HF 1049

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to motor carriers; requiring registration and 
  1.3             converting existing permits of household goods movers; 
  1.4             exempting household goods movers from requirements to 
  1.5             file tariffs; establishing safety standards for 
  1.6             movers; providing for schedules of rates and charges 
  1.7             by movers; requiring shipping documents and 
  1.8             authorizing binding and nonbinding estimates by 
  1.9             movers; requiring provision of identifying information 
  1.10            on movers; providing for complaint resolution 
  1.11            procedures by movers; eliminating service area 
  1.12            restrictions on movers; amending Minnesota Statutes 
  1.13            1996, sections 221.011, subdivision 23, and by adding 
  1.14            a subdivision; and 221.036, subdivisions 1 and 3; 
  1.15            proposing coding for new law in Minnesota Statutes, 
  1.16            chapter 221; repealing Minnesota Statutes 1996, 
  1.17            sections 221.121, subdivision 6a; and 221.171, 
  1.18            subdivision 2. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
  1.20     Section 1.  Minnesota Statutes 1996, section 221.011, 
  1.21  subdivision 23, is amended to read: 
  1.22     Subd. 23.  [HOUSEHOLD GOODS.] "Household goods" means 
  1.23  personal effects and property used or to be used by the owner in 
  1.24  the owner's a dwelling;, furniture, fixtures, equipment and 
  1.25  property of business places and institutions, public or private, 
  1.26  when a part of the stock, equipment, supplies or property of 
  1.27  such establishments. when a part of the equipment or supply of 
  1.28  the dwelling.  Household goods includes similar property if the 
  1.29  transportation of the effects or property is: 
  1.30     (1) arranged and paid for by the householder, including 
  1.31  transportation of property from a factory or store when the 
  1.32  property is purchased by the householder with intent to use it 
  2.1   in the householder's dwelling; or 
  2.2      (2) arranged and paid for by another person, excluding 
  2.3   transportation of property from a factory or store when the 
  2.4   property is purchased by the householder with intent to use it 
  2.5   in the householder's dwelling. 
  2.6      Sec. 2.  Minnesota Statutes 1996, section 221.011, is 
  2.7   amended by adding a subdivision to read: 
  2.8      Subd. 48.  [HOUSEHOLD GOODS MOVER.] "Household goods mover" 
  2.9   means a person who engages in the for-hire transportation of 
  2.10  household goods. 
  2.11     Sec. 3.  [221.0214] [HOUSEHOLD GOODS MOVER REGISTRATION; 
  2.12  SAFETY; SUSPENSION; EXEMPTIONS.] 
  2.13     Subdivision 1.  [REGISTRATION REQUIRED.] No person may 
  2.14  transport household goods for hire without a valid registration 
  2.15  receipt issued under this section, indicating that the person 
  2.16  has registered to provide household goods transportation. 
  2.17     Subd. 2.  [REGISTRATION STATEMENT.] A person who wishes to 
  2.18  engage in the intrastate transportation of household goods in 
  2.19  Minnesota shall file a registration statement with the 
  2.20  commissioner.  A registration statement must be on a form 
  2.21  provided by the commissioner. 
  2.22     Subd. 3.  [REGISTRATION RECEIPT ISSUANCE; DURATION.] The 
  2.23  commissioner shall issue a registration receipt to a household 
  2.24  goods mover who has filed a registration statement and who 
  2.25  complies with the financial responsibility requirements in 
  2.26  section 221.141 unless the household goods mover has an 
  2.27  unsatisfactory safety rating.  A photocopy of the registration 
  2.28  receipt must be carried in each vehicle operated under the 
  2.29  registration and must be made available to the department and 
  2.30  other law enforcement officials upon request.  A registration is 
  2.31  not assignable or transferable and is valid until it is 
  2.32  suspended, revoked, or canceled. 
  2.33     Subd. 4.  [SAFETY REGULATION.] A household goods mover who 
  2.34  has been issued a registration receipt is subject to the federal 
  2.35  regulations incorporated by reference in section 221.0314. 
  2.36     Subd. 5.  [SUSPENSION FOR UNSATISFACTORY SAFETY 
  3.1   RATING.] Within 30 days of receiving a written request from the 
  3.2   carrier, following the procedures in section 221.185, the 
  3.3   commissioner shall immediately suspend the registration of a 
  3.4   household goods mover who receives an unsatisfactory safety 
  3.5   rating.  The commissioner shall conduct one follow-up compliance 
  3.6   audit to determine if the household goods mover's safety rating 
  3.7   should be changed or the suspension should be rescinded.  
  3.8   Additional compliance reviews may be conducted at the 
  3.9   commissioner's discretion. 
  3.10     Subd. 6.  [ANNUAL RENEWAL.] A household goods mover shall 
  3.11  renew its registration between July 1 and August 1 of each year 
  3.12  on a form prescribed by the commissioner.  The commissioner 
  3.13  shall develop and implement an expedited renewal process to 
  3.14  minimize the burden on carriers. 
  3.15     Subd. 7.  [EXEMPTIONS.] Notwithstanding any provision in 
  3.16  this chapter to the contrary, sections 221.021; 221.031, 
  3.17  subdivision 1, paragraph (d); 221.111; 221.121; 221.122; 
  3.18  221.131; 221.132; 221.151; 221.161; and 221.171, do not apply to 
  3.19  a household goods mover who has been issued a registration 
  3.20  receipt. 
  3.21     Sec. 4.  Minnesota Statutes 1996, section 221.036, 
  3.22  subdivision 1, is amended to read: 
  3.23     Subdivision 1.  [ORDERS.] The commissioner may issue an 
  3.24  order requiring violations to be corrected and administratively 
  3.25  assessing monetary penalties for a violation of (1) section 
  3.26  221.021; (2) section 221.0214; (3) section 221.026; (4) section 
  3.27  221.033, subdivision 2b; (3) (5) section 221.041, subdivision 
  3.28  3; (4) (6) section 221.081; (5) (7) section 221.151; (6) (8) 
  3.29  section 221.171; (7) (9) section 221.141; (8) (10) section 
  3.30  221.035, a material term or condition of a license issued under 
  3.31  that section; or rules of the board or commissioner relating to 
  3.32  the transportation of hazardous waste, motor carrier operations, 
  3.33  insurance, or tariffs and accounting.  An order must be issued 
  3.34  as provided in this section. 
  3.35     Sec. 5.  Minnesota Statutes 1996, section 221.036, 
  3.36  subdivision 3, is amended to read: 
  4.1      Subd. 3.  [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The 
  4.2   commissioner may issue an order assessing a penalty of up to 
  4.3   $5,000 for all violations of section 221.021; 221.0214; 221.026; 
  4.4   221.041, subdivision 3; 221.081; 221.141; 221.151; or 221.171, 
  4.5   or rules of the board or commissioner relating to motor carrier 
  4.6   operations, insurance, or tariffs and accounting, identified 
  4.7   during a single inspection, audit, or investigation. 
  4.8      (b) The commissioner may issue an order assessing a penalty 
  4.9   up to a maximum of $10,000 for all violations of section 
  4.10  221.033, subdivision 2b, or 221.035, and rules adopted under 
  4.11  those sections, identified during a single inspection or audit. 
  4.12     (c) In determining the amount of a penalty, the 
  4.13  commissioner shall consider: 
  4.14     (1) the willfulness of the violation; 
  4.15     (2) the gravity of the violation, including damage to 
  4.16  humans, animals, air, water, land, or other natural resources of 
  4.17  the state; 
  4.18     (3) the history of past violations, including the 
  4.19  similarity of the most recent violation and the violation to be 
  4.20  penalized, the time elapsed since the last violation, the number 
  4.21  of previous violations, and the response of the person to the 
  4.22  most recent violation identified; 
  4.23     (4) the economic benefit gained by the person by allowing 
  4.24  or committing the violation; and 
  4.25     (5) other factors as justice may require, if the 
  4.26  commissioner specifically identifies the additional factors in 
  4.27  the commissioner's order. 
  4.28     Sec. 6.  [221.162] [HOUSEHOLD GOODS MOVERS; RATES AND 
  4.29  CHARGES.] 
  4.30     A household goods mover shall maintain a schedule of its 
  4.31  rates and charges for transporting household goods and providing 
  4.32  related services for which a charge is assessed.  Related 
  4.33  services may include conducting an inventory, giving a binding 
  4.34  price or an estimate, and delivering, storing, handling, 
  4.35  packing, unpacking, loading, and unloading household goods.  The 
  4.36  schedule must set out the mover's rates, charges, rules, and 
  5.1   other provisions used to determine the total charges for 
  5.2   transporting household goods, including related services, 
  5.3   clearly and concisely in plain language.  A mover's schedule of 
  5.4   rates and charges must be made available to prospective shippers 
  5.5   and to the department upon request.  A shipper may agree to pay 
  5.6   a rate or charge different from those in a household goods 
  5.7   mover's schedule. 
  5.8      Sec. 7.  [221.173] [HOUSEHOLD GOODS MOVERS; SHIPPING 
  5.9   DOCUMENTS.] 
  5.10     Subdivision 1.  [BILL OF LADING ISSUED.] A household goods 
  5.11  mover shall issue a bill of lading for each shipment of 
  5.12  household goods it transports.  A copy of the bill of lading, 
  5.13  signed by the shipper, must be given to the shipper or the 
  5.14  shipper's representative before the household goods mover begins 
  5.15  loading the shipment. 
  5.16     Subd. 2.  [INFORMATION REQUIRED.] A bill of lading for 
  5.17  transporting household goods must include: 
  5.18     (1) the number that the mover uses to identify the bill of 
  5.19  lading; 
  5.20     (2) the name and address of the household goods mover; 
  5.21     (3) the date the shipment was tendered and received for 
  5.22  transportation by the household goods mover; 
  5.23     (4) the street addresses of origin and destination; 
  5.24     (5) the names and addresses of any other household goods 
  5.25  mover, when known, that will participate in transporting the 
  5.26  shipment; 
  5.27     (6) the name, address, and telephone number of the office 
  5.28  of the household goods mover that should be contacted in 
  5.29  relation to transporting the shipment; 
  5.30     (7) the names and addresses of the shipper, consignee, and 
  5.31  agent, if any; 
  5.32     (8) the agreed date or period of time for pickup of the 
  5.33  shipment and the agreed date or period of time for the delivery 
  5.34  of the shipment; 
  5.35     (9) the actual date of pickup; 
  5.36     (10) the terms and conditions for payment of the total 
  6.1   charges including notice of any minimum charges; and 
  6.2      (11) a released rates valuation statement.  
  6.3      Subd. 3.  [COPY TO ACCOMPANY SHIPMENT.] A copy of the bill 
  6.4   of lading for a shipment must accompany the shipment at all 
  6.5   times while it is in the possession of a household goods mover.  
  6.6   When a shipment is loaded on a vehicle for transportation, the 
  6.7   bill of lading must be in the possession of the driver 
  6.8   responsible for the shipment. 
  6.9      Subd. 4.  [FREIGHT BILLS.] A freight bill containing 
  6.10  applicable rates and charges for transportation and related 
  6.11  services must be given to a shipper for the collection of the 
  6.12  charges.  A freight bill must contain all of the information 
  6.13  shown on the bill of lading and, in addition, the rate assessed 
  6.14  and total charges to be collected, including charges for extra 
  6.15  labor or related or accessorial services, if any.  A freight 
  6.16  bill that contains hourly charges for detention, extra labor, or 
  6.17  other related or accessorial charges, must show the date and 
  6.18  time of the beginning and ending of the services upon which the 
  6.19  charges are based and other information necessary for a complete 
  6.20  explanation of the charges.  This information may be shown on a 
  6.21  document other than the freight bill if a copy of the document 
  6.22  is attached to the freight bill. 
  6.23     Subd. 5.  [COMBINING DOCUMENTS.] A household goods mover 
  6.24  may elect to use a combination shipping document if it includes 
  6.25  all of the information required in subdivisions 2 and 4. 
  6.26     Sec. 8.  [221.176] [HOUSEHOLD GOODS MOVERS; BINDING PRICES; 
  6.27  NONBINDING ESTIMATES.] 
  6.28     Subdivision 1.  [BINDING PRICE.] A household goods mover 
  6.29  may provide in its schedule of rates and charges for preparing 
  6.30  and giving a binding price of the costs that a shipper will be 
  6.31  required to pay for services.  If a household goods mover agrees 
  6.32  to prepare and furnish a binding price to a shipper: 
  6.33     (1) the shipper must be notified of the costs, if any, 
  6.34  associated with preparing and giving the binding price in 
  6.35  advance; 
  6.36     (2) the binding price must be given to the shipper or other 
  7.1   person responsible for payment of the freight charges in 
  7.2   writing; 
  7.3      (3) the document containing the binding price must clearly 
  7.4   describe the shipment and all services to be provided under the 
  7.5   binding price; 
  7.6      (4) all charges to be assessed for services provided under 
  7.7   a binding price must be identified clearly in the document 
  7.8   containing the binding price; and 
  7.9      (5) the document containing the binding price must 
  7.10  conspicuously state that it is binding and that the prices for 
  7.11  the listed services are guaranteed. 
  7.12     Subd. 2.  [NONBINDING ESTIMATES.] (a) A household goods 
  7.13  mover may provide an estimate of the approximate costs that will 
  7.14  be assessed for transporting household goods and providing 
  7.15  related services to a shipper.  Before providing an estimate, a 
  7.16  household goods mover shall notify a shipper of the costs, if 
  7.17  any, associated with providing the estimate in writing.  An 
  7.18  estimate is not binding on the household goods mover who 
  7.19  provides the estimate.  A nonbinding estimate must: 
  7.20     (1) be reasonably accurate and must clearly describe the 
  7.21  shipment and the services to be provided; and 
  7.22     (2) have a clear statement on the face of the estimate 
  7.23  stating that the estimate is not binding on the mover and that 
  7.24  the charges shown are the approximate charges that will be 
  7.25  assessed for the services identified in the estimate. 
  7.26     (b) If the total charges for articles and services listed 
  7.27  in the nonbinding estimate exceed the estimated amount by more 
  7.28  than ten percent or $200, whichever is greater, the household 
  7.29  goods mover shall relinquish possession of a shipment to the 
  7.30  shipper or other person responsible for the payment of the 
  7.31  freight charges upon payment of the estimated amount plus ten 
  7.32  percent or $200, whichever is greater, and payment for any 
  7.33  services performed but not shown on the estimate. 
  7.34     Sec. 9.  [221.177] [HOUSEHOLD GOODS MOVERS; INFORMATION TO 
  7.35  SHIPPERS; COMPLAINTS.] 
  7.36     Subdivision 1.  [ADVERTISING.] A household goods mover 
  8.1   shall include the following information on all advertisements 
  8.2   published in the state: 
  8.3      (1) the name or trade name of the household goods mover as 
  8.4   shown on the mover's registration receipt; 
  8.5      (2) the household goods mover's place of business, street 
  8.6   address, and state; and 
  8.7      (3) the household goods mover's registration receipt number 
  8.8   assigned by the department. 
  8.9      Subd. 2.  [COMPLAINT RESOLUTION PROCEDURES.] Before 
  8.10  transporting household goods for a shipper, a household goods 
  8.11  mover shall give the shipper a description of any processes or 
  8.12  procedures the household goods mover has established for 
  8.13  responding to complaints and inquiries and resolving disputes 
  8.14  with shippers over charges, damages, and services.  The 
  8.15  description must be in plain language and easy to read.  At a 
  8.16  minimum, it must include an explanation of: 
  8.17     (1) the provisions in section 221.251 regarding refunds for 
  8.18  overcharges and claims for loss and damage; 
  8.19     (2) the provisions of applicable Minnesota rules relating 
  8.20  to the period of time for filing claims and when suits may be 
  8.21  instituted; 
  8.22     (3) how shippers may communicate with the appropriate 
  8.23  office of the household goods mover by telephone regarding 
  8.24  claims or disputes; and 
  8.25     (4) information necessary for processing claims. 
  8.26     Sec. 10.  [221.178] [HOUSEHOLD GOODS MOVERS; COMPLAINT 
  8.27  RECORDS.] 
  8.28     A household goods mover shall maintain records of written 
  8.29  complaints made against it for a period of three years following 
  8.30  the complaint.  The records must include the name of the 
  8.31  complaining party; the date of the complaint; the nature of the 
  8.32  complaint; any mediation, arbitration, or litigation proceedings 
  8.33  related to the complaint; a description of the resolution of the 
  8.34  complaint; and proof of satisfaction of any judgment entered 
  8.35  against the household goods mover.  These records must be made 
  8.36  available to the department for audit upon request of the 
  9.1   department. 
  9.2      Sec. 11.  [CONVERSION OF HOUSEHOLD GOODS MOVER PERMITS.] 
  9.3      A household goods mover with a valid permit issued by the 
  9.4   transportation regulation board or the commissioner before the 
  9.5   effective date of this section is deemed to have registered 
  9.6   under Minnesota Statutes, section 221.0214, and the commissioner 
  9.7   of transportation shall issue a registration receipt to the 
  9.8   carrier. 
  9.9      Sec. 12.  [REPEALER.] 
  9.10     Minnesota Statutes 1996, sections 221.121, subdivision 6a; 
  9.11  and 221.171, subdivision 2, are repealed.