§ 62-271. Collection of rates and charges of motor carriers of household goods. - North Carolina Statutes

§ 62‑271. Collection of rates and charges of motor carriers of household goods.

No common carriers of household goods by motor vehicle shall deliver orrelinquish possession at destination of any freight transported by it inintrastate commerce until all tariff rates and charges thereon have been paid,except under such rules and regulations as the Commission may from time to timeprescribe to govern the settlement of all such rates and charges, includingrules and regulations for weekly or monthly settlement, and to prevent unjustdiscrimination or undue preference or prejudice; provided, that the provisionsof this section shall not be construed to prohibit any such carrier fromextending credit in connection with rates and charges on freight transported forthe United States, for any department, bureau, or agency thereof, or for theState, or political subdivision thereof. Where any common carrier by motorvehicle is instructed by a shipper or consignor to deliver household goodstransported by such carrier to a consignee other than the shipper or consignor,such consignee shall not be legally liable for transportation charges inrespect of the transportation of such household goods (beyond those billedagainst him at the time of delivery for which he is otherwise liable) which maybe found to be due after the household goods have been delivered to him, if theconsignee (i) is an agent only and had no beneficial title in the householdgoods, and (ii) prior to delivery of the household goods has notified thedelivering carrier in writing of the fact of such agency and absence ofbeneficial title, and, in the case of shipment reconsigned or diverted to apoint other than that specified in the original bill of lading, has alsonotified the delivering carrier in writing of the name and address of thebeneficial owner of the household goods. In such cases the shipper andconsignor, or, in the case of a shipment so reconsigned or diverted, thebeneficial owner shall be liable for such additional charges, irrespective ofany provisions to the contrary in the bill of lading or in the contract underwhich the shipment was made. If the consignee has given to the carriererroneous information as to who is the beneficial owner, such consignee shallhimself be liable for such additional charges, notwithstanding the foregoingprovisions of this section. On shipments reconsigned or diverted by an agentwho has furnished the carrier with a notice of agency and the proper name andaddress of the beneficial owner, and where such shipments are refused orabandoned at ultimate destination, the said beneficial owner shall be liablefor all legally applicable charges in connection therewith. (1947, c. 1008, s. 31; 1963, c. 1165, s. 1; 1995, c.523, s. 24.)