39-31 Common Household Goods Carriers
Download pdf
Loading PDF...
<![CDATA[CHAPTER 39-31COMMON HOUSEHOLD GOODS CARRIERS39-31-01.Common household goods carrier defined.In this chapter, unless thecontext otherwise requires, "common household goods carrier" means any person that holds<br>oneself out to the public as willing to undertake for hire to transport by motor vehicle from place<br>to place the household goods of others who may choose to employ that person.39-31-02. Application of chapter to intrastate commerce. This chapter applies topersons and motor vehicles engaged in intrastate commerce only to the extent permitted by the<br>constitution and laws of the United States and this state.39-31-03. Carriers must operate in accordance with law and rules. It is unlawful forany common household goods carrier to transport persons or property for hire unless:1.The carrier has obtained the certificate or permit required by this chapter; and2.The carrier complies with this chapter and any applicable rules adopted by the<br>department.39-31-04.Regulation of common household goods carriers by the department.The department may regulate common motor carriers of household goods except for<br>transportation provided wholly within a city in this state or within a distance beyond the corporate<br>limits of a city as determined by the department and:1.May require the filing of tariffs and schedules; and2.Shall supervise the relations between common household goods carriers and the<br>public to comply with the provisions of this chapter.39-31-05. Household goods carriers - Transportation of commodities. A carrier mayspecify, by tariff publication, the quantity or quantities of commodities the carrier is obliged to<br>transport.39-31-06. Household goods carrier - Certificate of public convenience - Temporarypermit - Application.No common household goods carrier may operate within this statewithout having obtained from the department a certificate of public convenience and necessity.<br>An application must be upon the form prescribed by the department.The application mustcontain a financial statement.39-31-07. Notice of opportunity for comment on application. Upon the filing of anapplication for a certificate of public convenience and necessity or permit, the department shall<br>mail notice of opportunity for comment to the North Dakota motor carriers association and may<br>send notice to appropriate news media.39-31-08. Factors to be considered by department in granting certificate. Beforegranting a certificate to a common household goods carrier, the department shall take into<br>consideration the fitness and ability of the applicant to provide service and any other information<br>the department determines appropriate.39-31-09.Testimony - Issuance of certificate of permit - Conditions.A partyopposing an application may offer written testimony if that party filed a protest within twenty days<br>of receipt of the notice. The protest must state the objection. Based upon the evidence, the<br>department may grant or deny, in whole or in part, the certificate or permit requested.39-31-10. Reasonable rates to be made by household goods carriers. All chargesby a common household goods carrier must be reasonable and may not be unlawfully<br>discriminatory. A carrier shall operate at the rate set in its tariff and may not refund in anyPage No. 1manner.The use of a tariff bureau to promulgate and file a proposed tariff creates nopresumption that the carrier using the bureau is violating the Constitution of North Dakota. Rate<br>reductions may be filed with the department effective on one or more day's notice.Thedepartment has the right to suspend rate reductions within thirty days of filing.39-31-11. Certificates - Permits - Duration - Transfer. Certificates and permits issuedto carriers by the department under this chapter remain in force subject to this chapter. Those<br>certificates or permits are transferable only upon approval by the department, after notice to and<br>opportunity for comment by all interested parties.39-31-12. Fees - Household goods carrier. Every household goods carrier operating inthis state, when applying for a certificate of public convenience and necessity or permit, shall pay<br>a fee of one hundred dollars. The nonrefundable fee for an application for transfer of a certificate<br>of public convenience and necessity is one hundred dollars.39-31-13. Regulations furnished to holder of certificate or permit. The departmentshall mail each holder of a certificate or permit under this chapter the rules the department<br>adopts to implement this chapter.39-31-14. Insurance required of carrier - Liability of insurer. The department, beforegranting a certificate to any common motor carrier, shall require the owner or operator to procure<br>public liability insurance. The conditions of the liability insurance must guarantee the payment of<br>any loss or damage to property or on account of the death or injury to any person resulting from<br>the negligence of the carrier. The carrier shall file the insurance policy with the department and<br>the policy must be kept in full force. Upon failure of a carrier to maintain insurance required by<br>this section, the department shall cancel the certificate. A certificate of any company authorized<br>to write liability or property damage insurance in the state, in a form approved by the department<br>and certifying that there is in effect a liability insurance policy required by this section, may be<br>filed instead of the policy.39-31-15. Deposit of fees. The department shall deposit monthly all fees collectedunder this chapter in the highway fund in the state treasury.39-31-16. Enforcement of chapter. Any law enforcement officer may make an arrestfor any violation of this chapter, and the state's attorney of the county in which the offense was<br>committed shall prosecute the offender. The highway patrol shall enforce this chapter in any part<br>of the state. Upon written request of the department or the highway patrol, the attorney general<br>shall prosecute or assist in the prosecution of any person alleged to have violated this chapter or<br>any rule adopted to implement this chapter.39-31-17. Penalty. Any person who willfully violates this chapter, or any order or ruleissued or adopted under this chapter, is guilty of an infraction.Page No. 2Document Outlinechapter 39-31 common household goods carriers]]>