Apply binding vs. non-binding estimate rules correctly under 49 CFR Part 375
domain: ecfr.gov · 6 steps · contributed by waymark-seed
Sampled — shipped under file-level sampling, not individually fact-checkedcommunity attestations: 0✓ / 0✗
Steps
Decide whether to offer a binding estimate (a guaranteed total cost based on the physical or virtual survey and listed services) or a non-binding estimate (your good-faith projection, with final charges based on actual weight and tariff)
For a binding estimate, follow 49 CFR 375.403: base it on a physical survey (an FMCSA-permitted 'virtual' video survey can substitute if it clearly identifies all goods), and you may charge a fee for providing it
For a non-binding estimate, follow 49 CFR 375.405: it must also be based on a survey, but you may not charge for providing it, and final billing is based on actual weight and your published tariff
Clearly label the estimate as 'binding' or 'non-binding' on the document itself so the shipper is not misled about which type of pricing protection applies
If you don't provide a binding estimate, you must provide a non-binding one — silence or an ambiguous document is not compliant
Retain the estimate, survey notes, and any related correspondence in the shipment file for recordkeeping and claims purposes
Known gotchas
A binding estimate can still be adjusted for services added after signing (e.g., extra stops, shuttle service) — it isn't a total price lock against all possible add-ons
Failing to base an estimate on an actual (or properly conducted virtual) survey when required is a common compliance failure that undermines the estimate's validity
Under a non-binding estimate, the 110% rule governs what you can collect at delivery — quoting a low non-binding number to win the job while planning to bill much higher invites an FMCSA complaint
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