5131-5143
PUBLIC UTILITIES CODE
SECTION 5131-5143
5131. No household goods carrier shall engage in such business for
compensation by motor vehicle over any public highway in this State,
except in accordance with the provisions of this chapter which is
enacted under the power of the State to regulate the use of public
highways.
5132. Each household goods carrier shall display on each vehicle
operated by it an identification symbol in the form and in accordance
with rules and regulations which the commission may prescribe. The
identifying symbols displayed by carriers subject to the Interstate
Commerce Commission Order Ex Parte No. MC-41, Identification of Motor
Carrier Vehicles, November 17, 1954, effective January 3, 1955,
shall serve in lieu of the display requirements of this section, if
the identifying symbols have been recorded by the household goods
carrier with the commission.
For motor vehicles first registered in this state on or after
January 1, 1985, the identifying symbol shall be displayed on both
the left and right doors of the cab of the vehicle.
5133. (a) No household goods carrier shall engage, or attempt to
engage, in the business of the transportation of used household goods
and personal effects, by motor vehicle over any public highway in
this state, including advertising, soliciting, offering, or entering
into an agreement regarding the transportation of used household
goods and personal effects, unless both of the following are
satisfied:
(1) For transportation of household goods and personal effects
entirely within this state, there is in force a permit issued by the
commission authorizing those operations.
(2) For transportation of household goods and personal effects
from this state to another state or from another state to this state,
there is in force a valid operating authority issued by the Federal
Motor Carrier Safety Administration.
(b) A household goods carrier that engages, or attempts to engage,
in the business of the transportation of used household goods and
personal effects in violation of subdivision (a) may not enforce any
security interest or bring or maintain any action in law or equity to
recover any money or property or obtain any other relief from any
consignor, consignee, or owner of household goods or personal effects
in connection with an agreement to transport, or the transportation
of, household goods and personal effects or any related services. A
person who utilizes the services of a household goods carrier
operating in violation of subdivision (a) may bring an action in any
court of competent jurisdiction in this state to recover all
compensation paid to that household goods carrier.
(c) The operation of a motor vehicle used in the business of
transporting household goods and personal effects by a household
goods carrier that does not possess a valid permit or operating
authority, as required by subdivision (a), constitutes a public
nuisance. Any peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, may remove
any motor vehicle located within the territorial limits in which the
officer may act, when the vehicle is found upon a highway and is
being used in a manner constituting a public nuisance. At the request
of the commission, the Attorney General, district attorney, city
attorney, or county counsel, the law enforcement agency may impound
the vehicle for a period not to exceed 72 hours to enable the
requesting agency to abate the public nuisance, to obtain an order
from the superior court of the county in which the vehicle has been
impounded to prevent the use of the motor vehicle in violation of
law, and to obtain any other remedy available under law as permitted
by Section 5316.
(d) Any person having possession or control of used household
goods or personal effects, who knows, or through the exercise of
reasonable care should know, that a household goods carrier
transported those household goods or personal effects in violation of
subdivision (a), shall release the household goods and personal
effects to the consignor or consignee, as defined in Section 5142,
upon the request of the consignor or consignee. If that person fails
to release the household goods and personal effects, any peace
officer, as defined in subdivision (c), may take custody of the
household goods and personal effects and release them to the
consignor or consignee.
5134. Application for a permit shall be in writing, verified under
oath, and shall be in a form, contain information, and be accompanied
by proof of service upon those interested parties, as required by
the commission. The commission shall require the applicant to attest
in the application to facts demonstrating that the applicant is not
barred by law or court order from acting as a household goods
carrier.
5135. (a) Before a permit is hereafter issued the commission shall
require the applicant to establish ability and reasonable financial
responsibility to initiate the proposed operations. The commission
shall require the applicant to establish his or her knowledge and
ability to engage in business as a household goods carrier by
examination. The examination may be written or oral, or in the form
of a demonstration of skill or any combination of these, and any
investigation of character, experience, and any tests of technical
knowledge and manual skill that the commission determines to be
appropriate may be employed. In any examination the qualification of
the applicant shall be determined by an appraisal made by a member of
the commission's staff. An applicant who has been determined to be
unqualified may thereafter establish his or her qualifications
through a subsequent examination, but no subsequent examination shall
be taken prior to 30 days from the date when the applicant was found
to be unqualified. If the staff member determines that the applicant
is not qualified, then the matter shall be set for hearing and the
qualification of the applicant shall be determined by the commission
on the basis of evidence of qualifications presented at the hearing,
which evidence may include consideration of any written examination
of the applicant. If the staff member determines that the applicant
is qualified, the commission may issue a permit without hearing,
unless the commission determines that a hearing is desirable, in
which event the commission may set the application for hearing.
(b) An applicant may qualify in one of the following ways:
(1) If an individual, he or she may qualify by personal
examination or by examination of his or her responsible managing
employee.
(2) If a copartnership or corporation, or any other type of
business organization, it may qualify by examination of the
responsible managing officer, employee who works at least 32 hours
per week, or partner of the applicant firm.
(c) If the individual qualified by examination ceases to be
connected with the permitholder, the permitholder shall notify the
commission in writing within 30 days after the cessation. If notice
is given the permit shall remain in force a reasonable length of time
in order that another representative of applicant may be qualified
before the commission. If the permitholder fails to notify the
commission of the cessation within a 30-day period, at the end of
that period the permit shall be automatically suspended.
(d) The commission shall require each applicant for a permit to
submit fingerprints for each owner, partner, officer, and director as
a prerequisite to the issuance of a permit to operate as a household
goods carrier. The commission shall submit completed fingerprint
cards to the Department of Justice. Those fingerprints shall be
available for use by the Department of Justice and the Department of
Justice may transmit the fingerprints to the Federal Bureau of
Investigation for a national criminal history record check. The
commission may use any information obtained from the national
criminal history record check conducted pursuant to this section to
determine the applicant's qualification for permit.
(e) The commission may require, as a precondition to the issuance
of a permit, the procurement of a performance bond sufficient to
facilitate the collection of fines, penalties, and restitution
related to enforcement actions that can be taken against the
applicant.
(f) The commission may refuse to issue a permit if it is shown
that an applicant or an officer, director, partner, or associate
thereof has committed any act constituting dishonesty or fraud;
committed any act which, committed by a permitholder would be grounds
for a suspension or revocation of the permit; misrepresented any
material fact on the application; or, committed a felony, or crime
involving moral turpitude.
(g) The commission shall issue a permit only to those applicants
who it finds have demonstrated that they possess sufficient
knowledge, ability, integrity, and financial resources and
responsibility to perform the service within the scope of their
application.
(h) A permit may not be issued unless it has been shown that
applicant meets one of the following residence requirements: If an
individual, applicant shall have resided in the State of California
for not less than 90 days next preceding the filing of the
application. If a partnership, the partner having the largest
percentage interest in the partnership shall have resided in the
State of California continuously for not less than 90 days next
preceding the filing of the application. If a corporation, applicant
shall be a domestic corporation or shall have qualified to transact
business in the State of California as a foreign corporation at the
time of filing the application.
(i) The commission shall prescribe, amend, and repeal rules in
accordance with law for the administration of this section.
5135.5. (a) Beginning July 1, 1990, and continuing thereafter,
every household goods carrier shall file with the commission one of
the following:
(1) A certificate of workers' compensation coverage for its
employees issued by an admitted insurer.
(2) A certification of consent to self-insure issued by the
Director of Industrial Relations, and the identity of the
administrator of the carrier's workers' compensation self-insurance
plan.
(3) A statement under penalty of perjury, stating that, in its
operations as a household goods carrier, it does not employ any
person in any manner so as to become subject to the workers'
compensation laws of this state.
(b) The workers' compensation certified to under paragraph (1) of
subdivision (a) shall be effective until canceled. Cancellation shall
require 30 days' advance notice.
(c) If, after filing the statement described in paragraph (3) of
subdivision (a), the carrier becomes subject to the workers'
compensation laws of this state, the carrier shall promptly notify
the commission that the carrier is withdrawing its statement under
paragraph (3) of subdivision (a), and shall simultaneously file the
certificate described in either paragraph (1) or (2) of subdivision
(a).
5135.6. The commission shall not issue or authorize the transfer of
any permit under this chapter to any person or corporation against
whom a final judgment has been entered and whose name has been
transmitted to the commission pursuant to Section 3716.4 of the Labor
Code, unless that judgment has been satisfied or has been discharged
in accordance with the bankruptcy laws of the United States.
5136. Each application for issuance of a permit under this chapter
shall be accompanied by a fee of five hundred dollars ($500).
The filing fee for an application for transfer of a permit is one
hundred fifty dollars ($150), except that for the transfer of each
permit subsequent to the death of a permittee, and after court
approval of the distribution of the estate or when it is not
necessary to probate the will or distribute the estate through court,
the fee is twenty-five dollars ($25).
All fees paid to the commission under this chapter shall be
deposited in the Transportation Rate Fund.
5137. (a) A household goods carrier, under its permit, may also
transport used office, store, and institution furniture and fixtures.
The commission shall not regulate the service, routes, or prices
charged for the transportation of used office, store, and institution
furniture and fixtures by a household goods carrier. The commission
shall do nothing under this section that is in conflict with federal
law as contained in Section 14501 of Title 49 of the United States
Code.
(b) If a household goods carrier elects to transport used office,
store, and institution furniture and fixtures under its household
goods carrier permit all of the following apply:
(1) A permit is not needed from the Department of Motor Vehicles
under the Motor Carriers of Property Permit Act in the Vehicle Code
to conduct that transportation.
(2) The transportation is subject to the commission's safety and
insurance requirements, except that the cargo insurance requirements
of subdivision (c) of Section 5161 shall not apply.
(3) The household goods carrier shall pay the fee specified in
subdivision (b) of Section 5003.2.
(c) To exercise the election pursuant to this section, a household
goods carrier shall notify the commission of the election or the
revocation of that election by filing a notice with the commission in
the manner and on the form prescribed by the commission. If a
household goods carrier does not elect to be subject to the
provisions of this section or revokes a prior election to do so, the
household goods carrier shall comply with the provisions of the Motor
Carriers of Property Permit Act when transporting used office,
store, and institution furniture and fixtures.
5138. The commission shall establish rules and regulations
governing the notification of shippers of any delay in the delivery
of goods beyond the date agreed to by the carrier and the shipper, if
any, at the time the service was undertaken. All household goods
carriers shall observe such rules and regulations and the failure so
to do is unlawful.
5139. The commission may establish rules for the performance of any
service of the character furnished or supplied by household goods
carriers. Every household goods carrier shall observe such rules.
Failure to do so is unlawful.
5140. It is unlawful for the owner of a household goods carrier
motor vehicle employing or otherwise directing the driver of the
vehicle to permit the operation of the vehicle upon any public
highway for compensation without first having obtained from the
commission a permit pursuant to this chapter or without first having
complied with the vehicle identification requirements of Section 5132
or with the accident liability protection requirements of Section
5161.
5142. (a) Except as provided in Section 5133, a household goods
carrier in compliance with this chapter has a lien on used household
goods and personal effects to secure payment of the amount specified
in subdivision (b) for transportation and additional services ordered
by the consignor. No lien attaches to food, medicine, or medical
devices, items used to treat or assist an individual with a
disability, or items used for the care of a minor child.
(b) (1) The amount secured by the lien is the maximum total dollar
amount for the transportation of the household goods and personal
effects and any additional services (including any bona fide change
order permitted under the commission's tariffs) that is set forth
clearly and conspicuously in writing adjacent to the space reserved
for the signature of the consignor and that is agreed to by the
consignor before any goods or personal effects are moved from their
location or any additional services are performed.
(2) The dollar amount for the transportation of household goods
and personal effects and additional services may not be preprinted on
any form, shall be just and reasonable, and shall be established in
good faith by the household goods carrier based on the specific
circumstances of the services to be performed.
(c) Upon tender to the household goods carrier of the amount
specified in subdivision (b), the lien is extinguished, and the
household goods carrier shall release all household goods and
personal effects to the consignee.
(d) A household goods carrier may enforce the lien on household
goods and personal effects provided in this section except as to any
goods that the carrier voluntarily delivers or unjustifiably refuses
to deliver. The lien shall be enforced in the manner provided in this
section and Chapter 6 (commencing with Section 9601) of Division 9
of the Commercial Code for the enforcement of a security interest in
consumer goods in a consumer transaction. To the extent of any
conflict between this section and that Chapter 6, this section shall
prevail. Every act required in connection with enforcing the lien
shall be performed in good faith and in a commercially reasonable
manner.
(e) The household goods carrier shall provide a notification of
disposition at least 30 days prior to any disposition to each
consignor and consignee by personal delivery, or in the alternative,
by first-class and certified mail, postage prepaid and return receipt
requested, at the address last known by the carrier and at the
destination address, and by electronic mail if an electronic mail
address is known to the carrier. If any of the required recipients of
notice are married to each other, and according to the carrier's
records, reside at the same address, one notice addressed to both
shall be sufficient. Within 14 days after a disposition, the carrier
shall provide to the consignors any surplus funds from the
disposition and an accounting, without charge, of the proceeds of the
disposition.
(f) Any person having possession or control of household goods or
personal effects, who knows, or through the exercise of reasonable
care should know, that the household goods carrier has been tendered
the amount specified in subdivision (b), shall release the household
goods and personal effects to the consignor or consignee, upon the
request of the consignor or consignee. If the person fails to release
the household goods and personal effects to the consignor or
consignee, any peace officer, as defined in subdivision (c) of
Section 5133, may take custody of the household goods and personal
effects and release them to the consignor or consignee.
(g) Nothing in this section affects any rights, if any, of a
household goods carrier to claim additional amounts, on an unsecured
basis, or of a consignor or consignee to make or contest any claim,
and tender of payment of the amount specified in subdivision (b) is
not a waiver of claims by the consignor or consignee.
(h) Any person injured by a violation of this section may bring an
action for the recovery of the greater of one thousand dollars
($1,000) or actual damages, injunctive or other equitable relief,
reasonable attorney's fees and costs, and exemplary damages of not
less than three times the amount of actual damages for a willful
violation.
(i) Any waiver of this section shall be void and unenforceable.
(j) Notwithstanding any other law, this section exclusively
establishes and provides for a household goods carrier's lien on used
household goods and personal effects to secure payment for
transportation and additional services ordered by the consignor.
(k) For purposes of this section, the following terms have the
following meaning:
(1) "Consignor" means the person named in the bill of lading as
the person from whom the household goods and personal effects have
been received for shipment and that person's agent.
(2) "Consignee" means the person named in the bill of lading to
whom or to whose order the household goods carrier is required to
make delivery as provided in the bill of lading and that person's
agent.
5143. (a) For purposes of this section, the following terms have
the following meaning:
(1) "Consignor" means the person named in the bill of lading as
the person from whom the household goods and personal effects have
been received for shipment and that person's agent.
(2) "Consignee" means the person named in the bill of lading to
whom or to whose order the household goods carrier is required to
make delivery as provided in the bill of lading and that person's
agent.
(b) Any household goods carrier engaged in the business of
transportation of used household goods and personal effects by motor
vehicle over any public highway in this state shall provide each
consignor with a completed copy of the notice set forth in this
section. The notice shall be printed in at least 12-point type,
except the title and first two paragraphs which shall be printed in
boldface type, and provided to each consignor at least three days
prior to the date scheduled for the transportation of household goods
or personal effects. If the consignor requests services on a date
that is less than three days before the scheduled date for
transportation of the household goods or personal effects, the
carrier shall provide the notice as soon as practicable, but in no
event may the carrier commence any services until the consignor has
signed and received a signed copy of the notice. The carrier shall
obtain sufficient information from the consignor to fill out the form
and shall include the correct maximum amount and a sufficient
description of services that will be performed. The carrier shall
retain a copy of the notice, signed by the cosignor, for at least
three years from the date the notice was signed by the cosignor.
(c) Any waiver of the requirements of this section is void and
unenforceable.
(d) The "Not To Exceed" amount set forth in the notice and the
agreement between the household goods carrier and the consignor shall
be the maximum total dollar amount for which the consignor may be
liable for the transportation of household goods and personal effects
and any additional services ordered by the consignor (including any
bona fide change order permitted under the commission's rules and
tariffs) and agreed to by the consignor before any goods or personal
effects are moved from their location or any other services are
performed.
(e) A household goods carrier may provide the notice set forth in
this section either as a separate document or by including it as the
centerfold of the informational booklet that the household goods
carrier is required to provide the consignor under the commission's
tariffs. If the household goods carrier provides the notice as part
of the informational booklet, the booklet shall contain a tab that
extends beyond the edge of the booklet at the place where the notice
is included. The statement "Important Notice" shall be printed on the
tab in at least 12-point boldface type. In addition, the statement
"Customer Must Read And Sign The Important Notice In The Middle Of
This Booklet Before A Move Can Begin" shall be set forth in 14-point
boldface type on the front cover of the booklet.
(f) The notice provided the consignor shall be in the following
form:
"IMPORTANT NOTICE ABOUT YOUR MOVE
"IT IS VERY IMPORTANT THAT YOU ONLY AGREE TO A "NOT TO EXCEED"
AMOUNT THAT YOU THINK IS A PROPER AND REASONABLE FEE FOR THE SERVICES
YOU ARE REQUESTING. THE "NOT TO EXCEED" AMOUNT THIS MOVER IS
REQUESTING IS $______________________ to perform the following
services:
_____________________________________________________________________
______________________________________________________________________
_
______________________________________________________________________
_.
"IF YOU DO NOT AGREE TO THE "NOT TO EXCEED" AMOUNT LISTED OR THE
DESCRIPTION OF SERVICES, YOU HAVE THE RIGHT TO REFUSE THE MOVER'S
SERVICE AT NO CHARGE TO YOU.
"If you request additional or different services at the time of the
move, you may be asked to complete a Change Order which will set
forth your agreement to pay for additional fees for those newly
requested services. If you agree to the additional charges on that
Change Order, those charges may be added to the "NOT TO EXCEED"
amount set forth above. If you do not agree to the amounts listed in
the Change Order, you should not sign it and may refuse the mover's
services.
"A mover cannot refuse to release your goods once you have paid the
"NOT TO EXCEED" amount for the transportation of your goods and
personal effects and any additional services that you have agreed to
in writing. The "NOT TO EXCEED" amount must be reasonable.
"A mover cannot, under any circumstances, withhold food, medicine,
medical devices, items to treat or assist a disabled person, or items
used for care of a minor child. An unlicensed mover has no right to
withhold your goods for any reason including claims that you have not
adequately paid for services rendered.
"For additional information or to confirm whether a mover is licensed
by the California Public Utilities Commission, please call the
Public Utilities Commission toll free at:
________________________________.
insert toll-free number
"I have completed this form and provided the consumer (shipper)
with a copy of this notice.
"Signed _________________________________
Dated_______________________
"I have been provided with a copy of this form.
Signed __________________________________ Dated ___________________"