N.M. Admin. Code § 18.3.11.9 - LIMITATIONS ON SERVICE OPTIONS
An HGC may offer the following service options. However, an HGC may not charge for these or any other services unless the charge is included in the HGC's commission-approved tariff.
A.
Space reservation: The HGC
may not enter into an agreement for the shipper to pay for a minimum number of
cubic or linear feet in the HGC's transporting vehicle, regardless of how much
space is actually occupied by the shipment, when the shipment completely
occupies the transporting vehicle.
B.
Expedited service: An HGC may
subject shipments weighing less than the minimums specified in this subsection
to reasonable delay for consolidation aboard a single vehicle. When a shipper
orders expedited service with a specified delivery date and the HGC is unable
to consolidate the shipment with other shipments, the HGC may base
transportation charges on the specified minimum weights.
(1) Shipments moving zero to fifty miles,
3,000 pounds minimum;
(2) Shipments
moving fifty miles to one hundred miles, 5,000 pounds minimum;
(3) Shipments moving one hundred and one
miles to two hundred miles, 8,000 pounds minimum;
(4) Shipments moving two hundred and one
miles to 300 miles, 10,000 pounds minimum;
(5) Shipments moving three hundred and one
miles and up, 12,000 pounds minimum.
C.
Exclusive use of a vehicle:
(1) An HGC may require a minimum charge for
exclusive use of a vehicle.
(2) An
HGC may not enter into an exclusive use of vehicle agreement with a shipper
when the shipment completely occupies the transporting vehicle.
D.
Guaranteed pickup and
delivery: The liability provided by a guaranteed pickup and delivery
agreement is in addition to and shall in no way limit the liability of the HGC
otherwise provided by law.
E.
Storage in transit:
(1) A shipper
may place a shipment that is in transit in storage one or more times for an
aggregate of no more than 180 days.
(2) Upon the expiration of the 180 day
period, the storage facility shall be considered the final destination and all
accrued charges shall become due and payable.
(3) The shipper or the shipper's agent may
add to or remove goods from storage and the HGC shall adjust the charges to the
new weight of the shipment.
F.
Accessorial services. An HGC
shall clearly describe on the bill of lading each accessorial service provided
to a shipper.
G.
Advanced
charges. The HGC may bill a shipper for services not performed by the
HGC but by a third party at the shipper's request only if such services are
clearly described on the bill of lading and supported by a copy of the third
party's invoice.
Notes
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