4901:2-19-07 Determination of weights.

(A) Nothing in this rule shall be construed as requiring the weighing of shipments, unless the carrier bases its rates and charges on the weight of the shipment.

(B) Each carrier that establishes household goods rates by weight shall determine the tare weight of each vehicle used in the transportation of household goods by having the vehicle weighed on a certified scale prior to the transportation of each shipment, without the crew thereon, and when so weighed, the fuel tanks on such vehicle shall be full and the vehicle shall contain all pads, chains, dollies, hand trucks and other equipment needed in the transportation of shipment to be loaded thereon.

(C) The net weight of the shipment shall be obtained by deducting the tare weight from the gross weight, in accordance with 49 C.F.R. 375.509(a) .

(D) Where no certified scale is available at the point of origin, the gross weight shall be obtained at the nearest certified scale either in the direction of the move or in the direction of the next pickup or delivery, in the case of part loads.

(E) Where no certified scale is available at origin, nor at any point in route or upon destination, a constructive weight, based on seven pounds per cubic foot of properly loaded van space, may be used to substitute for gross weight.

(F) In the transportation of part loads, this rule shall apply in all respects, except that the gross weight of a vehicle containing one or more part loads may be used as the tare weight of such vehicle as to part loads subsequently loaded thereon.

(G) A consumer or representative of the consumer, upon request, without charge, and using separate transportation, may accompany the carrier to a certified scale to observe the weighing of shipment after loading.

(H) A true copy of any weight ticket obtained for tare and gross weight, pertaining to a shipment, shall be given to the consumer and attached to the bill of lading.

(I) A part load for any one consumer not exceeding one thousand pounds may be weighed on a certified scale prior to being loaded on the vehicle.

(J) An automobile or other article weighing in excess of five hundred 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 for its transportation.

(K) No carrier shall accept a shipment of household goods for transportation which appears to be subject to the minimum weight provisions of the carrier's tariff without first having advised the consumer of such minimum weight provisions.

(L) The determination of weight for shipments of household goods by interstate carriers shall be governed by 49 C.F.R. 371, 49 C.F.R. 375, and 49 C.F.R. 507 to 49 C.F.R. 521 as effective on the date referenced in paragraph (E) of rule 4901:2-19-02 of the Administrative Code.

Replaces: 4901:2-19-07

Effective: 09/16/2011
R.C. 119.032 review dates: 05/31/2016
Promulgated Under: 111.15
Statutory Authority: 4921.04, 4921.08, 4921.09 , 4921.10, 4921.38
Rule Amplifies: 4921.08, 4921.09 , 4921.10, 4921.38
Prior Effective Dates: 5/25/89, 7/15/99, 4/10/09