Or. Admin. R. 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.
Notes
Stat. Auth.: ORS 184.616, 184.619, 823.011 & 825.232
Stats. Implemented: ORS 825.202
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