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NEW JERSEY REGISTER
VOLUME 35, NUMBER 9
MONDAY, MAY 5, 2003
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
OFFICE OF THE DIRECTOR
PUBLIC MOVERS AND WAREHOUSEMEN
WORDS AND PHRASES DEFINED; LICENSE TO ENGAGE IN THE BUSINESS OF PUBLIC MOVING
AND/OR STORAGE; CHANGE OF ADDRESS, BUSINESS NAME, OR TELEPHONE NUMBER;
DESIGNATION OF AGENT; ADVERTISING; PLACE OF BUSINESS; TRADE NAME; DISCONNECTION
OF UNLICENSED MOVER'S TELEPHONE; TARIFFS; BILL OF LADING, BROCHURE, ESTIMATED
COST OF SERVICES FORM, ORDER FOR SERVICE FORM, WAREHOUSE RECEIPT; ISSUANCE;
LEGAL LIABILITY AND INSURANCE; BINDING ESTIMATES; SUBCONTRACTING; OCCUPATIONAL
MISCONDUCT; LABOR AND EQUIPMENT; WAREHOUSING; COLLECTION OF TARIFF CHARGES
WHERE THE SHIPMENT HAS BEEN DESTROYED; LIABILITY FOR DAMAGE TO CONSUMER'S
GOODS; CLAIMS PROCEDURES; FORMS

 

Proposed Amendments: N.J.A.C. 13:44D-1.1, 1.2, 2.1, 2.2, 2.3, 2.5, 2.6, 3.1, 4.1, 4.2, 4.3A, 4.4, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11 and 5.1

Proposed Repeals: N.J.A.C. 13:44D-4.3, 4.4, 4.5 and Appendices A and B

Proposed New Rules: N.J.A.C. 13:44D-2.7, 2.8, 3.2, 4.2, 4.3, 4.4, 4.7, 4.14 and Appendices A, B, C, D and G

Authorized By: Reni Erdos, Director, Division of Consumer Affairs.

Authority: N.J.S.A. 45:14D-1 et seq., specifically 45:14D-6, and Reorganization Plan 008-1998.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2003-159.

Submit comments by July 4, 2003 to:

Reni Erdos, Director

Division of Consumer Affairs

124 Halsey Street

PO Box 45027

Newark, New Jersey 07102

The agency proposal follows:

Summary

Pursuant to N.J.S.A. 45:14D-1 et seq., specifically 45:14D-6, the Director of the Division of Consumer Affairs (the Director) proposes amendments, repeals, new rules and recodifications to the rules which regulate public movers and warehousemen, N.J.A.C. 13:44D.

The Director proposes to replace the term "shipper" with "consumer" throughout the chapter.

N.J.A.C. 13:44D-1.1 sets forth definitions for words and terms used in N.J.A.C. 13:44D. The Director proposes definitions for the terms "advertising," "binding estimate," "consumer," "gross weight," "net weight," "power unit," "short-notice moving or warehousing" and "tare weight." The Director also proposes amendments to the section to clarify language, replace the existing definition for "tariff" with the statutory definition and to delete the definition of "owner/operator" and "shipper."

The Director proposes to amend the heading of Subchapter 2 to "General License Requirements."

N.J.A.C. 13:44D-2.1 deals with licensure of public movers and/or warehousemen. Subsection (a) is proposed for amendment to delete mention of the forms an applicant must file with the Director. This provision has been moved into new subsection (b) and the list of forms has been amended to clarify language, to point out that coverage for workers' compensation is required by N.J.S.A. 34:15-77 and 78 and to require that applicants file a copy of all vehicle registrations issued by the New Jersey Division of Motor Vehicles. Existing subsection (b) is recodified as subsection (c). A provision which requires licensees to renew forms, and existing subsection (c), are moved to new subsection (d). New subsection (d) states that licenses will be valid for one year and must be renewed by sending in a completed renewal form and renewal fee to the Director. Subsection (d) through (f) are proposed for recodification as (e) through (g) with no change in text. Proposed new subsection (h) requires that all vehiclesused by a licensee for public moving must have, on both sides of trucks, the name of the licensee, the license number and the name of the owner of the vehicle, if it is different from that of the licensee. Proposed new subsection (i) states that if the name of more than one moving company appears on a truck the information from subsection (h) must appear for all the companies listed or, if any of the companies is not licensed in New Jersey, a statement must appear which indicates that the company is not licensed in New Jersey. Proposed new subsection (j) states that licensees may only perform those tasks that they are licensed to perform. A licensee who is only licensed to provide moving is prohibited from providing warehousing and a licensee who is only licensed to provide warehousing is prohibited from providing moving. Subsection (k) states that providing unlicensed services is a violation of N.J.S.A. 45:14D-9(a) and is subject to penalties pursuant to N.J.S.A. 45:14D-7, 16 and 20.

N.J.A.C. 13:44D-2.2 deals with change of business addresses, names and telephone numbers. Proposed new subsection (c) requires that licensees change all vehicle signage within 60 days of a change of address, and requires licensees to notify the Director when signage has been changed. Proposed new subsection (d) requires licensees to notify the Director, within 30 days, if there is a change in ownership of a moving company.

N.J.A.C. 13:44D-2.3 deals with designated agents for moving companies. Subsection (a) is proposed for amendment to state that the form a licensee must file with the Director is the "Designation of Agent" form. Subsection (b) is proposed for amendment to require that the designated agent be someone who is neither the owner, director or principal of the moving company. Proposed new subsection (d) states that service of process to the designated agent is deemed adequate notice for the purposes of N.J.A.C. 1:1-7.1 and the commencement of any disciplinary proceedings.

N.J.A.C. 13:44D-2.5 deals with advertising. Subsection (a) is amended to require that advertisements include the address of the licensee's permanent place of business in New Jersey and New Jersey telephone number. Proposed new subsection (b) prohibits any advertisement from indicating that a licensee may provide services for which he or she is not licensed. Proposed new subsection (c) states that any licensee who uses misleading advertising is subject to disciplinary action pursuant to N.J.S.A. 45:14D-7, 16 and 20.

N.J.A.C. 13:44D-2.6(c) is proposed for amendment to clarify its language.

N.J.A.C. 13:44D-2.7 is a proposed new section which deals with names used by companies offering moving and warehousing services. Subsection (a) prohibits a licensee from using a company name which is misleading as to the services the company can provide. Licensees who are only licensed as public movers cannot use the terms "warehouse," "warehousing," "storage," "storing," "depository," "repository," or any language which indicates authority to provide warehousing services. Licensees who are only licensed as warehousemen cannot use the terms "mover," "moving," "cargo," "carrier," "shipper," "shipping," "lading," "relocation," or any language which indicates authority to provide moving services. Subsection (b) states that any licensee who uses a misleading business name is subject to disciplinary action pursuant to N.J.S.A. 45:14D- 7, 16 and 20.

N.J.A.C. 13:44D-2.8 is a proposed new section which provides for the disconnection of telephone services to unlicensed movers. This rule has been proposed pursuant to N.J.S.A. 45:14D-26 et seq. Subsection (a) requires the Director to notify the Board of Public Utilities (BPU) of any unlicensed public mover. Subsection (b) states that once notified of an unlicensed mover by the Director, the BPU shall, pursuant to N.J.S.A. 45:14D-27, order the servicing telecommunications company to disconnect the mover's commercially listed telephone. Subsection (c) requires a telecommunications company to disconnect phone service pursuant to N.J.S.A. 45:14D-28 when ordered to do so by the BPU.

N.J.A.C. 13:44D-3.1 deals with public mover tariffs. The rule is amended to correspond to the recodification of N.J.A.C. 13:44D-4.3A.

N.J.A.C. 13:44D-3.2 is a proposed new rule which deals with calculating moving costs. Subsection (a) requires movers to determine rates either by the hour or by the weight of the goods. Subsection (b) requires movers to document in the bill of lading the hours spent performing a move, if the cost is calculated by the hour. Subsection (c) requires movers to calculate the net weight of the goods by subtracting the tare weight from the gross weight, if the cost is calculated by weight. A mover is allowed to weigh goods prior to loading them by using a portable scale or by estimation based on cubic feet, if the goods weigh less than 1,000 pounds. Any documents indicating weight must have a seal indicating that the scale used was approved by the New Jersey Office of Weights and Measures.

Subchapter 4 deals with general provisions for movers and warehousemen. N.J.A.C. 13:44D-4.1 is proposed for amendment to deal with moving contracts based on a non-binding estimate. Subsection (a) is proposed for amendment to indicate that the agreement between the licensee and the consumer is a contract, and to indicate that these provisions apply when a non-binding estimate is used. The proposed amendment requires movers to provide consumers, at least 24 hours prior to the move, with a brochure with the information outlined in Appendix A. The rule allows movers to put their name on the brochure but prohibits them from altering the brochure in any other way. The rule also requires movers to provide consumers, within at least 24 hours prior to the move, with a written estimate that has been signed by the consumer and the mover after a physical inspection of the premises. A mover is allowed to use an estimator to perform an estimate, but each estimator can only work for one mover. The mover can use any form for his or her estimate form, as long as all the requirements of subsection (a) and Appendix B are met, the font size matches that in Appendix B and the words in bold in Appendix B are in bold on the form.

Existing N.J.A.C. 13:44D-4.1(a)3 is proposed for recodification as new subsection (b). The new subsection is amended to require a public mover to enter into a contract with a consumer at least 24 hours prior to a move by completing an order for service form. The public mover can use any order for service form he or she chooses, as long as the form contains the same information as the sample form in Appendix D and the font size and bolding in the mover's form is the same as in Appendix D.

Existing subsection (b) is proposed for recodification as new subsection (c). The subsection is amended to require that a mover issue a bill of lading to the consumer after the order for service form has been signed by the mover and the consumer. The bill of lading must include the time the moving vehicle arrived at the point of origin and the time when the move was finished. A mover can use any form for the bill of lading, as long as that form contains the same information as the sample form in Appendix E and the font size and bolding in the mover's form is the same as the form in Appendix E. The subsection is further proposed for amendment to delete a requirement that the bill of lading be included in the tariff of the public mover, since a public mover no longer needs to use a tariff in every situation.

Existing subsection (c) is proposed for deletion and its provisions are incorporated into new N.J.A.C. 13:44D-4.3.

Proposed new subsection (d) requires a mover to issue a certificate of insurance to a consumer prior to the commencement of a move.

N.J.A.C. 13:44D-4.2 is a proposed new rule which outlines procedures to follow when a mover enters into a contract based on a binding estimate. Subsection (a) of the rule requires a mover providing services pursuant to a binding estimate to issue to consumers, at least 24 hours prior to a move, a brochure, an order for service and a binding estimate. The order for service must include the date of shipment, storage arrangements, points of origin and destination, the date of delivery, a notice indicating that the consumer acknowledges receipt of the brochure and the order for insurance. A mover can use any order for service form that contains the information contained in Appendix G as long as the font size and bolding in the mover's form conforms to Appendix G. The binding estimate must be in writing and shall be furnished to a consumer after a physical inspection of the premises and the goods to be moved. Both the mover and the consumer must sign the binding estimate and the mover shall retain a copy as part of the bill of lading. A binding estimate must describe the property to be moved and all services to be provided. A mover can use any binding estimate form that contains the information contained in Appendix C as long as the font size and bolding in the mover's form conforms to Appendix C. Subsection (b) of the rule requires movers to issue a bill of lading. Subsection (c) states that if any additional services are requested by a consumer, the mover may perform those services and charge for them pursuant to his or her filed tariff. If additional services are added, the binding estimate is still a valid contract between the mover and the consumer for the services it lists. Subsection (d) requires a mover to issue a certificate of insurance to a consumer within seven days of a move.

N.J.A.C. 13:44D-4.3 is a proposed new rule which outlines procedures that must be followed when a warehouseman enters into a contract to provide warehousing services. Prior to entering into a contract to provide services, a warehouseman must provide consumers with: a brochure as depicted in Appendix A; a non-binding final estimated cost of services form as depicted in Appendix B; and an order for service form as depicted in Appendix D. A warehouseman can use any non-binding final estimated cost of services or order for service form that contains the same information, font size and bolding as Appendices B and D require. A warehouseman must also provide consumers a warehouse receipt form as depicted in Appendix F. The warehouse receipt must indicate the date of issue, the name and address of the warehouseman and the consumer, the warehouseman's license number, an address or telephone number where the warehouseman and the consumer can be reached, a description of the goods and the location where the goods are to be stored. The warehouseman may use any form that contains the same information as required by Appendix F as long as the font size and bolding is the same as in Appendix F.

N.J.A.C. 13:44D-4.4 is a proposed new rule which allows public movers and/or warehousemen to use a combined order for service and estimate form. If the public mover and/or warehouseman combines the order for service and estimate forms the combined form shall contain the same information as the forms found in Appendices B and D. The consumer shall sign the combined form twice, once for the order for service and once for the estimate, and the purpose for each signature shall be clearly indicated on the combined form.

Existing N.J.A.C. 13:44D-4.2 is proposed for recodification as N.J.A.C. 13:44D-4.5. Subsection (a) of the rule is proposed for amendment to clarify that $.60 per pound per article is the lowest amount a licensee can limit liability to and that the order for service form must clearly state the public mover's and/or warehouseman's liability. The rule is further amended to clarify that a liability limitation is voided if a licensee fails to provide an order for service form which conforms to N.J.A.C. 13:44D-4.1(b), 4.2(a) or 4.3(a) or a brochure pursuant to N.J.A.C. 13:44D-4.1(a), 4.2(a) or 4.3(a). Subsections (b), (c) and (d) are proposed for amendment to clarify their language. Subsection (e) is proposed for amendment to indicate that a mover and/or warehouseman has to file forms with the Director. One of these forms is a notice of cancellation of workers' compensation insurance policies, which is provided by the Compensation Rating and Inspection Bureau of the Department of Banking and Insurance. The subsection is also proposed for amendment to clarify its language. Subsections (h) and (i) are proposed for amendment to clarify their language. Subsection (j) is a proposed new subsection which requires public movers and/or warehousemen to inform the Director, within 30 days, of any insurance policy lapses, revocations or any other failures to renew.

Existing N.J.A.C. 13:44D-4.3 is proposed for repeal and its provisions are incorporated into amended N.J.A.C. 13:44D-4.1 and new rule N.J.A.C. 13:44D-4.2.

Existing N.J.A.C. 13:44D-4.3A is proposed for recodification as N.J.A.C. 13:44D-4.6. The heading of this section is changed to "Withholding a shipment." Subsection (a) is proposed for deletion and its provisions are incorporated into proposed new N.J.A.C. 13:44D-4.2. Existing subsection (b) is proposed for recodification as subsection (a). The subsection is proposed for amendment to prohibit a public mover from withholding a shipment if the contract is based on a binding estimate and the consumer pays the amount of the binding estimate, or if the contract is based on a non-binding estimate and the mover does not disclose in the order for service that he or she may withhold a shipment for non-payment. Subsections (c) and (d) are proposed for deletion as their provisions have been incorporated into new subsection (a). Subsection (e) is proposed for recodification as subsection (b). The rule is proposed for amendment to clarify its language and to include citations to N.J.S.A. 45:14D-29(d) and N.J.S.A. 45:14D-22.

N.J.A.C. 13:44D-4.4 is proposed for repeal and its provisions are incorporated into proposed new rule N.J.A.C. 13:44D-4.7. Proposed new subsection (a) states that a public mover can only subcontract to another licensed public mover. Proposed new subsection (b) states that a public mover can only subcontract when he or she is unable to perform a move on the promised date and the consumer agrees to the subcontracting in writing. Proposed new subsection (c) requires a public mover to supply a consumer with the nature of the relationship between the public mover and the subcontracted public mover in writing. Proposed new subsection (d) states that the original public mover is responsible for the services provided by a public mover to whom work has been subcontracted.

Existing N.J.A.C. 13:44D-4.5 is proposed for repeal as its provisions have been incorporated into proposed new N.J.A.C. 13:44D-4.7.

Existing N.J.A.C. 13:44D-4.6 is proposed for recodification as N.J.A.C. 13:44D-4.8. Subsection (a) is proposed for amendment to clarify its language.

Existing N.J.A.C. 13:44D-4.7 is proposed for recodification as N.J.A.C. 13:44D-4.9.

Existing N.J.A.C. 13:44D-4.8 is proposed for recodification as N.J.A.C. 13:44D-4.10. Subsection (b) of the rule is proposed for amendment to require that notification to a consumer be in writing.

N.J.A.C. 13:44D-4.9 is proposed for recodification as N.J.A.C. 13:44D- 4.11. The rule is proposed for amendment to clarify its language.

N.J.A.C. 13:44D-4.10 is proposed for recodification as N.J.A.C. 13:44D- 4.12. Subsection (a) is proposed for amendment to clarify its language and to delete reference to damage caused by a hostile or warlike action or an act of God. A new provision, which includes reference to severe weather or seismic conditions, is proposed for addition to the rule. Subsection (b) and (c) are proposed for amendment to clarify language.

N.J.A.C. 13:44D-4.11 is proposed for recodification as N.J.A.C. 13:44D- 4.13. Proposed new subsection (a) states that any claims for damages made by consumers must be made in writing and sent to the public mover and/or warehouseman. A public mover and/or warehouseman is required to forward a claim form to a consumer within seven days of receiving notification of a claim. Existing subsection (a) is proposed for recodification as subsection (b). The rule is proposed for amendment to clarify its language and to indicate that claims for damages should be submitted to the public mover and/or warehouseman. Existing subsection (b) is proposed for recodification as subsection (c). The rule is proposed for amendment to require that a consumer submit the paid bill or original bill of lading with a written claim when a claim is based on overcharging or partial loss. Existing subsection (c) is proposed for recodification as subsection (d). The rule is proposed for amendment to clarify its language and to reflect recodifications. Existing subsection (d) is proposed for deletion as its provisions have been incorporated into new subsection (a). Subsection (e) is proposed for amendment to clarify its language and to allow a 30-day extension to the 90-day deadline for settling a claim, if the public mover and the consumer agree to the extension in writing. A public mover must retain such an agreement to an extension as part of his or her records for two years.

N.J.A.C. 13:44D-4.14 is a proposed new rule which outlines procedures that must be followed when a public mover and/or warehouseman performs a short- notice move or warehousing. Subsection (a) prohibits a public mover and/or warehouseman from performing a move, or providing warehouse property, on the same day a consumer contacts the mover and/or warehouseman unless the provisions of subsection (b) are met. Subsection (b) states that a public mover and/or warehouseman may perform a short-notice move: if a consumer has been evicted from his or her residence or office and needs to move property within 24 hours; if the consumer's residence or office has been damaged by fire and he or she needs to move the property within 24 hours; if the consumer contracted for a move or warehousing and the other mover and/or warehouseman did not arrive to perform services; or if the total cost of the move will not exceed $500.00. Subsection (c) requires a public mover and/or warehouseman to issue all forms required by N.J.A.C. 13:44D-4.1, 4.2 and 4.3 when performing a short-notice move, but exempts the public mover and/or warehouseman from the requirement that these forms be issued 24 hours prior to the move or warehousing. Subsection (d) requires a public mover and/or warehouseman to obtain proof that requirements of subsection (b) have been met. The public mover and/or warehouseman must maintain this documentary evidence as part of his or her records for at least three years.

Existing Appendix A is a sample estimated cost of services form. The Director proposes to delete this form and proposes a new Appendix A which is a sample brochure. Existing Appendix B is a sample order for service form. The Director proposes to delete this form and proposes a new sample "Estimated Cost of Services for Moving or Warehousing--Nonbinding" form in Appendix B. Existing Appendix C is a sample "Combined Uniform Goods Bill of Lading and Freight Bill." The Director proposes to recodify this form as Appendix E and change its name to "Bill of Lading." The Director proposes a new form in Appendix C, "Estimated Cost of Services for Moving Only--Binding." Existing Appendix D is a sample "Non-Negotiable Warehouse Receipt and Inventory." The Director proposes to recodify this form as Appendix F. The Director proposes a new form in Appendix D, the "Order for Service with Non-Binding Estimate." The Director proposes new Appendix G, "Order for Service with Binding Estimate."

The Director has determined that the comment period for this proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.

Social Impact

The Director believes that the amendments and new rules proposed for N.J.A.C. 13:44D will have a positive impact on society. The proposed amendments and new rules protect consumers by ensuring that they have adequate information regarding a licensee and the services the licensee will perform. N.J.A.C. 13:44D-2.1 requires that all moving vehicles exhibit the licensee's name and license number. This ensures that consumers will know who they are dealing with when moving, that the person performing the move is licensed and that the consumer will have the information needed to effectively file a complaint against this person if anything goes wrong. N.J.A.C. 13:44D-2.5 and 2.7 prohibit advertisements or use of names that are misleading as to the services a licensee is licensed to perform. This will ensure that consumers know what services a licensee is authorized to provide. N.J.A.C. 13:44D-2.8 allows the Director to arrange for the disconnection of an unlicensed mover's phone service. This will assist the Director in preventing unlicensed movers from operating in New Jersey. N.J.A.C. 13:44D-4.1, 4.2 and 4.3 set forth what documents a licensee must provide to a consumer upon entry into a contract for a move or warehousing and the information those documents must contain. This ensures that consumers are given all the information they need prior to a move or warehousing and that the forms used by licensees adequately cover all aspects of a move or warehousing. N.J.A.C. 13:44D-4.6 prohibits a mover from withholding a shipment if a consumer pays the amount specified in a binding estimate or the mover does not disclose in the Order for Service that a shipment can be withheld if the freight bill is not paid when the contract is based on a non-binding estimate. This ensures that movers will not unfairly withhold shipments. The restrictions placed on subcontracting by N.J.A.C. 13:44D-4.7 ensure that subcontracting will not occur unless a consumer agrees to the subcontracting, the subcontractor is a public mover and the initial licensee remains responsible for services rendered. Amendments to N.J.A.C. 13:44D-4.13 ensure that claims against a licensee will be dealt with in a timely fashion by a licensee. N.J.A.C. 13:44D-4.14 allows licensees to perform moves or warehousing the same day the contract is signed when a consumer has an emergency need for moving or warehousing. This provision benefits consumers who need to move immediately due to a fire or an eviction or when the original public mover does not arrive on the day of the move.

Economic Impact

The Director believes that the proposed amendments and new rules may have an economic impact on applicants for licensure and licensees. Amendments to N.J.A.C. 13:44D-2.1(b) require applicants for licensure to submit a photocopy of all vehicle registrations to the Director. The cost of preparing and submitting these photocopies will be borne by the applicant. The proposed amendments impose costs on licensees. N.J.A.C. 13:44D-2.1(c) requires licensees to renew licensure every year. Subsection (g) requires that any vehicle used for moving have the name and license number of the licensee and the name of the owner of the vehicle printed on it. N.J.A.C. 13:44D-2.2 requires a licensee, within 60 days of a change in the name of a business, to update vehicle signage and to notify the Director of the change. If there is a change in ownership in a moving company, a licensee must notify the Director within 30 days of the change. The costs of re-licensure, providing trucks with the proper signage and notifying the Director are borne by the licensee. N.J.A.C. 13:44D-2.5(c) states that licensees who violate prohibitions on advertising may be subject to discipline from the Director. N.J.A.C. 13:44D- 2.7(b) imposes the same sanction on licensees who use business names that are misleading as to the services a licensee can perform. Such discipline could include the imposition of fines, which the licensee would need to pay and could impose costs for the licensee. N.J.A.C. 13:44D-4.1, 4.2 and 4.3 require licensees to provide consumers with specific documents and forms when entering into a contract to provide moving or warehousing. The cost of preparing and providing these forms is borne by licensees. N.J.A.C. 13:44D- 4.5(j) requires licensees to notify the Director if an insurance policy lapses. When a licensee subcontracts a move, pursuant to N.J.A.C. 13:44D-4.7 the licensee must provide the consumer with the nature of the relationship between the licensee and the subcontracted public mover in writing. The cost of providing this information is borne by the licensee. N.J.A.C. 13:44D-4.13 requires licensees to provide consumers with claim forms when the consumer wants to make a claim for damages. N.J.A.C. 13:44D-4.14 requires licensees to maintain on file for three years documentary proof that the circumstances permitting a short-notice move set forth in N.J.A.C. 13:44D-4.14(b) have been met. The cost of maintaining this documentation is borne by licensees.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments and new rules have no applicable Federal standards or requirements.

Jobs Impact

The Director does not anticipate that the proposed amendments and new rules will result in the loss or gain of any jobs.

Agriculture Industry Impact

The Director does not anticipate that the proposed amendments and new rules will have any impact on the agriculture industry of the State.

Regulatory Flexibility Analysis

If, for the purposes of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., the approximately 400 licensees who are movers and warehousemen are considered "small businesses," then the following analysis applies.

The Act requires the Director to set forth the reporting, recordkeeping and other compliance requirements of the proposed amendments and new rules including the kinds of professional services likely to be needed to comply. The Act further requires the Director to estimate the initial and annual compliance costs of the proposed amendments and new rules with an indication of the varying impact on small businesses of differing types and sizes and to outline the manner in which it has designed the rules to minimize any adverse economic impact upon small businesses.

The costs imposed on small businesses by the proposed amendments and new rules are the same costs that are imposed on all businesses as outlined in the Economic Impact above.

The Director believes that licensees may need to employ professional printers in order to obtain the forms they are required to provide to consumers. The Director does not believe that licensees will need to employ any other professional services to comply with the requirements of the proposed amendments and new rules.

There are several compliance requirements imposed by the proposed amendments and new rules. N.J.A.C. 13:44D-2.1 requires licensees to renew licenses yearly, requires that all vehicles have the name and license number of the license printed on them and prohibits licensees from performing services for which they are not licensed. N.J.A.C. 13:44D-2.2 requires licensees to change signage on a truck within 30 days of a name change. N.J.A.C. 13:44D- 2.5 prohibits licensees from using terms in advertisements that indicate that the licensee can perform a service for which he or she does not have a license. N.J.A.C. 13:44D-2.7 prohibits a licensee from using a business name that is misleading as to what services a licensee is licensed to perform. N.J.A.C. 13:44D-3.2 requires public movers to calculate the rate for a move either by the hour or by weight. A public mover who calculates by weight must determine the net weight by subtracting the tare weight from the gross weight and must use a scale approved by the New Jersey Bureau of Weights and Measures. N.J.A.C. 13:44D-4.1 and 4.2 require movers to issue to consumers, 24 hours prior to the move, the "Important Notice to Consumers Utilizing Public Movers" brochure, a written estimate and an order for service form. The public mover must also issue a bill of lading on the day of the move and a certificate of insurance prior to the commencement of the move. N.J.A.C. 13:44D-4.2 also requires that, if additional services not listed in a binding estimate are requested, the public mover must charge for those services pursuant to his or her filed tariff. N.J.A.C. 13:44D-4.3 requires a warehouseman to issue to consumers, prior to entering into a contract, the "Important Notice to Consumers Utilizing Public Movers" brochure, a non-binding estimated cost of services form, an order for service and a warehouse receipt. N.J.A.C. 13:44D-4.4 requires a licensee who uses a combined order for service and estimate form to ensure that the combined form have two signature lines, one for the order for service and one for the estimate. N.J.A.C. 13:44D-4.1, 4.2, 4.3 and 4.4 require that all forms used by licensees conform to the forms found in Appendices A through G. N.J.A.C. 13:44D-4.5 requires that the minimum amount to which a public mover may limit liability is $.60 per pound, and requires that the order for service indicate the licensee's liability. N.J.A.C. 13:44D-4.6 prohibits a public mover from withholding a shipment if the amount due according to a binding estimate is paid or if the moving contract, based on a non-binding estimate, does not indicate that the mover can withhold the shipment for non-payment. N.J.A.C. 13:44D-4.7 requires that public movers subcontract only when the public mover cannot perform the move due to circumstances beyond the mover's control. A public mover may only subcontract to another public mover and a consumer must agree to the subcontracting in writing. A public mover who subcontracts must provide the consumer with the nature of the relationship between the public mover and the subcontracted public mover. A public mover who subcontracts to another public mover remains responsible for the services provided. N.J.A.C. 13:44D-4.13 requires that licensees forward a claim form to a consumer who requests the form within seven days of receiving the request. N.J.A.C. 13:44D-4.14 prohibits a licensee from performing short-notice moves or warehousing except when a consumer is evicted, there has been a fire, the original licensee did not show up on the day of the move or the move is less than $500.00. The rule also requires a licensee who performs a short-notice move or warehousing to provide the forms required by N.J.A.C. 13:44D-4.1, 4.2 and 4.3.

The proposal also imposes several reporting and recordkeeping requirements. N.J.A.C. 13:44D-2.2 requires licensees to notify the Director of a change in truck signage within 60 days of the change. If there is a change in the ownership of a business a licensee must notify the Director within 30 days. N.J.A.C. 13:44D-4.5 requires licensees to file with the Director a notice of cancellation of workers' compensation insurance policies on forms provided by the Compensation Rating and Inspection Bureau of the Department of Banking and Insurance. A licensee is also required to notify the Director if an insurance policy lapses. N.J.A.C. 13:44D-3.2 requires public movers who calculate moving costs by the hour to document the hours spent on the move. N.J.A.C. 13:44D-4.13 requires that when an extension of the settlement deadline for claims is agreed to by the consumer and the public mover, the licensee must keep the written agreement on file for two years. N.J.A.C. 13:44D-4.14 requires a licensee who performs a short notice move to keep documentary proof that the conditions of N.J.A.C. 13:44D-4.14(b) were met as part of his or her records for three years.

As the compliance, reporting and recordkeeping requirements of the proposed rules are promulgated to adequately regulate licensees and protect consumers who use their services, the Director believes that the rules must be uniformly applied to all licensees and no exemptions are provided based on the size of the business.

Smart Growth Impact

The Director does not anticipate that the proposal will have any impact on the achievement of smart growth or implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

Full text of the proposed repeals may be found in the New Jersey Administrative Code at N.J.A.C. 13:44D-4.3, 4.4, 4.5 and Appendices A and B.

Full text of the proposed amendments and new rules follows:

<< NJ ADC 13:44D-1.1 >>

13:44D-1.1 Words and phrases defined

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

<<+"Advertising" means any attempt directly or indirectly by publication, dissemination, solicitation, endorsement or circulation or in any other way to induce directly or indirectly any person or entity to purchase or enter into an agreement to purchase services or goods from a licensee.+>>

...

"Bill of lading" means a contract of carriage and a receipt given to <<-the shipper->> <<+a consumer+>> by the public mover for all of the cargo picked up from the <<-shipper->> <<+consumer+>> by the public mover and moved to another point.

<<+"Binding estimate" means a contract which contains a calculation of the cost of a move made after the mover has made a physical survey which clearly describes the goods to be moved and the accessorial services to be performed and which binds the mover to the charges shown on the binding estimate form.+>>

"Brochure" means a printed, <<-pamphlet-type->> informational <<- bulletin->> <<+booklet+>> to be provided to each prospective <<- shipper->> <<+consumer+>> by the public mover and/or warehouseman.

<<+"Consumer" means the person, partnership, corporation, company, trust, business entity or association contracting with a public mover and/or warehouseman for moving and/or storage services.+>>

...

<<+"Gross weight" means the weight of a moving vehicle once it has been loaded with a consumer's goods.+>>

... <<+"Net weight" means the weight of a consumer's goods. The net weight is arrived at by subtracting the tare weight from the gross weight.+>>

"Order for <<-service->> <<+Service+>>" means <<-a form->> <<+ the contract+>> which <<+the consumer receives from+>> a public mover and/or warehouseman <<-shall give to the shipper at the time of the initial contact->> <<+at least 24 hours prior to the move+>>.

<<-"Owner/operator" means a person who owns his or her own vehicle and leases his or her services to a second person or company for compensation to perform moving services for and using the forms and bill of lading of the second person or company.->>

<<+"Power unit" means that component of a moving vehicle that has the mechanical workings of a truck and the cabin where the driver operates the vehicle or the entire truck if it is comprised of only one piece, such as a van. "Power unit" does not mean a detachable trailer.+>>

"Public mover" means any person who engages in or holds him or herself out to the general public as engaging in the transportation of household goods, <<+ as defined by N.J.S.A. 45:14D-2(e);+>> office goods<<+, as defined by N.J.S.A. 45:14D-2(k);+>> or special commodities<<+, as defined by N.J.S.A. 45:14D-2(q)+>> by motor vehicle for compensation in intrastate commerce between points in this State, including the moving of household goods, office goods or special commodities from one location to another at a single address, and any person who engages in the performance of accessorial services <<+as defined by N.J.S.A. 45:14D-2(a)+>>.

"Shipment" means property tendered by <<-one shipper->> <<+a consumer+>>, and accepted by the carrier, at one place of origin and at one time, for one consignee at one destination, and covered by one bill of lading.

<<-"Shipper" means the person or company contracting with a public mover and/or warehouseman for moving and/or storage services.->>

<<+"Short-notice moving or warehousing" means performing a move, or warehousing property, on the same day that aconsumer requests services from a public mover and/or warehouseman.+>>

"Subcontracting" means the transfer by a public mover, with the prior approval of the <<-shipper->> <<+consumer+>>, of any bill of lading to another licensed public mover to perform services initially contracted by the original public mover.

<<+"Tare weight" means the weight of an empty moving vehicle prior to the loading of a consumer's goods.+>>

"Tariff" means a <<-statement of the rates, charges, classification ratings and regulations of the public mover and/or warehouseman->> <<+schedule of rates and charges for the storage or transportation of property in intrastate commerce on file with the Board, which shall be used, except in the use of binding estimates by movers, in computing all charges on the storage or transportation of property as of the date of the time in storage or transportation+>>.

"Warehouse receipt" means a receipt given to <<-the shipper->> <<+a consumer+>> by a warehouseman for all of the <<-shipper's->> <<+ consumer's+>> goods stored in the warehouseman's facility.

...

SUBCHAPTER 2. <<-LICENSE GENERALLY->> <<+GENERAL LICENSE REQUIREMENTS+>>

<< NJ ADC 13:44D-2.1 >>

13:44D-2.1 License to engage in the business of public moving and/or storage

(a) No license to engage in the business of public moving and/or storage shall be issued or remain in effect unless the applicant owns or leases pursuant to a long-term lease at least one moving vehicle <<-and unless there shall be on file with the Director:->><<+.+>>

<<+(b) An applicant for licensure as a public mover and/or warehouseman shall submit to the Director:+>>

1. A <<-properly->> <<+fully+>> completed application for licensure accompanied by the required fee;

2. Certificates of insurance evidencing coverage of <<-worker's->> <<+ workers'+>> compensation (when such coverage is required <<+under N.J.S.A. 34:15-77 and 78+>>), the operation of motor vehicle equipment, cargo, storage facilities and property being held in storage conditioned or providing for the payment of all judgments recovered against a public mover and/or warehouseman in the manner and amounts specified in N.J.A.C. 13:44D-<<-4.2->><<+4.5+>>;

3. A designation of agent <<+pursuant to N.J.A.C. 13:44D-2.3+>>; <<- and->>

4. A <<-properly->> <<+fully+>> executed, filed tariff<<-.->> <<+as specified in N.J.A.C. 13:44D-3.1; and+>>

<<+5. A photocopy of all vehicle registration(s) issued to the applicant by the New Jersey Division of Motor Vehicles or, in the case of vehicles subject to a long-term lease, a photocopy of the signed lease agreement.+>>

<<-(b)->><<+(c)+>> The initial license shall be issued to a qualified applicant if it is found that the applicant is fit, willing and able to perform the service of a public mover and/or warehouseman, to conform to the provisions of the Public Movers and Warehousemen Licensing Act, N.J.S.A. 45:14D-1 et seq., and pays the required fee <<+as specified in N.J.A.C. 13:44D- 2.4+>>. <<-Requests for the renewal of a license shall be on such forms as may be specified by the Director and accompanied by the required renewal fee.->>

<<-(c) All licenses issued by the Director shall expire on September 30 of each year or such other date as may from time to time be designated.->>

<<+(d) All licenses shall be valid for one year. Prior to the license expiration date the Director shall send out renewal forms to all licensees. Licensees shall submit a completed renewal form and the renewal fee as specified in N.J.A.C. 13:44D-2.4 to the Director prior to the expiration date of the license.+>>

Recodify existing (d)-(f) as <<+(e)-(g)+>> (No change in text.)

<<+(h) All commercial vehicles used in the practice of public moving shall be marked in conspicuous lettering, at least three inches in height, on the passenger and driver side of the truck cab, and the passenger and driver side of the truck's trailer, with the following information:+>>

<<+1. The name of the licensee;+>>

<<+2. The words "License number" or "Lic. #" followed by the letters and numbers as they appear on the license certificate; and+>>

<<+3. The name of the registered owner or lessee of the vehicle, if it is different than the name required under (h)1 above.+>>

<<+(i) If the name of more than one moving or warehousing company appears on a truck, information as required by (h) above shall be listed on the truck for each company. If the additional company(ies) listed on a truck are not licensed to perform intrastate moving or warehousing in New Jersey, the truck shall contain a statement in conspicuous lettering, at least three inches in height, that the companies are not licensed in New Jersey.+>>

<<+(j) A licensee may perform only those services for which licensure has been granted:+>>

<<+1. A licensee granted a license to engage only in the business of public moving shall not engage in the business of warehousing;+>>

<<+2. A licensee granted a license to engage only in the business of warehousing shall not engage in the business of public moving; and+>>

<<+3. A licensee granted a license to engage in the businesses of public moving and warehousing is entitled to render both services.+>>

<<+(k) Performing services for which licensure has not been granted is a violation of N.J.S.A. 45:14D-9(a) and is subject to the penalty provisions of N.J.S.A. 45:14D-7, 45:14D-16 and/or 45:14D-20.+>>

<< NJ ADC 13:44D-2.2 >>

13:44D-2.2 Change of address, business name, or telephone number

(a)-(b) (No change.)

<<+(c) In addition to the requirements of (a) and (b) above, all licensees who change their business name and/or permanent place of business shall, within 60 days of the change, update all vehicle signage as required by N.J.A.C. 13:44D-2.1(h) and notify the Director in writing that the signage has been changed.+>>

<<+(d) A licensee shall notify the Director within 30 days, in writing, if there is a change in ownership in his or her moving company.+>>

<< NJ ADC 13:44D-2.3 >>

13:44D-2.3 Designation of agent

(a) No public mover and/or warehouseman shall operate under a license unless and until there has been filed with the Director, on the <<- specified->> <<+"Designation of Agent"+>> form, a designation of agent, street address and municipality upon whom service of process, notices and/or orders may be made pursuant to N.J.S.A. 45:14D-1 et seq.

(b) The designated agent shall be an individual, <<+who is neither the owner, director or principal of the company and who is a+>> resident of the State of New Jersey<<-, and such->><<+. Such+>> designee may<<-, from time to time,->> be changed by filing the specified form <<+pursuant to (a) above and (c) below+>>.

(c) (No change.)

<<+(d) Service of process to the designated agent shall be deemed adequate notice for the purposes of N.J.A.C. 1:1-7.1 and the commencement of any disciplinary proceedings.+>>

<< NJ ADC 13:44D-2.5 >>

13:44D-2.5 Advertising

(a) All advertising by licensees shall include the licensee's:

1.-2. (No change.)

3. <<-New Jersey business address->> <<+Permanent place of business in New Jersey+>> and <<-phone->> <<+New Jersey telephone+>> number.

<<+(b) Advertising shall not be misleading as to the services that the licensee is authorized to render. If a licensee is authorized to perform only public moving or warehousing, the advertising shall not include language that states or implies that the licensee is authorized to render both public moving and warehousing services.+>>

<<+1. A licensee authorized only to provide public moving services shall not use advertising that includes the terms "warehouse," "warehousing," "storage," "storing," "depository," "repository" or other language which indicates that warehousing services may be rendered by that licensee.+>>

<<+2. A licensee authorized only to provide warehousing services shall not use advertising that includes the terms "mover," "moving," "cargo," "carrier," "shipper," "shipping," "lading," "relocation" or other language that indicates that the services of a public mover may be rendered by that licensee.+>>

<<+(c) A licensee who uses advertising that is misleading as to the services that the licensee is authorized to render shall be deemed to have engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense pursuant to N.J.S.A. 45:14D-7(b) and shall be subject to discipline by the Director pursuant to N.J.S.A. 45:14D-7, 45:14D-16 and 45:14D-20.+>>

<< NJ ADC 13:44D-2.6 >>

13:44D-2.6 Place of business

(a)-(b) (No change.)

(c) A <<-permanent place of business shall not include either a->> post office box or a maildrop location <<+shall not constitute a permanent place of business for the purposes of this chapter+>>.

(d) (No change.)

<< NJ ADC 13:44D-2.7 >>

<<+13:44D-2.7 Names used to offer moving and/or warehousing+>>

<<+(a) Any name used by a licensee to offer moving and/or warehousing services in New Jersey shall not be misleading as to the services that the licensee is authorized to render.+>>

<<+1. A licensee authorized only to provide public moving services shall not use a name that includes the terms "warehouse," "warehousing," "storage," "storing," "depository," "repository," or other language that indicates that warehousing services may be rendered by that licensee.+>>

<<+2. A licensee authorized only to provide warehousing services shall not use a name that includes the terms "mover," "moving," "cargo," "carrier," "shipper," "shipping," "lading" or other language that indicates that the services of a public mover may be rendered by that licensee.+>>

<<+(b) A licensee who violates (a) above shall be deemed to have engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense pursuant to N.J.S.A. 45:14D-7(b) and shall be subject to discipline by the Director pursuant to N.J.S.A. 45:14D-7, 45:14D-16 and 45:14D-20.+>>

<< NJ ADC 13:44D-2.8 >>

<<+13:44D-2.8 Disconnection of unlicensed mover's telephone+>>

<<+(a) The Director shall, pursuant to the provisions of N.J.S.A. 45:14D- 26, notify the Board of Public Utilities of the business location and telephone number of any public mover that does not have a valid license issued, or renewed, by the Director.+>>

<<+(b) When notified by the Director of the business location and telephone number of any public mover that does not have a valid license issued, or renewed, by the Director, the Board of Public Utilities shall, pursuant to the provisions of N.J.S.A. 45:14D-27, order the servicing telecommunications company of the public mover to disconnect that mover's commercially listed telephone number.+>>

<<+(c) When ordered by the Board of Public Utilities pursuant to (a) and (b) above, the telecommunications company shall, pursuant to the provisions of N.J.S.A. 45:14D-28, disconnect the mover's commercially listed telephone number.+>>

<< NJ ADC 13:44D-3.1 >>

13:44D-3.1 Tariffs

(a)-(d) (No change.)

(e) No licensee shall charge, demand, collect or receive a greater compensation for his or her service than specified in the tariff, except in the use of binding estimates, pursuant to N.J.S.A. 45:14D-29 and N.J.A.C. 13:44D-<<-4.3A->><<+4.2+>>.

(f) (No change.)

<< NJ ADC 13:44D-3.2 >>

<<+13:44D-3.2 Calculating moving costs+>>

<<+(a) A public mover shall determine moving costs either by the hour or by the weight of the consumer's goods.+>>

<<+(b) If a public mover's rates are determined by the hour, the public mover shall document, in the bill of lading, the hours spent performing the move.+>>

<<+(c) If a public mover's rates are determined on the basis of weight, the public mover shall determine the net weight by subtracting the tare weight from the gross weight. If a shipment weighs less than 1,000 pounds, the public mover may weigh it prior to loading by using a portable scale or by estimating the weight based on cubic feet. All documents indicating the weight of a truck, either gross weight or tare weight, shall have a seal on them indicating that the scale used was approved by the New Jersey Office of Weights and Measures.+>>

<< NJ ADC 13:44D-4.1 >>

13:44D-4.1 <<-Billing of lading, brochure, estimated cost of services form, order for service form, warehouse receipt; issuance->> <<+Moving contract: non-binding estimate+>>

(a) Prior to entering into <<-an agreement->> <<+a contract+>> to render services <<+based on a non-binding estimate+>>, every public mover <<-and/or warehouseman->> shall issue the following to each <<- shipper->> <<+consumer at least 24 hours prior to the date of the move+>>:

1. <<-The->> <<+A+>> brochure entitled "Important Notice to Consumers Utilizing Public Movers" which <<-shall contain detailed explanations of the following:->>

<<-i. Estimates;->>

<<-ii. The public mover's and/or warehouseman's responsibility for loss and/or damage;->>

<<-iii. Accessorial services, including, but not limited to, packing, payment, delivery, exclusive use of vehicles, expedited services, small shipments and other services rendered by the public mover and/or warehouseman; and->>

<<-iv. The shipper rights to and procedures for filing a claim for any articles lost or damaged while in transit or storage->> <<+is found at Appendix A and is incorporated herein by reference. The brochure shall be distributed by all public movers to consumers. The public mover may not alter the brochure in any way except that he or she may place the name of his or her company on the brochure+>>;

2. <<-An estimated cost of services form which shall not serve as the actual contract between the shipper and the public mover and/or warehouseman but shall be given as an educated prediction of the cost for the services to be rendered. The estimate for all services provided by the public mover and/or warehouseman shall be in writing and shall be fully completed in all respects, and shall be rendered only after a physical inspection by the public mover and/or warehouseman.->> <<+A fully completed written estimate, signed by the mover and consumer and rendered after a physical inspection of the premises and the goods to be moved by the public mover. A public mover and/or warehouseman may employ an estimator to perform the physical inspection; however, no public mover and/or warehouseman shall employ an estimator who also represents any other public mover and/or warehouseman.+>> A sample estimated cost of services form is provided <<-at->> <<+in+>> Appendix <<-A->><<+B+>><<-, incorporated herein by reference->>. The public mover and/or warehouseman may adopt any form <<-substantially similar to the suggested form->> <<+containing the same information+>> outlined <<-herein->> <<+in this paragraph+>> and in <<-the sample->> <<+Appendix B+>>; <<-said form shall contain all of the information outlined herein->> <<+provided that the font size of the type in the mover's form is the same as in Appendix B, and any words in bold in Appendix B are in bold on the mover's form+>>. This form shall also include a statement, in bold face type, indicating that the tariff in effect at the time of the shipment shall govern the final <<+non-binding estimate+>> charges for the shipment<<-; and->><<+.+>>

<<-3. An order for services form which shall include, but not be limited to, all pertinent information such as->> <<+(b) The public mover and the consumer shall enter into a contract at least 24 hours prior to the move by completing an order for service form. The order for service form shall include+>> the date of shipment, storage arrangements, points of origin and destination, the date of delivery, a notice indicating that the <<- shipper->> <<+consumer+>> acknowledges receipt of the public mover's and/or warehouseman's brochure and the order for insurance. <<-The form shall be fully completed in all respects, and signed and dated by the shipper at least one day prior to the commencement of any moving services.->> No charges shall be affixed to this form. A sample order for service form is provided <<-at->> <<+in+>> Appendix <<-B->><<+D+>>, <<- incorporated herein by reference->>. The public mover <<-and/or warehouseman->> may adopt any form <<-substantially similar to the suggested form->> <<+containing the same information+>> outlined <<- herein->> <<+in this paragraph+>> and in <<-the sample; said form shall contain all the information outlined in this paragraph->> <<+ Appendix D; provided that the font size of the type in the mover's form is the same as in Appendix D, and any words in bold in Appendix D are in bold on the mover's form+>>.

<<-(b) Every->> <<+(c) Once the order for service form has been signed by the mover and the consumer, the+>> public mover shall <<-also->> issue to each <<-shipper->> <<+consumer+>><<-, in addition to the brochure, estimated cost of services form and order for services form,->> a bill of lading which shall indicate the date of shipment, the names and addresses of the public mover and <<-shipper->> <<+consumer+>>, the license number of the public mover, an address or telephone number where the public mover and <<-shipper->> <<+consumer+>> can be contacted during shipment, the points of origin and destination<<+, the time the moving vehicle arrived at the point of origin and when the move was finished,+>> and the released or declared value of the shipment. The bill of lading issued to the <<-shipper->> <<+consumer+>> shall be fully completed <<-in all respects->>. A sample bill of lading is provided <<-at->> <<+ in+>> Appendix <<-C->><<+E+>><<-, incorporated herein by reference->>. The public mover may adopt any form <<-substantially similar to the suggested form->> <<+containing the same information+>> outlined <<-herein->> <<+in this paragraph+>> and in <<-the sample->> <<+Appendix E+>>; <<-said->> <<+provided the+>> form shall contain all the information outlined <<+in this paragraph and provided that the font size of the type in the mover's form is the same as in Appendix E, and any words in bold in Appendix E are in bold on the mover's form+>>. <<-The bill of lading shall be included in the tariff of the public mover.->>

<<-(c) Every warehouseman shall also issue to each shipper, in addition to the brochure, estimated cost of services form and order for services form, a warehouse receipt which shall indicate the date of issue, the names and addresses of the warehouseman and shipper, the license number of the warehouseman, an address or telephone number where the warehouseman and shipper can be contacted during the storage period, a description of the goods and location of the warehouse where the goods are to be stored. The warehouse receipt issued to the shipper shall be fully completed in all respects. A sample warehouse receipt is provided at Appendix D, incorporated herein by reference. The warehouseman may adopt any form substantially similar to the suggested form outlined in this subsection and in the sample; said form shall contain all of the information outlined herein. The warehouse receipt shall be included in the tariff of the warehouseman.->>

<<+(d) Prior to the commencement of a move, a public mover shall provide a certificate of insurance to the consumer who contracted for the move.+>>

<< NJ ADC 13:44D-4.2 >>

<<+13:44D-4.2 Moving contract: binding estimate+>>

<<+(a) Prior to the contracting to provide services pursuant to a binding estimate, every public mover shall issue to each consumer, at least 24 hours prior to the date of the move:+>>

<<+1. The brochure required by N.J.A.C. 13:44D-4.1(a)1;+>>

<<+2. A binding estimate as found in Appendix C. The binding estimate shall be furnished in writing to the consumer or other person responsible for payment of the charges for the mover's services after a physical inspection of the premises and the goods to be moved. The binding estimate shall be signed by the public mover and the consumer, and a copy of the binding estimate shall be retained by the public mover as an addendum to the bill of lading. A binding estimate shall clearly describe the property to be moved and all services to be provided. A sample binding estimate form is provided at Appendix C. The public mover may adopt any form containing the same information outlined in Appendix C provided that the font size of the type in the mover's form is the same as in Appendix C, and any words in bold in Appendix C are in bold on the mover's form; and+>>

<<+3. An order for service as found in Appendix G. The order for service form shall include the date of shipment, storage arrangements, points of origin and destination, the date of delivery, a notice indicating that the consumer acknowledges receipt of the public mover's and/or warehouseman's brochure and the order for insurance. No charges shall be affixed to this form. The public mover may adopt any form containing the same information outlined in this paragraph and in Appendix G; provided that the font size of the type in the mover's form is the same as in Appendix G, and any words in bold in Appendix G are in bold on the mover's form.+>>

<<+(b) On the day of the move the public mover shall issue to the consumer a bill of lading which shall indicate the date of shipment, the names and addresses of the public mover and consumer, the license number of the public mover, an address or telephone number where the public mover and consumer can be contacted during shipment, the points of origin and destination, the time the moving vehicle arrived at the point of origin and when the move was finished, and the released or declared value of the shipment. The bill of lading issued to the consumer shall be fully completed. A sample bill of lading is provided in Appendix E. The public mover may adopt any form containing the same information outlined in this paragraph and in Appendix E; provided the form shall contain all the information outlined in this paragraph and provided that the font size of the type in the mover's form is the same as in Appendix E, and any words in bold in Appendix E are in bold on the mover's form.+>>

<<+(c) If, at the time of the move, additional services not listed in the binding estimate are requested by the consumer the mover may perform those additional services and charge for them pursuant to his or her filed tariff. If additional services are added, the binding estimate remains a contract between the mover and the consumer for those services listed in the binding estimate.+>>

<<+(d) Within seven days of performing a move a public mover shall issue a certificate of insurance to the consumer who contracted for the move.+>>

<< NJ ADC 13:44D-4.3 >>

<<+13:44D-4.3 Warehousemen entering into a contract to provide services+>>

<<+(a) Prior to entering into a contract to render services every warehouseman shall issue to each consumer:+>>

<<+1. The brochure as found in Appendix A. A warehouseman shall not alter the brochure in any way except that he or she may place the name of his or her company on the brochure;+>>

<<+2. A non-binding final estimated cost of services form as found in Appendix B. The warehouseman may adopt any form containing the same information outlined in Appendix B provided that the font size of the type in the mover's form is the same as in Appendix B, and any words in bold in Appendix B are in bold on the mover's form;+>>

<<+3. An order for service form as found in Appendix D. The warehouseman may adopt any form containing the same information outlined in Appendix D provided that the font size of the type in the mover's form is the same as in Appendix D, and any words in bold in Appendix D are in bold on the mover's form; and+>>

<<+4. A warehouse receipt as found in Appendix F which shall indicate the date of issue, the names and addresses of the warehouseman and consumer, the license number of the warehouseman, an address or telephone number where the warehouseman and consumer can be contacted during the storage period, a description of the goods and location of the warehouse where the goods are to be stored. The warehouseman may adopt any form substantially similar to the suggested form outlined in this paragraph and in Appendix F provided the form shall contain all of the information outlined in this paragraph and provided that the font size of the type in the mover's form is the same as in Appendix F, and any words in bold in Appendix F are in bold on the movers form.+>>

<< NJ ADC 13:44D-4.4 >>

<<+13:44D-4.4 Combination of Order for Service and estimate forms+>>

<<+A public mover and/or warehouseman may combine the Order for Service and the estimate forms, binding or non-binding, into one document. If a public mover and/or warehouseman combines the order for service and estimate forms into one form it shall contain the same information as the forms found in Appendices B and D. The consumer shall sign the form twice, once for the order for service and once for the estimate with the purpose for each signature clearly indicated on the form.+>>

<< NJ ADC 13:44D >>

13:44D-<<-4.2->><<+4.5+>> Legal liability and insurance

(a) The public mover and/or warehouseman may<<+,+>> by contract with the <<-shipper->> <<+consumer,+>> limit liability for loss or damage to goods in storage or in transit <<-to a minimum of $.60 per pound per article, provided, however, that such->><<+. The minimum amount which a public mover and/or warehouseman may limit liability is $.60 per pound per article. The order for service shall specifically state the public mover's and/or warehouseman's liability. Any+>> limitation shall be null and void and the public mover and/or warehouseman <<+shall be+>> subject to full liability if any of the following <<-conditions apply->> <<+occurs+>>:

1. The public mover and/or warehouseman <<-failed->> <<+fails+>> to present <<-an Order for Service to the shipper at least one day prior to the actual move and obtain his or her signature, with the date of signature, thus acknowledging receipt as required by N.J.A.C. 13:44D-4.1(a)3->> <<+ an Order for Service form which contains the information required by N.J.A.C. 13:44D-4.1(b), 4.2(a) or 4.3(a) at least 24 hours prior to providing moving and/or storing services+>>;

2. <<-At the time that an Order for Service was presented the->> <<+ The+>> public mover and/or warehouseman <<-failed->> <<+fails+>> to provide the <<-shipper->> <<+consumer+>> with the brochure entitled "Important Notice to Consumers Utilizing Public Movers," <<-which informs the shipper that such limitation applies and that the shipper has the option of making other arrangements for insurance coverage for any damage in excess of the minimum liability offered by the mover and/or warehouseman->> <<+in accordance with N.J.A.C. 13:44D-4.1(a), 4.2(a) or 4.3(a)+>>; or

3. A court or administrative finding has been made that the loss of or damage to the <<-shipper's->> <<+consumer's+>> goods was the result of gross negligence and/or gross incompetence on the part of the mover and/or warehouseman and<<+/or+>> his or her agents <<-and/->>or employees, whether as to the actual handling of goods or in the failure to provide appropriate security to prevent loss by theft.

(b) Every licensed public mover and/or warehouseman <<-transporting and/or storing property for compensation->> shall secure, maintain and file with the Director a certificate of insurance from an insurance company authorized and licensed to do business in this State covering the motor vehicle <<- equipment->>, cargo, storage facilities and property being held in storage for the amount<<+s+>> set forth <<+in (c)+>> below, conditioned or providing for payment of all judgments recovered against such public mover and/or warehouseman.

(c) The minimum amounts of insurance <<-for->> <<+a+>> public mover<<-s are as follows->> <<+shall secure and maintain are+>>:

1. Legal liability coverage at the rate of <<-60 cents (->>$.60<<-)->> per pound per article<<-.->><<+;+>>

2. Bodily injury liability, property damage liability:

i.-ii. (No change.)

iii. Limit for loss or damage in any one accident to property of others (excluding cargo): $10,000<<-.->><<+; and+>>

3. (No change.)

(d) The minimum amounts of insurance for warehousemen <<-are hereby prescribed as follows->> <<+are+>>:

1. Legal liability coverage at the rate of <<-60 cents (->>$.60<<-)->> per pound per article.

(e) <<-All filings shall be executed->> <<+The mover and/or warehouseman shall file with the Director+>> in triplicate<<+,+>> on forms substantially similar to those determined by the National Association of Regulatory and Utilities <<-Commission->> <<+Commissioners+>> (NARUC) and promulgated by the Interstate Commerce Commission (ICC)<<-. Said filings shall include->><<+, containing+>> the following:

1.-3. (No change.)

4. Notice of cancellation of <<-worker's->> <<+workers'+>> compensation insurance policies on a form provided by the <<- Director->> <<+Compensation Rating and Inspection Bureau of the Department of Banking and Insurance+>>.

(f)-(g) (No change.)

(h) All required insurance filings shall be made at the Office of <<-the Director of->> <<+Regulated Business, Division of+>> Consumer Affairs, 124 Halsey Street, <<+PO Box 45027,+>> Newark, New Jersey 07101. <<-The Director's mailing address is Director of the Division of Consumer Affairs, PO Box 45027, Newark, New Jersey 07101.->>

(i) Where a <<-shipper->> <<+consumer+>> requests the public mover <<+and/+>>or warehouseman to obtain additional insurance and the <<-shipper thereafter->> <<+consumer+>> pays the additional premium, the public mover <<+and/+>>or warehouseman shall furnish the <<- shipper->> <<+consumer+>> with a certificate of insurance. Such certificate shall include the following:

1.-6. (No change.)

7. The amount, if any, of any deductible for which the <<- shipper->> <<+consumer+>> would be liable.

<<+(j) The public mover and/or warehouseman shall inform the Director, within 30 days, if an insurance policy lapses, is revoked or is not renewed for any reason.+>>

<< NJ ADC 13:44D-4.3A >>

<< NJ ADC 13:44D-4.6 >>

13:44D-<<-4.3A->><<+4.6+>> <<-Binding estimates->> <<+Withholding a shipment+>>

<<-(a) If a binding estimate is used for moving, the estimate shall be furnished in writing to the customer or other person responsible for payment of the charges for the mover's services and a copy of the estimate shall be retained by the public mover as an addendum to the bill of lading. A binding estimate shall clearly indicate on its face that the estimate is binding on the public mover and that the charges shown are the charges to be assessed for the services identified in the estimate. A binding estimate shall clearly describe the property to be moved and all services to be provided. If, at the time of the move, additional property is to be moved or additional services are to be provided, or both, that are in excess of that provided in the binding estimate, the mover shall not charge, demand, collect or receive a greater compensation for those services than specified in his filed tariff.->>

<<-(b) No mover shall->> <<+(a) A public mover shall not+>> withhold all or any part of a shipment if <<-the amount due on the moving contract based on a binding estimate in regard to the move is offered to be paid, or is paid, in full to the mover.->><<+:+>>

<<+1. The moving contract is based on a binding estimate and the consumer or other person responsible for payment of charges pays the amount of the binding estimate in full, or the consumer or other person responsible for payment of charges offers to pay the amount of the binding estimate and the mover refuses to accept the amount offered; or+>>

<<+2. The moving contract is not based on a binding estimate and the mover does not disclose in the Order for Service that the mover may withhold all or part of the shipment for non-payment of the freight bill.+>>

<<-(c) No mover shall withhold all or any part of a shipment pursuant to a moving contract not based on a binding estimate unless the mover discloses in the moving contract that the mover may withhold all or a part of the shipment for payment of the freight bill.->>

<<-(d) A mover shall disclose in the moving contract that the mover may not withhold all or any part of a shipment if:->>

<<-1. The moving contract is based on a binding estimate and the amount due on a binding estimate for the move is offered to be paid, or is paid, in full to the mover; and->>

<<-2. The moving contract is not based on a binding estimate and the mover has not otherwise disclosed in the moving contract that the mover may withhold all or any part of the shipment for payment of the freight bill.->>

<<-(e)->><<+(b)+>> A mover <<-which violates->> <<+ violating+>> any provision of this section shall be liable<<+, pursuant to N.J.S.A. 45:14D-29(d),+>> to a civil penalty of not less than $1,000 nor more than $5,000 for a first violation and not less than $5,000 nor more than $10,000 for <<-a->> <<+each+>> subsequent violation<<+s+>>. The penalty prescribed in this section shall be collected and enforced by summary proceedings pursuant to "the penalty enforcement law" (N.J.S.A. 2A:58-1 et seq.) <<+N.J.S.A. 45:14D-22+>>.

<< NJ ADC 13:44D-4.7 >>

<<+13:44D-4.7 Subcontracting+>>

<<+(a) A public mover shall only subcontract to another public mover.+>>

<<+(b) A public mover shall only subcontract if the mover is unable to perform the move on the promised date due to forces and circumstances beyond his or her control and the consumer agrees, in writing, to the subcontracting.+>>

<<+(c) If a mover wishes to obtain a consumer's permission to subcontract the mover shall provide the consumer, in writing, with the nature of the relationship between the original public mover and the subcontracted public mover.+>>

<<+(d) The original public mover shall remain responsible for the services provided by the subcontracted public mover.+>>

<< NJ ADC 13:44D-4.6 >>

<< NJ ADC 13:44D-4.8 >>

13:44D-<<-4.6->><<+4.8+>> Occupational misconduct

(a) A public mover shall be deemed to have engaged in occupational misconduct within the meaning of N.J.S.A. 45:14D-7(f) if <<-said public->> <<+ the+>> mover engages in <<-conduct including, but not limited to,->> the following:

1. Books and/or attempts to perform a move where the mover knew or should have known that a moving vehicle of adequate size and containing adequate equipment to accommodate the <<-shipper's->> <<+consumer's+>> goods and any necessary moving equipment would not be or in fact was not available to the mover on the scheduled date of the move;

2. Fails to arrive at the <<-shipper's->> <<+consumer's+>> premises on the promised date of service and perform all contracted-for services; or

3. Fails to notify the <<-shipper->> <<+consumer+>> of the impossibility of meeting the promised date of service by written notice or by telephone no later than 12:00 noon on the promised date, or, if impractical under the circumstances, at the earliest possible time, and fails to offer the <<-shipper->> <<+consumer+>> the option of:

i.-ii. (No change.)

iii. Accepting substituted service by another licensed carrier. In the event this option is accepted the <<-shipper->> <<+consumer+>> shall be charged according to the filed tariff of the public mover performing the substituted service; or

iv. (No change.)

(b) (No change.)

<< NJ ADC 13:44D-4.7 >>

<< NJ ADC 13:44D-4.9 >>

13:44D-<<-4.7->><<+4.9+>> Labor and equipment

A public mover shall supply only such labor and equipment which would reasonably be expected to be necessary to properly perform the moving services indicated on the original estimated cost of services form. Any changes in the number of men and/or amount or type of equipment to be employed or utilized must be approved in writing and in advance by the <<-shipper->> <<+ consumer+>> and the public mover.

<< NJ ADC 13:44D-4.8 >>

<< NJ ADC 13:44D-4.10 >>

13:44D-<<-4.8->><<+4.10+>> Warehousing

(a) The exact address of the warehouse where the <<-shipper's->> <<+ consumer's+>> goods are to be stored shall be indicated on the estimated cost of services form, bill of lading, if any, and warehouse receipt. In the event the <<-shipper's->> <<+consumer's+>> goods are to be moved, in whole or in part, to another warehouse, the public mover and/or warehouseman shall, 30 days in advance of the transfer, notify the <<-shipper->> <<+ consumer+>> by registered mail and provide him or her with the address of the proposed warehouse and any differences in insurance coverage between the contracted-for warehouse and the new proposed warehouse. The public mover and/or warehouseman shall also<<+,+>> in advance of any transfer<<+,+>> secure the <<-shipper's->> <<+consumer's+>> written approval or grant the <<-shipper->> <<+consumer+>> the option of removing his or her possessions without penalty.

(b) Any public mover and/or warehouseman utilizing a self-storage facility shall so notify the <<-shipper->> <<+consumer in writing+>> before entering into a contract for storage.

(c) A public mover and/or warehouseman shall give the <<-shipper->> <<+ consumer+>> no less than 30 days written notice by registered mail before increasing the fees to be charged for storage and shall provide the <<- shipper->> <<+consumer+>> the option of removing goods from storage without penalty prior to increasing such fees.

(d) A public mover and/or warehouseman shall provide the <<- shipper->> <<+consumer+>> access to his or her possessions and goods upon 48 hours notice to the public mover and/or warehouseman. The public mover and/or warehouseman may require payment of all outstanding charges and access fees, as provided by his or her tariff<<-s->>, before allowing the <<- shipper->> <<+consumer+>> access.

(e) A public mover and/or warehouseman shall not store the goods of a <<- shipper->> <<+consumer+>> engaged in an <<-intra-state->> <<+intra- State+>> move in an out-of-State warehouse.

(f) (No change.)

<< NJ ADC 13:44D-4.9 >>

<< NJ ADC 13:44D-4.11 >>

13:44D-<<-4.9->><<+4.11+>> Collection of tariff charges where the shipment has been destroyed

The public mover shall not collect, or require a <<-shipper->> <<+ consumer+>> to pay, any tariff charges on any shipment that is totally lost or destroyed. The <<-shipper will->> <<+consumer shall+>>, however, remain liable for any and all insurance premiums agreed upon by the <<- shipper->> <<+consumer+>> and the <<+public+>> mover.

<< NJ ADC 13:44D-4.10 >>

<< NJ ADC 13:44D-4.12 >>

13:44D-<<-4.10->><<+4.12+>> Liability for damage to <<- shipper's->> <<+consumer's+>> goods

(a) The public mover <<+and/+>>or warehouseman shall be liable for physical loss, destruction, or damage to any articles of the <<- shipper->> <<+consumer+>> during transit <<+and/+>>or storage, except when:

1. The damage was caused by the <<-shipper->> <<+consumer+>> or was the result of the <<-shipper's->> <<+consumer's+>> negligence;

2. (No change.)

<<-3. The damage was caused by a hostile or warlike action occurring in a time of peace or war;->>

<<-4.->><<+3.+>> After warning the <<-shipper->> <<+ consumer+>> of the possibility or likelihood of damage, because of strikes, lockouts, labor disturbances, riots, or civil commotions, the <<- shipper->> <<+consumer,+>> in a signed writing<<+,+>> instructs the public mover or warehouseman to proceed with the transportation or storage notwithstanding such risks; or

<<-5. The damage was caused by an act of God.->>

<<+4. The damage was caused by severe weather or seismic conditions.+>>

(b) Where the basis for excusing the liability of any public mover <<+ and/+>>or warehouseman is based upon any portion of (a) above, the burden shall rest with the public mover <<+and/+>>or warehouseman to prove the truth of allegations to the satisfaction of the Director unless the <<- shipper->> <<+consumer+>>, in a signed and notarized writing, agrees to the public mover's <<+and/+>>or warehouseman's claims.

(c) The public mover or warehouseman shall not be liable for any loss or damage occurring after the property has been delivered to the <<- shipper->> <<+consumer+>> or the <<-shipper's->> <<+consumer's+>> authorized agent.

<< NJ ADC 13:44D-4.11 >>

<< NJ ADC 13:44D-4.13 >>

13:44D-<<-4.11->><<+4.13+>> Claims procedures

<<+(a) If a consumer wishes to file a claim for damage to goods occurring during a move or while in storage, the consumer shall so notify the public mover and/or warehouseman in writing. Within seven days of receiving such notification, the public mover and/or warehouseman shall forward to the consumer the appropriate claim forms.+>>

<<-(a)->><<+(b)+>> All claims for loss, damage or overcharge shall be <<-made->> <<+submitted+>> in writing <<-and->> <<+to the public mover and/or warehouseman+>> within 90 days of the <<- shipper's->> <<+consumer's+>> receipt of his or her goods. All claims shall be accompanied by the original paid bill of lading.

<<-(b)->><<+(c)+>> Where the claim involves either overcharging or partial loss, damage or destruction of a <<-shipper's->> <<+ consumer's+>> goods, the <<-shipper->> <<+consumer+>> shall pay in full the amount appearing on the original bill and <<-present a paid bill or the original paid bill of lading prior to entering a claim->> <<+shall submit the paid bill or original paid bill of lading with the written claim, pursuant to (a) above+>>.

<<-(c)->><<+(d)+>>-Where the claim involves the loss, damage or destruction of the entire shipment, the <<-shipper->> <<+consumer+>> is liable for only the insurance premiums agreed upon in accordance with N.J.A.C. 13:44D-<<-4.9->><<+4.11+>>.

<<-(d) A public mover or warehouseman shall present the shipper with the appropriate claim forms no later than seven days after receiving written or verbal notification that the shipper wishes to make a claim.->>

(e) The public mover <<+and/+>>or warehouseman <<-must->> <<+and consumer shall+>> settle all claims within 90 days of the receipt of the completed claim form. <<-This time period may be extended by the Director upon a showing of good cause by either party. Under no circumstances may the 90 day period be extended by an agreement between the public mover or warehouseman and the shipper or any third party.->> <<+This 90 day period may be extended by 30 days if both the public mover and/or warehouseman and the consumer agree in writing to an extension. The public mover shall maintain the signed agreement to extend this period in his or her records for two years.+>>

<< NJ ADC 13:44D-4.14 >>

<<+13:44D-4.14 Short-notice move or warehousing+>>

<<+(a) Pursuant to N.J.A.C. 13:44D-4.1, 4.2 and 4.3, a public mover and/or warehouseman shall not perform a move, or provide warehouse property, on the same day a consumer contacts the mover and/or warehouseman except as provided in (b) below.+>>

<<+(b) A public mover and/or warehouseman may only perform a short-notice move or warehousing if:+>>

<<+1. The consumer has been evicted from his or her residence or office and needs to move or store his or her property within 24 hours of the eviction;+>>

<<+2. The consumer's residence or office has been damaged by fire and he or she needs to move or store his or her property within 24 hours of the fire;+>>

<<+3. The consumer contracted for a move or warehousing on that day and the other mover and/or warehouseman did not arrive to perform the move or warehousing; or+>>

<<+4. The total cost to the consumer of the move or warehousing, including tips or gratuities, will not exceed $500.00.+>>

<<+(c) A public mover and/or warehouseman who performs a short-notice move or warehousing shall issue all forms required by N.J.A.C. 13:44D-4.1, 4.2 and 4.3, as appropriate. A public mover and/or warehouseman who performs a short-notice move or warehousing need not provide documents 24 hours prior to the move as required by N.J.A.C. 13:44D-4.1, 4.2 and 4.3.+>>

<<+(d) A public mover and/or warehouseman who performs a short-notice move shall obtain documentary proof that the consumer was evicted from the residence or office, had to move on account of a fire, had contracted with another mover for a move on that day or that the cost of the move or warehousing did not exceed $500.00. The public mover and/or warehouseman shall maintain this documentary evidence as part of his or her records for at least three years.+>>

<< NJ ADC 13:44D-5.1 >>

13:44D-5.1 Forms

<<+(a)+>> The <<-forms->> <<+form+>> set forth in <<- Appendices->> <<+Appendix+>> A <<+is incorporated by reference as part of these rules and shall be adhered to, except that the public mover and/or warehouseman may add information such as business name and logo to indicate the company that has provided the brochure to the consumer.+>>

<<+(b) The forms set forth in Appendices B+>> through <<-D->> <<+ F+>> are samples only, intended to demonstrate the information <<+and type size+>> that is required to be included on the front page of each document. All forms and contracts, however, used by licensees in transactions for the personal, family or household purposes of a consumer shall comply with the Plain Language Law, N.J.S.A. 56:12-1 et seq.

Full text of proposed new N.J.A.C. 13:44D Appendices A, B, C and D follows:

<< NJ ADC 13:44D App. A >>

APPENDIX A

<<+IMPORTANT NOTICE TO CONSUMERS USING PUBLIC MOVERS AND WAREHOUSEMEN+>>

<<+FORWARD+>>

<<+Please read this brochure carefully. The public mover and/or warehouseman you have engaged is required by law to provide this brochure to you.+>>

For your protection, please obtain the complete and correct name, business address, license number and telephone number of the mover and/or warehouseman who is to transport and/or store your shipment. If you are moving from one location to another within the State of New Jersey, the mover you engage must be licensed by the State of New Jersey. To confirm that the mover you engage is licensed, please call 1 (973) 504-6442 or 1 (973) 504-6512.<<++>>

<<+ESTIMATES+>>

<<+The mover is required to physically survey your goods prior to calculating an estimate. After physically surveying your goods, a mover is required by law to provide to you a written estimate of the costs of a move at least 24 hours prior to conducting a move. The only exception to this is when the mover is performing a "short-notice move." Please ask the mover to include all charges he will make on the estimate. The mover may offer you either a "binding estimate" or a "non-binding estimate." The estimate form you receive should clearly indicate whether the estimate is binding or non-binding.+>>

<<+A non-binding estimate is not a contract and will not bind you to using that mover. The mover will ask you to sign a non-binding estimate. You should sign and date it for your own protection. The costs assigned in a non-binding estimate are based upon the tariff rates that the mover has filed with the Office of Consumer Protection. Remember that the mover cannot determine exactly what your move will cost until the move is complete (if the charge is based on an hourly rate) or until the shipment is weighed (if the charge is based on weight). The estimate may increase, for example, if you decide to move additional items, failed to pack the goods you said you would pack, or if moving your goods into your new home is time-consuming because you failed to tell the mover you were moving to the third floor of a building or that he could not park his truck immediately outside.+>>

<<+A binding estimate is a contract which contains a calculation of the cost of a move and requires the mover to perform the move for the price shown on the binding estimate form. A binding estimate must describe the goods to be moved and the accessorial services to be performed. A mover who uses a binding estimate may charge you more than his tariff rates. The benefit of using a binding estimate for you is that you will know exactly what your move will cost, because the mover cannot charge you any more than his binding estimate unless you ask for additional services on the day of the move.+>>

<<+When a mover is performing a short-notice move, he is still required by law to physically survey your goods and provide a written estimate. The mover is not, however, required to provide this estimate 24 hours prior to the move. A mover performing a short-notice move may provide an estimate on the day of the move. A short-notice move may only be performed if you have been evicted and you need to move your property within 24 hours of the eviction, your residence or office has been damaged by fire and you need to move your property within 24 hours of the fire, you contracted with another mover and he didn't arrive or the total cost to you for the move does not exceed $500.00. The mover is required to follow all other statutes and regulations regarding moving when providing a short-notice move. A mover performing a short-notice move will offer you either a binding estimate or a non-binding estimate; these estimates are identical to estimates given under normal circumstances, except they do not need to be provided 24 hours prior to the move.+>>

<<+MOVER'S RESPONSIBILITY FOR LOSS AND DAMAGE+>>

<<+Unless you have additional insurance, the mover is, in most cases, only required to reimburse you for any damages to your belongings at the rate of $.60 per pound. For example, if you have a vase valued at $1,000 but it only weighs two pounds, the mover is, in most cases, only required to reimburse you the sum of $1.20. For your own protection, consider discussing with your insurance agent whether you should purchase additional insurance from the mover or confirm that an existing insurance policy would protect your goods in transit or storage. If you decide to purchase insurance through the mover, the mover must issue you a certificate of insurance (sometimes called "an advice of coverage") as proof or purchase which must be fully completed with all the policy's terms.+>>

<<+When purchasing insurance, consider:+>>

<<+1. Whether to insure for actual or replacement value. For example, if you purchased a sofa in 1996 for $500.00, do you want to insure it at actual value ($500.00) or replacement value (probably a higher figure).+>>

<<+2. Whether you want to insure for the total valuation of your shipment. For example, if your total shipment value is $50,000, and you only take out $25,000 in insurance, you will only receive half the value of any damaged item.+>>

<<+LOST OR DAMAGED ARTICLES+>>

<<+Be sure to check your goods as they are delivered. You should note any lost articles or damages on the bill of lading which you will sign on completion of the delivery. If you discover other loss or damage report this to your mover immediately because the mover is not required by law to handle claims made more than 90 days after the move. If you suspect your goods have been stolen, you should report this to the police immediately.+>>

<<+BILL OF LADING+>>

<<+Before your shipment leaves the point of origin, you should obtain from the public mover a bill of lading signed by you and the public mover. Be sure that this shows the public mover's name, address, license number and telephone number at which you can reach the public mover, and an address and telephone number furnished by you to which the public mover can send messages regarding your shipment while it is in his possession, the location from and to which your goods are moving, the date of loading, date of delivery, storage instructions (if any) and the declared or released valuation of the goods. The bill of lading will list all the actual charges you have to pay for services rendered by the mover.+>>

<<+HOURLY MOVES+>>

<<+If the public mover's rates are determined by the hour, the mover will require you to sign for the start and finish time of the actual working hours (subject to the mover's minimum number of hours). You will note and initial on the bill of lading the time your truck arrives at your origin and again note and initial the time the men deliver the last piece into your new residence. To this time you will add the appropriate travel time, if travel time is applicable, and deduct for time spent by the movers for lunch or for time spent for any breakdown of the vehicle, and for any time spent in excess of normal for the truck being "lost" en route to your new residence. Any accessorial charges will be in addition to the hourly charges.+>>

<<+WEIGHT MOVES+>>

<<+If the public mover's transportation charges are determined on the basis of weight of your shipment and miles traveled, the public mover will weigh its empty vehicle prior to the loading of your goods. This weight will be the TARE WEIGHT. After loading your goods, the vehicle will again be weighed and this is the GROSS WEIGHT. The difference between the GROSS WEIGHT and the TARE WEIGHT is the NET WEIGHT. The NET WEIGHT is the weight for which you will pay transportation charges. If your shipment weighs less than 1,000 pounds, the mover may weigh it prior to loading by using a portable scale or use an estimated weight based on cubic feet. Some movers may have minimum weight requirements. The weight tickets obtained by the mover must have a seal on them showing that the truck scale used is approved by the NJ Bureau of Weights and Measures. You are permitted to follow the loaded truck to the weigh station to view your weighing.+>>

<<+PAYMENT AND DELIVERY+>>

<<+The mover usually requires payment in cash, money order or certified check. Check with your mover when he performs the physical survey of your goods as to what form of payment he requires so that you are prepared to pay on the day of the move. Unless you and your mover agreed to a binding estimate, the mover may charge you more than his estimate; you should be prepared to pay more than the estimate.+>>

<<+PREPARING ARTICLES FOR SHIPMENT+>>

<<+Some articles such as stoves, refrigerators, washing machines, computers, copiers, and other electronic devices, may require disconnection and usually special servicing to protect their mechanisms during shipment. Similarly, some items, such as pool tables and grandfather clocks, may need special handling to protect them during shipments. It is your responsibility to have this done. Some public movers, upon request, will arrange to have this service done at your expense. You should arrange to take down all blinds, draperies, window cornices, mirrors, and other items attached to the walls, and to take up carpets which are tacked down. The charge for such service is not included in the transportation charge and may be performed by the public mover only at an extra per-hour charge. The mover should be advised prior to your moving date that these services are needed. Under no circumstances should you pack jewelry, money, valuable papers or items of sentimental value with your other belongings, or pack any matches, flammables, perishables, or other dangerous articles. The mover will not be responsible for these items should they be transported without his knowledge.+>>

<<+PACKING+>>

<<+You may pack your own belongings into boxes, crates, etc. or you may have the mover pack your goods for you. Please remember that the mover is not responsible for damage to any goods you pack yourself. The mover can also refuse to transport goods you have packed yourself if he feels he cannot transport them safely. When the mover performs the physical survey, make sure you ask whether the charge for packing and unpacking are included in the price. If you decide to pack your goods yourself, remember that the mover will charge you more than the estimate if you fail to pack all your goods in time and the mover has to do this for you.+>>

<<+TARIFFS+>>

<<+Every mover must file a document containing his rates charges and rules called a "tariff" with the State. Tariffs are open to public inspection and you may examine them at the mover's office or the Office of Consumer Protection, by appointment, during normal business hours. The mover may only require you to pay his charges as listed in the tariff with 2 exceptions: (1) he may always charge you less than his tariff; and (2) he may charge more than his tariff if you have agreed in advance to a binding estimate. No mover may impose a charge unless it is listed in his tariff. Such charges may include packing and unpacking, providing boxes and packing materials, specific charges for large or heavy items such as pianos or snowmobiles.+>>

<<+Public Movers and Warehousemen are regulated by the Office of Consumer Protection, 124 Halsey Street, PO Box 5028, Newark, NJ 07101. If you have a question concerning the mover or warehouseman, or wish to lodge a complaint, please call 1 (973) 504-6442 or 1 (973) 504-6512. You may also visit the Office of Consumer Protection's website at www.state.nj.us/lps/ca/ocp.htm.+>>

<<+GLOSSARY OF MOVING TERMINOLOGY+>>

<<+"Bill of lading" means a receipt given to a consumer by the public mover for all of the cargo picked up from the consumer by the public mover and moved to another point.+>>

<<+"Binding estimate" means a contract which contains a calculation of the cost of a move made after the mover has made a physical survey which clearly describes the goods to be moved and the accessorial services to be performed and which binds the mover to the charges shown on the binding estimate form.+>>

<<+"Non-binding estimate" means an approximation made by the public mover and/or warehouseman of the cost of the shipment and/or storage made after a physical survey.+>>

<<+"Order for Service" means the contract which the consumer receives from a public mover and/or warehouseman at least 24 hours prior to the move with a non-binding estimate.+>>

<<+"Short-notice move" means performing a move on the same day that a consumer requests services from a public mover and/or warehouseman.+>>

<<+"Tariff" means a schedule of the rates, charges, classification ratings, terms and conditions of the public mover and/or warehouseman.+>>

<<+"Warehouse receipt" means a receipt given to a consumer by a warehouseman for all of the consumer's goods stored in the warehouseman's facility.+>>

<< NJ ADC 13:44D App. B >>

APPENDIX B

TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE

TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE

<< NJ ADC 13:44D App. C >>

APPENDIX C

TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE

TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE

<< NJ ADC 13:44D App. D >>

APPENDIX D

TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE

<< NJ ADC 13:44D App. G >>

APPENDIX G

TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE



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Posted May 5, 2003