be liable and such claims or suits shall not be paid.
Carrier's Acknowledgement of Claim: When a claim is filed, the carrier shall acknowledge receipt of the
claim, in writing to the claimant, and within thirty (30) days after the date of its receipt by the
carrier unless the carrier shall have paid or declined such claim in writing. The carrier shall also indicate in
its acknowledgement if any additional documentary evidence or other pertinent information may be required
to further process the claim.
Carrier shall pay, decline, or make a firm compromise settlement offer in writing to the claimant within 120
days after receipt of the claim.
ACCESSORIAL SERVICES
Charges for materials and the accessorial services shown in this Section shall be in addition to all other rates
and charges named in this tariff
Item 400 ____________Materials, Delivery, Packing and Unpacking of Containers
Charges in the "Container and Packing" column shall only apply Monday through Friday and, then, only
between the hours of 8:00 AM to 5:00 PM.
At the request of the shipper, the carrier will deliver containers to such shipper; the delivery charge shall be
assessed at rates applicable to vehicle and driver as shown in Item 500, as may be amended, of this tariff.
At the request of shipper/consignee, unpacking of containers will be performed by the carrier; a charge shall
be assessed at rates applicable to helper-per-man as shown in Items 500, as may be amended, as may be the
case, of this tariff.
At the request of the shipper overtime-packing of containers will be performed by the-carrier; a charge shall
be assessed at appropriate rates, applicable to helper-per-man as shown in Items 500 or 600, as may be
amended, as may be the case, for labor plus applicable charges shown in the "Container Charge" column.
TYPE OF CONTAINER
CONTAINER AND
PACKING
CONTAINER
CHARGE
BARRELS, DISHPACKS OR DRUMS
$16.50
$6.70
CARTONS, Not over (in cu. Ft.):
1.5
3.90
1.50
3.0
5.95
2.25
4.5
7.40
2.65
6.0
8.05
3.05
6.5
9.15
3.05
CARTONS, MATTRESS:
Crib
4.25
2.25
(S) Mattress 39-x75
6.90
4.25
(D) Mattress 54x75
7.80
5.20
(K/Q) Mattress 54x75 M/T
12.25
8.00
(E/L) Mattress 39x80
8.00
5.30
CARTONS, MIRROR:
13.10
6.45
CARTONS, COMMERCIAL TOTE:
2.00
CARTONS, WARDROBE
9.10
6.65
COVERS, PAPER OR PLASTIC:
4.25
3.00
CRATES AND/OR CONTAINERS:
Per cubic foot
4.00
Minimum Charge
15.00
Item 401 Inventory
The Carrier is responsible for the delivery of all items listed on an inventory made pursuant to a move,
whether made by the Carrier or the Shipper, as long as the inventory is signed by both the carrier and the
shipper.
Item 405 Accessorial Labor Charges
The charge named in this Item shall cover all accessorial services for which no charges are otherwise
provided in this tariff. Such charge shall be in addition to all other charges accruing on any involved
shipment.
The charge will apply only when such unnamed service is requested by the shipper and / or
consignee.
The charge per man furnished, shall be equal to the total number of hours consumed (less meal times)
multiplied by the applicable hourly rate applicable to helper-per-man as provided in Items 500, as may be
amended, and as may be the case, of this tariff (see Item 11).
Item 500 Rates and Charges
Appendix B
UNIFORM HOUSEHOLD GOODS BILL OF LADING, FREIGHT BILL AND CONTRACT
Bill of Lading #_________________
Carrier:________________________________Truck#:_______RIPUC#:_______Phone#: _____________________________
ORIGIN:
DESTINATION:
Shipper: _______________________ Tele#: _______________ Consignee:______________________________________
Address: ____________________________________________ Address:_______________________________________
_______________________________Floor _________ ________________________Floor_________
City/State/Zip: ______________________________________
City/State/Zip:___________________________________
Pack Date(s) __________________
Type of Shipment: COD ____ or Bill _____
Load Date(s) _________________
Bill to: _______________________________________
Delivery Date(s) ______________
_______________________________________
SECTION 1: Coverage:
I
Declaration of items with a value over $2000.00:
I have read the attached “TRUTH IN COVERAGE” statement I
Item:
Value:
and have chosen the following coverage for this move:
I
____________________________ ________
[ ] DEPRECIATED (ACTUAL) VALUE
I
____________________________ ________
Declared Value________________
I
___________________________ ________
[ ] RELEASED ($0.60 per pound per article) VALUE I ____________________________ ________
I ____________________________ ________
Signature of Shipper ______________________ Date _____ I
SPECIAL INSTRUCTIONS: ____________________
(or Representative of Shipper)
I
_____________________________________________
Signature of Carrier _______________________ Date _____ I
_____________________________________________
(or Representative of Carrier)
I
_____________________________________________
TOTAL CHARGES FOR SECTION 1: $ ________ I
_____________________________________________
SECTION 2: Number of packages and description of packages being transported: [Attach additional page(s) if
needed]________________________________________________________________________________________________
______________________________________________________________________________________________________
SECTION 3: Hourly transportation charges accrue from time truck leaves warehouse until time truck returns to warehouse.
WORKERS ON THIS MOVE: 1 Driver; ____ Laborers
START: _______ END: __________
Regular Time (Rate A): ________ x ________ hours
Overtime (Rate B): _________ x _______
hours Less Meal AND Break times - Start: ______ End: ______
Less Meal AND Break times - Start: ____
End:____ Weekend Time (Rate C): _____ x _____ hours
Less Meal AND Break times - Start: ____ End:____
TOTAL CHARGES FOR SECTION 3: ______
SECTION 4: Packing related charges
Explanation: ___________________________________________________________________________________________
TOTAL CHARGES FOR SECTION 4: ______
SECTION 5: Advanced charges
Explanation:____________________________________________________________________________________________
TOTAL CHARGES FOR SECTION 5: ______________
I HEREBY ACKNOWLEDGE RECEIPT OF MY BELONGINGS
I.
Subtotal Section 1:________________
IN GOOD CONDITION, WITH EXCEPTIONS LISTED BELOW:
I
Subtotal Section 2: ________________
______________________________________________________
I
Subtotal Section 3: ________________
______________________________________________________
I
Subtotal Section 4: ________________
______________________________________________________
I
Subtotal Section 5:________________
_______________________________________________________
I
TOTAL CHARGES: ______________
FULL PAYMENT DUE UPON DELIVERY IN CASH, MONEY ORDER, CERTIFIED CHECK, CREDIT/DEBIT CARD.
THE MOTOR CARRIER’S SECTION OF THE R.I. DIVISION OF PUBLIC UTILITIES AND CARRIES REGULATES
INTRASTATE MOVES OF HOUSEHOLD GOODS. CALL 941-4500 FOR MORE INFORMATION.
Appendix C
TRUTH IN COVERAGE STATEMENT
(ATTACHMENT TO HOUSEHOLD GOODS MOVERS’ BILL OF LADING)
CARRIER: _____________________
SHIPPER: __________________________
DATE: _________________________
BILL OF LADING #: _________________
[ ] DEPRECIATED (ACTUAL) VALUE:
If any article is lost, destroyed or damaged while in your mover’s custody, your
mover will be required to either repair the article to the extent necessary to restore it to the
same condition as when it was received by your mover, or pay you for the cost of such
repairs, or reimburse you the depreciated (actual) value of the item.
_______________________________
Signature of Shipper or Representative
[ ] RELEASED VALUE:
If any article is lost, destroyed or damaged while in your mover’s custody, your mover’s
liability is limited to the ACTUAL WEIGHT of the lost, destroyed or damaged article multiplied
by 60 cents per pound per article. For example, if a 100-pound television, valued at $1000.00 is
lost or destroyed, the mover would be liable for no more than $60.00 (60¢ x 100 pounds.)
Recovery under this level of coverage is considerably less than the average value of household
goods. If you wish to choose this level of coverage, write the words “SIXTY CENTS PER
POUND” on the line below:
________________________________________________
_______________________________
Signature of Shipper or Representative