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RULE PROPOSAL
VOLUME 43, ISSUE 14
ISSUE DATE: JULY 18, 2011
Law and Public Safety
DIVISION OF CONSUMER AFFAIRS
OFFICE OF THE DIRECTOR
PUBLIC MOVERS AND WAREHOUSEMEN

 

Proposed Amendments: N.J.A.C. 13:44D-2.1, 3.1, 4.1, 4.2, 4.3, 4.4, 4.5, 4.5A, 4.8, 4.14, 4.15 and 13:44D Appendix A
Proposed Repeals: N.J.A.C. 13:44D-5 and 13:44D Appendices B through H
Proposed New Rule: N.J.A.C. 13:44D-4.1

License to Engage in the Business of Public Moving and/or Storage; Tariffs; Forms; Moving Contract: Non-Binding Estimate; Moving Contract: Binding Estimate; Warehousemen Entering into a Contract to Provide Services; Combination of Order for Service and Estimate Forms; Legal Liability; Insurance; Use of an Owner-Operator; Claims Procedures; Short-Notice Move or Warehousing
 
Authorized By: Thomas Calcagni, Acting Director, Division of Consumer Affairs.
Authority: N.J.S.A. 45:14D-6.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2011-155.
 
Submit written comments by September 16, 2011 to:
   Thomas Calcagni, Acting Director
   Division of Consumer Affairs
   Post Office Box 45027
   Newark, New Jersey 07101
 
The agency proposal follows:
 
Summary
N.J.A.C. 13:44D-4.1, 4.2 and 4.3 require licensed public movers and/or warehousemen to use forms for estimates, orders for service, bills of lading and warehouse receipts that substantially comply with sample [page=1580] forms found in N.J.A.C. 13:44D Appendices B through G. Representatives of the New Jersey Warehousemen & Movers Association (Association) requested that the Division of Consumer Affairs (Division) amend these rules to remove requirements that licensed public movers and/or warehousemen use the prescribed forms. The Association contended that requiring all licensed movers and/or warehousemen to use the same forms was burdensome. The Association contended that many licensed public movers and/or warehousemen do not offer all of the services included on these forms and requiring a licensed public mover and/or warehouseman's forms to include services that the licensee does not offer can be confusing for consumers and makes licensed public movers and/or warehousemen appear unprofessional. Prescribed forms in the rules also prohibit licensed public movers and/or warehousemen from using computerized forms. The Association requested that the Division amend the rules to set forth the information that must be on forms, but not to require that specific forms be used by all licensed public movers and/or warehousemen. The Division has determined that it is appropriate to amend the rules as the Association requested and proposes to amend N.J.A.C. 13:44D to delete provisions that require licensed public movers and/or warehousemen to use specific forms. The amended rules set forth information that must be included in the forms that licensed public movers and/or warehousemen use when providing services to consumers.
N.J.A.C. 13:44D-4.1 is a proposed new rule that provides that licensed public movers and/or warehousemen cannot alter the information set forth in N.J.A.C. 13:44D Appendix A, which is an informational brochure that licensed public movers and/or warehousemen are required to provide to consumers. Licensed public movers and/or warehousemen may add a business name or logo to this brochure. The rule allows licensed public movers and/or warehousemen to use any form that complies with the requirements of N.J.A.C. 13:44D-4.2, 4.3 or 4.4. Forms need not include information on services that a licensed public mover and/or warehouseman does not offer to the public and licensed public movers and/or warehousemen may continue to use forms that complied with previous form requirements for six months from the effective date of the new rule.
Generally, the proposed amendments and new rule detail the information about moving and other services to be performed, the rates charged and the total cost of the move that must be provided on whatever form is used. Recodified N.J.A.C. 13:44D-4.2 is proposed for amendment to set forth the information that must be on the non-binding estimated cost of services for moving or warehousing, order for service and bill of lading forms.
Recodified N.J.A.C. 13:44D-4.3 is proposed for amendment to set forth standards for furnishing a binding estimate to a consumer. The amendments set forth the information that has to be on the binding estimated cost of services and order for service forms. Proposed amendments to the rule require licensed public movers and/or warehousemen to provide consumers with a bill of lading that complies with the requirements of N.J.A.C. 13:44D-4.2(d).
Recodified N.J.A.C. 13:44D-4.4 is proposed for amendment to require licensed public movers and/or warehousemen to provide consumers a non-binding estimated cost of services for warehousing form and an order for service form that contain the warehousing information required under N.J.A.C. 13:44D-4.2. The proposed amendments also set forth the information that has to be in a warehouse receipt.
Recodified N.J.A.C. 13:44D-4.5 is proposed for amendment to remove references to deleted chapter appendices and include citations to requirements for order for service and estimate forms from N.J.A.C. 13:44D-4.2 and 4.3.
Proposed amendments to N.J.A.C. 13:44D-2.1 and 3.1 and recodified 13:44D-4.6, 4.16 and 4.17 provide new citations to the recodified rules and clarify language. Recodified N.J.A.C. 13:44D-4.7 is proposed for amendment to provide the correct address for the Division.
P.L. 2009, c. 295 deleted a requirement that a licensed public mover and/or warehouseman provide written notice to a consumer one business day prior to a move if the licensed public mover and/or warehouseman will use an owner-operator to provide moving services for a consumer. The law also deleted a requirement that the written notice include the name, address and telephone number of the owner-operator. The law requires that written notice that the licensed public mover and/or warehouseman may use the services of an owner-operator be given to a consumer in the order for service. This written notice must include the definition of an owner-operator. If a licensed public mover and/or warehouseman uses an owner-operator to provide moving services to a consumer, he or she must provide written notification to a consumer with the bill of lading that identifies the owner-operator and includes contact information for the Division. P.L. 2009, c. 295 also deleted a requirement that an owner-operator maintain property-casualty insurance coverage. Owner-operators are required to maintain workers' compensation coverage. The Division proposes to amend recodified N.J.A.C. 13:44D-4.10 to comply with the changes made by P.L. 2009, c. 295.
The amended rule requires that written notice as to the use of an owner-operator be given to consumers as part of the order for services and that the name of the owner operator and contact information for the Division of Consumer Affairs be provided to a consumer prior to a move. The amendments remove requirements for owner-operators to have insurance that provides coverage for legal, bodily injury, property damage and cargo liabilities. Owner-operators will be required to make provisions to cover payments for injuries to employees. The rule refers to N.J.A.C. 13:44D Appendix H, which sets forth the form for the written notice to consumers that was required prior to the enactment of P.L. 2009, c. 295. As licensed public movers and/or warehousemen are no longer required to provide this notice, the Division proposes to repeal N.J.A.C. 13:44D Appendix H and all references to it.
The Division proposes to repeal N.J.A.C. 13:44D-5, which sets forth standards for forms, and N.J.A.C. 13:44D Appendices B through G. The provisions of the rule have been incorporated into proposed new rule N.J.A.C. 13:44D-4.1. The appendices are not necessary as the Division will no longer set forth the specific forms that licensed public movers and/or warehousemen must use.
The Division proposes to amend N.J.A.C. 13:44D Appendix A to clarify language, to recognize that licensed public movers and/or warehousemen may estimate the weight of a consumer's goods and to recommend that consumers obtain a copy of a police report if they suspect that their goods have been stolen during a move and to remove the "A" codification of "Appendix A" as this is the only remaining appendix for the rule. Amendments are proposed to the section on the bill of lading to indicate that a bill of lading is issued upon the completion of a move and to remove references to contact information for a consumer, storage instructions and shipment valuation, all of which will not be included in a bill of lading pursuant to the proposed amendments to N.J.A.C. 13:44D-4.2. Amendments are proposed to the section on hourly moves to indicate that a bill of lading should be initialed once a mover has finished unloading, reassembling and arranging furniture, which more accurately reflects when a move is completed. The section on preparing articles for shipment is proposed for amendment to provide new examples in the list of electronic items that may require disconnection. The proposed amendments also change the definition of "tariff" to reflect the definition of this term in N.J.A.C. 13:44D-1.1.
The Acting Director has determined that the comment period for this notice of proposal will be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.
 
Social Impact
Permitting a licensed public mover and/or warehouseman to provide consumers forms that are more accurate as to the services the licensed public mover and/or warehouseman offers will benefit consumers by ensuring that they can easily understand the services being provided and the costs for those services. The proposed amendments, new rule and repeals will benefit licensed public movers and/or warehousemen in that they will be able to use forms that more accurately represent the services they provide and which look more professional to consumers. The Division does not believe that the proposed amendments, new rule and repeals will have any other impact on society.
 
Economic Impact
Proposed new N.J.A.C. 13:44D-4.1 allows licensed public movers and/or warehousemen to continue using forms that complied with previous form requirements in the rules for six months from the effective date of the proposed amendments, new rule and repeals. This will save [page=1581] licensed public movers and/or warehousemen money as they often buy many copies of forms and would otherwise be required to dispose of any extra forms at the time the new rules and amendments become effective. Proposed amendments to recodified N.J.A.C. 13:44D-4.10 delete requirements that owner-operators purchase casualty/property insurance. Such insurance can be expensive and removing this requirement will save owner-operators money. The Division does not believe that the proposed amendments, new rule and repeals will have any other economic impact.
 
Federal Standards Statement
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments, new rule and repeals.
 
Jobs Impact
The Acting Director does not believe that the proposed amendments, new rule and repeals will result in an increase or decrease of jobs in this State.
 
Agriculture Industry Impact
The Acting Director does not believe that the proposed amendments, new rule and repeals will have any impact on the agriculture industry of this State.
 
Regulatory Flexibility Analysis
Since licensed public movers and/or warehousemen are individually licensed, under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act. An owner-operator may also be considered a "small business" for purposes of the Act.
The economic impact of the proposed amendments, new rule and repeals is the same for all licensed public movers and/or warehousemen and owner-operators as outlined above in the Economic Impact statement. The Director does not believe that public movers or owner-operators will need to employ any professional services to comply with the requirements of the proposed amendments, new rule and repeals. The proposed amendments, new rule and repeals impose no reporting or recordkeeping requirements, but impose compliance requirements upon public movers and owner-operators, as detailed in the Summary above.
The proposed amendments, new rule and repeals protect the public by ensuring that licensed public movers and/or warehousemen are using forms that accurately represent the services being offered to the public. The proposed amendments, new rule and repeals give all movers more flexibility in the forms they use. As such, no differing compliance requirements are imposed upon any public mover or owner-operator based upon their size.
 
Smart Growth Impact
The Acting Director does not anticipate that the proposed amendments, new rule and repeals will have any impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.
 
Housing Affordability Impact Analysis
The proposed amendments, new rule and repeals will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed amendments, new rule and repeals concern the use of owner-operators and forms used by licensed public movers and/or warehousemen.
 
Smart Growth Development Impact Analysis
The proposed amendments, new rule and repeals will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2 or within designated centers under the State Development and Redevelopment Plan in New Jersey because the proposed amendments, new rule and repeals concern the use of owner-operators and forms used by licensed public movers and/or warehousemen.
 
Full text of the rules proposed for repeal may be found at N.J.A.C. 13:44D-5 and 13:44D Appendices B through H.
 
Full text of the proposed amendments to N.J.A.C. 13:44D-2.1, 3.1, 4.1, 4.2, 4.3, 4.4, 4.5, 4.5A, 4.8, 4.14 and 4.15 follows (additions indicated in boldface thus; deletions indicated in brackets [thus]); in addition, full text of the proposed amendments to N.J.A.C. 13:44D Appendix also follows (additions indicated in italicized boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 2.    GENERAL LICENSE REQUIREMENTS
 
13:44D-2.1   License to engage in the business of public moving and/or storage
 
(a) (No change.)
 
(b) An applicant for licensure as a public mover and/or warehouseman shall submit to the Director:
 
1. (No change.)
 
2. Certificates of insurance evidencing coverage required by N.J.S.A. 34:15-77 and 78, and certificates of insurance evidencing coverage for 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-[4.5A(e)]4.7(e);
 
3.-5. (No change.)
 
(c)-(j) (No change.)
 
SUBCHAPTER 3.    TARIFFS
 
13:44D-3.1   Tariffs
 
(a)-(b) (No change.)
 
(c) Each tariff shall consist of the following minimums:
 
1. A standard title page showing the complete name and address of the company, the type of service for which the tariff is being submitted (that is, public moving and warehousing, public moving only, warehousing only), the issue date and the effective date of the tariff[,] and the officer or publishing agent [using] issuing the tariff;
 
2.-4. (No change.)
 
5. Rate schedule shall include, but not be limited to, the following:
 
i.-ii. (No change.)
 
iii. The rates for each separate and distinct class of service rendered shall be filed as a separate schedule and shall begin on a separate sheet. The schedule of rates for each class of service shall have assigned to it a page or section number to facilitate any reference to the schedule[.];
 
6. The bill of lading regularly used by the public mover and/or warehousemen; and
 
7. (No change.)
 
(d) (No change.)
 
(e) No [licensee] licensed public mover and/or warehouseman 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-[4.2]4.3.
 
(f) (No change.)
 
SUBCHAPTER 4.      GENERAL PROVISIONS
 
13:44D-4.1   Forms
 
(a) The brochure set forth in N.J.A.C. 13:44D Appendix shall not be altered in any way, except that a licensed public mover and/or warehouseman may add information, such as a business name and logo to indicate the identity of the business that provided the brochure to a consumer. If a public mover and/or warehouseman places the name of his or her company on the brochure, the information required by N.J.A.C. 13:44D-2.5(a) must also appear on the brochure.
 
(b) When providing one of the documents required by N.J.A.C. 13:44D-4.2, 4.3 or 4.4, a public mover and/or warehouseman may use any form that contains both the information required by these rules and any format required by these rules. A public mover and/or warehouseman may add any information to a form consistent with the information required by N.J.A.C. 13:44D-4.2, 4.3 or 4.4 that appears on the form.
 
(c) Notwithstanding anything contained in this subchapter, the documents required by N.J.A.C. 13:44D-4.2, 4.3 and 4.4 need not [page=1582] include information about a service that a public mover and/or warehouseman does not offer and which is not included in his or her tariff.
 
(d) Notwithstanding anything contained in this subchapter, a licensed public mover and/or warehouseman may use forms that complied with the requirements of this chapter prior to (the effective date of this section) until (six months from the effective date of this section).
 
13:44D-[4.1]4.2   Moving contract: non-binding estimate
 
(a) Prior to entering into a contract to render services based on a non-binding estimate, every public mover shall issue the following to each consumer at least 24 hours prior to the date of the move:
 
1. A brochure entitled "Important Notice to Consumers [Utilizing] Using Public Movers and Warehousemen," which is found at N.J.A.C. 13:44D 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 text of the brochure in any way. A public mover may place the name of his or her company on the brochure. If a public mover places the name of his or her company on the brochure, the information required by N.J.A.C. 13:44D-2.5(a) must also appear on the brochure]; and
 
2. A fully completed written estimate, entitled "Estimated Cost of Service for Moving or Warehousing - Non-Binding," which meets the requirements of (b) below, [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 in Appendix B. The public mover and/or warehouseman may adopt any form containing the same information outlined in this paragraph and 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. 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.]
 
(b) The written estimate required by (a) above shall include:
 
1. The following statement, in boldface and at least 10 point font size: "Important notice: The charges indicated herein are estimated charges only.";
 
2. The following statement in bold and at least 10 point font size: "The charge for any services listed on this form shall not exceed the rate set forth in the public mover's tariff filed with the Division of Consumer Affairs.";
 
3. A statement as to what forms of payment (cash, money order, certified check, credit card, etc.) the public mover will accept;
 
4. The public mover's license number;
 
5. Date of the physical survey;
 
6. Name, address and telephone number of the public mover;
 
7. Name and phone number of the consumer;
 
8. The address at which the consumer's goods will be loaded and the address to which the consumer's goods will be moved. If a consumer's current address or the address to which the consumer's goods will be moved is other than a single family home, the form shall indicate the floor and whether there is elevator access to that floor;
 
9. Whether the move will entail carrying a consumer's goods for an unusually long distance and any fee for carrying the goods over this distance;
 
10. Date, or dates, of the move;
 
11. If the public mover is charging for the move based on an hourly rate:
 
i. The number of trucks and the per hour cost of each truck;
 
ii. The number of men and the per hour cost of each man;
 
iii. The estimated number of hours to complete the move;
 
iv. The total charge for trucks and men;
 
v. Travel time, in addition to actual time spent moving including any travel time from the public mover's offices to the address at which the consumer's goods will be loaded and from the address to which a consumer's goods are moved to the public mover's office, and any charge for travel time;
 
vi. Any packing and unpacking of containers, as indicated by (b)15 below, to be performed;
 
vii. Any accessorial, special or third-party services to be provided and the charge for those services;
 
viii. If insurance or increased valuation is included, the valuation amount, any deductible amount and the charge; and
 
ix. The estimated total charge for the move;
 
12. If the public mover is charging for the move based on the weight of the consumer's goods:
 
i. The estimated weight of the consumer's goods based upon the inventory of the consumer's items required by (b)17 below;
 
ii. If the public mover is estimating the weight of a shipment based upon the cubic footage of a consumer's goods, the calculation of the weight based upon cubic footage;
 
iii. The estimated miles from the address at which consumer's goods will be loaded to the location to which the consumer's goods will be moved;
 
iv. The rate charged per hundredweight (cwt.);
 
v. Any packing and unpacking of containers, as indicated by (b)15 below, to be performed and the charge for packing and unpacking;
 
vi. Any accessorial, special or third-party services to be provided and the charge for those services;
 
vii. If insurance or increased valuation is included, the valuation amount, any deductible amount and the charge; and
 
viii. The estimated total charge for the move;
 
13. If the public mover is charging for the move based on the cubic footage of the consumer's goods:
 
i. The estimated cubic footage of the consumer's goods based upon the inventory of the consumer's items required by (b)17 below;
 
ii. The estimated miles from the address at which the consumer's goods will be loaded to the location that the consumer's goods will be moved;
 
iii. The transportation rate charged per cubic foot;
 
iv. Any packing and unpacking of containers, as indicated by (b)15 below, to be performed and the charge for packing and unpacking;
 
v. Any accessorial, special or third-party services to be provided and the charge for those services;
 
vi. If insurance or increased valuation is included, the valuation amount, any deductible amount and the charge; and
 
vii. The estimated total charge for the move;
 
14. If the public mover will store the consumer's goods:
 
i. The estimated weight or cubic footage of consumer's goods that will be stored based upon the inventory of the consumer's items required by (b)17 below;
 
ii. The rates for, and method of, storage;
 
iii. The monthly storage cost and for storage for more than 60 days, the monthly sales tax charge;
 
iv. Any fee for warehouse handling-in and warehouse handling-out of consumer's goods;
 
v. A clear and conspicuous indication of any access fees;
 
vi. If insurance or increased valuation is included, the valuation amount, any deductible amount and the charge;
 
vii. Any fees for delivering goods to a final destination, or an indication that there is no fee for such delivery; and
 
viii. The address of the storage facility;
 
15. A description of any containers to be provided by the public mover, including the following, as applicable:
 
i. The cubic footage of the containers to be used and the number of containers of each size;
 
ii. The charge per container;
 
iii. Fees for any materials used for packing, including any taxes; and
 
iv. The estimated total charge for containers and packing/unpacking;
 
16. The type, amount and cost of shipment coverage for loss or damage to consumer's goods, which shall be one of the following:
 
i. Standard valuation of $.60 per pound;
 
ii. Increased valuation; or
 
[page=1583] iii. Insurance purchased by consumer;
 
17. An inventory of each room in the consumer's house and a list with descriptions of the items in each room that will be moved, including a list of any items that must be disassembled and reassembled as part of the move; and
 
18. The signature of the public mover or estimator performing the physical survey.
 
[(b)] (c) 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, entitled "Order for Service with Non-Binding Estimate," 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. A sample order for service form is provided in Appendix D. The public mover may adopt any form containing the same information outlined in this paragraph and in 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.]
 
1. The name, address and telephone number of the public mover;
 
2. The public mover's license number;
 
3. If the public mover intends to use the services of an owner-operator to perform the move, the required notices or addendum pursuant to N.J.A.C. 13:44D-4.10;
 
4. The following information:
 
i. The phrase "Important Notice" in boldface and at least 20 point font size;
 
ii. The following statement, in boldface and at least 14 point font size: "Any estimate of charges previously furnished by the public mover is not a guarantee or representation that the actual charges will not be more than the amount of the estimate. The consumer acknowledges receipt of the brochure entitled 'Important Notice to Consumers Using Public Movers and Warehousemen' as ordered by the Director of the New Jersey Division of Consumer Affairs."; and
 
iii. The consumer's signature and the date;
 
5. The name and phone number of consumer;
 
6. The address at which the consumer's goods are to be loaded and the address to which the consumer's goods will be moved;
 
7. The date or dates of packing and the move;
 
8. The following information, in boldface and at least 10 point font size, with an indication as to which option the consumer has chosen:
 
i. The phrase "Shipment Protection Plans";
 
ii. The statement: "Property is not covered for fire or other peril unless option 2 or 3 below is selected.";
 
iii. The statement: "The public mover offers the following options in the event of loss or damage to your shipment. These options are described in the "Mover's Responsibility for Loss and Damages" section of the brochure entitled "Important Notice to Consumers Using Public Movers and Warehousemen." You must select one of the following options:
 
Option 1: The consumer declines insurance and/or increased valuation. Any damages will be reimbursed at a value of $.60 per pound per article.
 
Option 2: Increased valuation: The agreed or declared value of the property is specifically stated by the consumer and confirmed by his or her signature to be $________________ for: the entire shipment or only the following articles _____________________________.
 
Option 3: The consumer orders insurance of $ _________________ including a deductible of $ _______________________.";
 
9. The signature of the public mover; and
 
10. The signature of the consumer.
 
[(c)] (d) [Once the order for service form has been signed by the mover and the consumer] After a move has been completed, the public mover shall issue [to each consumer] a bill of lading to the consumer, entitled "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.] contain:
 
1. The date or dates of the move;
 
2. The name, address and telephone number of the public mover;
 
3. The license number of the public mover;
 
4. If the public mover used the services of an owner-operator to perform the move:
 
i. The name of the owner-operator; and
 
ii. The following statement in boldface and at least 10 point type: "The public mover is liable to the consumer for any services provided by the owner-operator.";
 
5. The name of the consumer;
 
6. The address where the consumer's goods were loaded onto the public mover's truck and the address to which the consumer's goods were delivered and the address of any additional stops;
 
7. The time the moving vehicle arrived at the place the consumer was moving from and the time when the move was completed;
 
8. If the public mover is charging for the move based on an hourly rate:
 
i. The number of trucks and the per hour cost of each truck;
 
ii. The number of men and the per hour cost of each man;
 
iii. The total number of hours spent loading the consumer's goods onto the truck(s), unloading the consumers goods from the truck(s) and providing packing, disassembly, unpacking or reassembly for the consumer;
 
iv. Travel time, including any travel time from the public mover's offices to the address at which the consumer's goods were loaded and from the address where a consumer's goods were moved to the public mover's office, in addition to actual time spent moving and any charge for travel time;
 
v. If packing is not included as part of the total number of hours under (d)8iii above, any packing and unpacking performed, with each item packed and unpacked set forth in an attached document;
 
vi. Any accessorial, special or third-party services provided and the charge for those services; and
 
vii. The final total charge for the move;
 
9. If the public mover is charging for the move based on the weight of the consumer's goods:
 
i. The weight of the consumer's goods;
 
ii. If the public mover is estimating the weight of a shipment based upon the cubic footage of a consumers goods, the calculation of the weight based upon cubic footage;
 
iii. The mileage from origin to destination;
 
iv. The rate charged per hundredweight (cwt.);
 
v. Any packing and unpacking performed, with each item packed and unpacked set forth in an attached document, and the charge for packing and unpacking;
 
vi. Any accessorial, special or third-party services provided and the charge for those services; and
 
vii. The final total charge for the move;
 
10. If the public mover is charging for the move based on the cubic feet of the consumer's goods:
 
i. The cubic footage of the consumer's goods;
 
ii. The mileage from origin to destination;
 
iii. The rate charged per cubic foot;
 
iv. Any packing and unpacking performed, with each item packed and unpacked set forth in an attached document, and the charge for packing and unpacking;
 
v. Any accessorial or special services provided and the charge for those services; and
 
vi. The final total charge for the move;
 
11. If there are any items moved that are not on the inventory created during the estimate, or if any items included in that inventory were not moved, an addendum to the inventory listing those items, signed by the consumer and the public mover; and
 
[page=1584] 12. The signature of the public mover.
 
[(d)] (e) (No change in text.)
 
13:44D-[4.2]4.3   Moving contract: binding estimate
 
(a) A public mover who is offering a binding estimate shall furnish the binding estimate in writing to the consumer or other person responsible for payment of the charges for the mover's services. A binding estimate shall be furnished only 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 and attached 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)] (b) Prior to [the] contracting to provide services pursuant to a binding estimate, every public mover shall issue to [each] the 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.]
 
1. A brochure entitled "Important Notice to Consumers Using Public Movers and Warehousemen," which is found at N.J.A.C. 13:44D Appendix;
 
2. A binding estimate, entitled "Estimated Cost of Services for Moving Only - Binding," which contains:
 
i. The following statement in boldface and at least 10 point font size: "If, at the time of the move, additional property is to be moved, or additional services are to be provided, or both, that are not provided for in the binding estimate, the mover shall not charge, demand, collect or receive greater compensation for those services than that specified in his filed tariff;" and
 
ii. The information required by N.J.A.C. 13:44D-4.2(b)3 through 18; and
 
3. An order for service, entitled "Order for Service With Binding Estimate," which complies with (c) below.
 
(c) The order for service required by (b)3 above shall contain:
 
1. The name, address and telephone number of the public mover;
 
2. The public mover's license number;
 
3. If the public mover intends to use the services of an owner-operator to perform the move, the required notice or addendum pursuant to N.J.A.C. 13:44D-4.10;
 
4. The following information:
 
i. The phrase "Important Notice" in boldface and 20 point font size;
 
ii. The following statement, in boldface and at least 14 point font size: "The consumer acknowledges receipt of the brochure entitled 'Important notice to Consumers Using Public Movers and Warehousemen,' as ordered by the Director of the New Jersey Division of Consumer Affairs."; and
 
iii. The consumer's signature and the date;
 
5. Name and phone number of the consumer;
 
6. The address at which the consumer's goods are to be loaded and the address to which the consumer's goods will be moved;
 
7. The following information, in boldface and at least 10 point font size, with an indication as to which option the consumer has chosen:
 
i. The phrase "Shipment Protection Plans";
 
ii. The statement: "Property is not covered for fire or other peril unless option 2 or 3 below is selected.";
 
iii. The statement: "The public mover offers the following options in the event of loss or damage to your shipment. These options are described in the "Mover's Responsibility for Loss and Damages" section of the brochure entitled "Important Notice to Consumers Using Public Movers." You must select one of the following options:
 
Option 1: The consumer declines insurance and/or increased valuation. Any damages will be reimbursed at a value of $.60 per pound per article.
 
Option 2: Increased valuation: The agreed or declared value of the property is specifically stated by the consumer and confirmed by his or her signature to be $________________ for: the entire shipment or only the following articles _____________________________.
 
Option 3: The consumer orders insurance of $ _________________ including a deductible of $ _______________________.";
 
8. The signature of the public mover; and
 
9. The signature of the consumer.
 
[(b)] (d) [On the day of the move] After a move has been completed, the public mover shall issue to the consumer a bill of lading, entitled "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.] contain the information required by N.J.A.C. 13:44D-4.2(d).
 
Recodify existing (c) and (d) as (e) and (f) (No change in text.)
 
13:44D-[4.3]4.4   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 text of the brochure in any way. A licensee may place the name of his or her company on the brochure. If a licensee places the name of his or her company on the brochure, the information required by N.J.A.C. 13:44D-2.5(a) must also appear on the brochure;]
 
1. A brochure entitled "Important Notice to Consumers Using Public Movers and Warehousemen" which is found at N.J.A.C. 13:44D Appendix;
 
2. A non-binding final estimated cost of services form, entitled "Estimated Cost of Services for Warehousing - Non-Binding," [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] which contains the information detailed in N.J.A.C. 13:44D-4.2(b) as it applies to warehousemen;
 
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], entitled "Order for Service with Non-Binding Estimate," which contains the information detailed in N.J.A.C. 13:44D-4.2(c) as it applies to warehousemen; 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 [page=1585] 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 mover's form.], entitled "Non-Negotiable Warehouse Receipt and Inventory," which shall contain:
 
i. The name of the warehouseman;
 
ii. The address and telephone number of the warehouseman;
 
iii. The warehouseman's license number;
 
iv. The name and phone number of consumer;
 
v. The method of storage (weight or cubic footage) and the weight or cubic footage of the consumer's goods that will be stored by that method;
 
vi. The rates for storage;
 
vii. The monthly storage cost;
 
viii. Any fees for warehouse handling-in and warehouse handling-out for consumer's goods;
 
ix. Any access fees;
 
x. The address of the storage facility;
 
xi. A list with descriptions of the items that are being stored;
 
xii. The signature of the warehouseman; and
 
xiii. The signature of the consumer.
 
13:44D-[4.4]4.5   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] required by N.J.A.C. 13:44D-4.2(b) and (c), for non-binding estimates or N.J.A.C. 13:44D-4.3(b)2 and 3, for binding estimates. 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.
 
13:44D-[4.5]4.6   Legal liability
 
(a)-(c) (No change.)
 
(d) An 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 occurs:
 
1. The public mover and/or warehouseman fails to present an Order for Service form [which] that contains the information required by N.J.A.C. 13:44D-[4.1(b), 4.2(a) or 4.3(a)]4.2(c), 4.3(b) or 4.4(a) at least 24 hours prior to providing moving and/or storing services;
 
2. The public mover and/or warehouseman fails to provide the consumer with the brochure entitled "Important Notice to Consumers [Utilizing] Using Public Movers," in accordance with N.J.A.C. 13:44D-[4.1(a),]4.2(a), 4.3(b) or [4.3(a)] 4.4(a);
 
3. (No change.)
 
4. The public mover contracts with an owner-operator and does not provide written notice to the consumer as required by N.J.A.C. 13:44D-[4.8(d)]4.10(d).
 
13:44D-[4.5A]4.7   Insurance
 
(a)-(g) (No change.)
 
(h) All required insurance filings shall be made at the Office of Regulated Business, Division of Consumer Affairs, 124 Halsey Street, PO Box [45027] 45028, Newark, New Jersey 07101.
 
(i)-(j) (No change.)
 
Recodify existing 13:44D-4.6 and 4.7 as 13:44D-4.8 and 4.9
 
(No change in text.)
 
13:44D-[4.8]4.10   Use of an owner-operator
 
(a)-(c) (No change.)
 
(d) A contracting public mover shall provide written notice to the consumer if the contracting public mover is using an owner-operator to perform moving services for the consumer on behalf of the public mover. This written notice shall be provided to the consumer [at least one business day prior to the provision of services, except as provided in (e) below. A sample written notice form is provided in Appendix H. The public mover may adopt any form containing the same information outlined in Appendix H; provided that the font size of the type in the public mover's form is the same as in Appendix H, and any words in bold in Appendix H are in bold on the public mover's form.] as part of the order for service issued by the contracting public mover pursuant to N.J.A.C. 13:44D-4.2(b) or 4.3(b)3, or as an addendum to the order for service and shall include:
 
1. The definition of "owner-operator" from N.J.A.C. 13:44D-1.1; and
 
2. A statement indicating that the contracting public mover is liable for any services provided by the owner-operator.
 
[(e) A public mover who is providing a short notice move pursuant to N.J.A.C. 13:44D-4.15 shall not be required to provide the written notice required by (d) above one business day prior to the provision of services. Such a public mover shall provide the written notice required by (d) above prior to the provision of moving services.]
 
(e) A contracting public mover using the services of an owner-operator shall provide to the consumer, prior to the move, the following information on the contracting public mover's letterhead:
 
1. The name of the owner-operator who will be providing services; and
 
2. The telephone number (973-504-6442 or 973-504-6512) and email address (buonannov@dca.lps.state.nj.us and toney-elm@dca.lps.state.nj.us) to contact the Division of Consumer Affairs with questions and complaints regarding the use of an owner-operator.
 
(f) A contracting public mover shall remain responsible under N.J.A.C. 13:44D-[4.1 or] 4.2 or 4.3 and shall not permit an owner-operator to perform a physical survey or issue an estimate or order for service to a consumer.
 
(g) A public mover shall add any owner-operator who provides moving services for the public mover as an additional covered insured under the public mover's insurance policies, which he or she is required to hold pursuant to N.J.S.A. 45:14D-25 and N.J.A.C. 13:44D-[4.5A]4.7.
 
(h) A public mover shall contract only with an owner-operator who presents the public mover with proof that the owner-operator has secured and maintained insurance coverage that covers him or her for [property-casualty and] workers' compensation liabilities pursuant to (i) below.
 
[(i) The minimum amounts of insurance an owner-operator must secure and maintain are:
 
1. Legal liability coverage at the rate of $.60 per pound per article;
 
2. Bodily injury liability, property damage liability:
 
i. Limit for bodily injuries to or death of one person: $ 25,000;
 
ii. Limit for bodily injuries to or death of all persons injured or killed in any one accident: $ 100,000, subject to a maximum of $ 25,000 for bodily injuries or death of one person;
 
iii. Limit for loss or damage in any one accident to property of others (excluding cargo): $ 10,000; and
 
3. Cargo liability:
 
i. For loss or damage to property being transported (cargo liability insurance) on any one vehicle: $ 5,000 per accident;
 
ii. For loss or damage to or aggregate of losses or damages of or to property occurring at any one time and place: $ 10,000.]
 
(i) An owner-operator shall make sufficient provision for the complete payment of any obligation that he or she may incur to an injured employee, or his or her dependents, pursuant to N.J.S.A. 34:15-1 et seq., by obtaining adequate insurance from any stock company or mutual association authorized to transact the business of employer's liability or workers' compensation insurance in this State pursuant to N.J.S.A. 34:15-78.
 
(j) (No change.)
 
Recodify existing 13:44D-4.9 through 4.13 as 13:44D-4.11 through 4.15
 
(No change in text.)
 
13:44D-[4.14]4.16   Claims procedures
 
(a)-(c) (No change.)
 
[page=1586] (d) Where the claim involves the loss, damage or destruction of the entire shipment, the consumer is liable for only the insurance premiums agreed upon in accordance with N.J.A.C. 13:44D-[4.12]4.14.
 
(e) (No change.)
 
13:44D-[4.15]4.17   Short-notice move or warehousing
 
(a) Pursuant to N.J.A.C. 13:44D-[4.1,] 4.2, [and] 4.3 and 4.4, 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) (No change.)
 
(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 and 4.4, 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 and 4.4.
 
(d) (No change.)
 
APPENDIX [A]
 
IMPORTANT NOTICE TO CONSUMERS USING PUBLIC MOVERS AND WAREHOUSEMEN
 
. . .
 
ESTIMATES
 
. . .
 
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] will not exceed 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, or the weight has been estimated by the mover based upon the cubic footage of your goods (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] moving services listed 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 for the moving services described on the binding estimate, because the mover cannot charge you any more than his binding estimate unless you ask for additional services on the day of the move.
 
. . .
 
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 and obtain a copy of the police report.
 
BILL OF LADING
 
[Before your shipment leaves the point of origin] Upon completion of the move, 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] were moved, the date of loading[,] and 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] finish unloading, reassembling and arranging all furniture. 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 either weigh your goods to determine their NET WEIGHT or estimate the weight based upon the cubic footage of your goods. A mover who provides the NET WEIGHT of your goods 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.
 
USE OF AN OWNER-OPERATOR
 
A public mover may arrange for an owner-operator to provide the moving services which the public mover has contracted to provide. The public mover is liable to the consumer for any services provided by the owner-operator. An owner-operator will use a public mover's forms. If the public mover arranges for an owner-operator to provide moving services, the public mover must advise the consumer in writing [at least one business day prior to the day of the move. If the consumer has contracted for a short-notice move, the public mover is not required to provide this written notice one business day prior to the day of a move, but must provide the written notice prior to beginning the move.] as part of an order for service or an addendum to an order for service.
 
A public mover may not use an owner-operator to perform an estimate.
 
. . .
 
PREPARING ARTICLES FOR SHIPMENT
 
Some articles such as stoves, refrigerators, washing machines, dryers, computers, copiers, flat screen televisions 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 [page=1587] not be responsible for these items should they be transported without his knowledge.
 
. . .
 
TARIFFS
 
. . .
 
Public Movers and Warehousemen are regulated by the Office of Consumer Protection, 124 Halsey Street, PO Box [5028] 45028, 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
 
. . .
 
"Tariff" means a schedule of [the] rates[,] and charges[, classification ratings, terms and conditions of the public mover and/or warehouseman] for the storage or transportation of property in intrastate commerce on file with the Director, 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.
 
. . .

   
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