Saf-C 4600 Carriage House

CHAPTER Saf-C 4600 CARRIAGE OF HOUSEHOLD GOODS BY MOTOR VEHICLES

Statutory Authority: RSA 21-P:14,II(w); RSA 375-A:5, IV and V; RSA 375-A:12, II; RSA 375-A:13, II; and RSA 375-A:14, II

REVISION NOTE:

Document #13828, effective 12-22-23, readopted with amendment Chapter Saf-C 4600. Amendments included the deletion of some existing rules and insertion of new rules, and the renumbering of various existing rules in Saf-C 4600 as noted in the source notes. Document #13828 replaces all prior filings affecting the former rules in Chapter Saf-C 4600.

Document #13828 deleted the following rules in the Parts indicated:

PART Saf-C 4601 DEFINITIONS

Saf-C 4601.05 defining “Fit”.

Saf-C 4601.08 defining “Tariff”.

PART Saf-C 4603 TARIFFS, retitled “ESTIMATES AND BILLING”

Saf-C 4603.01 titled “Filing and Form”.

Saf-C 4603.03 titled “Rates Based on Mileage or Point to Point Basis”.

Saf-C 4603.04 titled “Bids and Estimates”.

PART Saf-C 4605 PUBLIC CONVENIENCE, NECESSITY AND INTEREST

Saf-C 4605.01 titled “Public Convenience and Necessity”

Saf-C 4605.02 titled “Public Interest”

Document #13828 inserted the following new rules:

Saf-C 4601.05 defining “Commissioner”.

Saf-C 4603.01 titled “Written Estimate of Costs”.

Saf-C 4605.02 titled “Application for Transfer Form”

Saf-C 4605.03 titled “Annual Report Form”

PART Saf-C 4606 HOUSEHOLD GOODS CARRIER VEHICLE REGISTRATION

Saf-C 4606.01 titled “Annual Household Goods Carrier Registration”

The prior filings affecting the deleted Saf-C 4601.05, Saf-C 4601.08, Saf-C 4603.01, Saf-C 4603.03, Saf-C 4603.04, Saf-C 4605.01, and Saf-C 4605.02 included the following documents:

#5852, effective 6-23-94

#7240, effective 6-23-00, EXPIRED: 6-23-08

#9379, eff 1-30-09

#12358, eff 8-2-17

PART Saf-C 4601 DEFINITIONS

Saf-C 4601.01 "Able" in the context of "willing and able" means the applicant possesses financial resources, equipment whether leased or owned, personnel, and a lawful place of business, that support the authority for which application is made.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09; ss by #12358, eff 8-2-17; ss by #13828, eff 12-22-23 (see Revision Note at chapter heading for Saf-C 4600)

Saf-C 4601.02 "Bureau" means the New Hampshire department of safety, division of administration, bureau of road toll.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09; ss by #12358, eff 8-2-17; ss by #13828, eff 12-22-23 (see Revision Note at chapter heading for Saf-C 4600)

Saf-C 4601.03 "Certificate" means "certificate" as described in RSA 359-T:2.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09; ss by #12358, eff 8-2-17; ss by #13828, eff 12-22-23 (see Revision Note at chapter heading for Saf-C 4600)

Saf-C 4601.04 "Commissioner" shall mean the commissioner of the department of safety as defined in RSA 359-T:1, IV or the commissioner’s designee.

Source. #13828, eff 12-22-23 (see Revision Note at chapter heading for Saf-C 4600)

Saf-C 4601.05 "Compensation" means a return in money, property, or anything of value for services rendered in transporting household goods by motor vehicle over public highways, whether paid, received, or realized directly or indirectly, and specifically includes any profit in money, goods, or things realized on the delivered price of household goods.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09; ss by #12358, eff 8-2-17; ss by #13828, eff 12-22-23 (formerly Saf-C 4601.04) (see Revision Note at chapter heading for Saf-C 4600)

Saf-C 4601.06 "Household goods carrier" means "household goods carrier" as defined in RSA 359-T:1, II and III.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09 (from Saf-C 4601.06); ss by #12358, eff 8-2-17; ss by #13828, eff 12-22-23 (see Revision Note at chapter heading for Saf-C 4600)

Saf-C 4601.07 "Permit" means "permit" as described in RSA 359-T:4.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09 (from Saf-C 4601.08); ss by #12358, eff 8-2-17; ss by #13828, eff 12-22-23 (see Revision Note at chapter heading for Saf-C 4600)

Saf-C 4601.08 "Willing" in the context of "willing and able" means an applicant intends to comply with the applicable statutes, rules, and federal regulations, for the duration of the certificate or permit.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09 (formerly Saf-C 4601.10); ss by #12358, eff 8-2-17; ss by #13828, eff 12-22-23 (formerly Saf-C 4601.09) (see Revision Note at chapter heading for Saf-C 4600)

PART Saf-C 4602 REQUIREMENTS FOR CERTIFICATE OR PERMIT HOLDERS

Saf-C 4602.01 Use of Trade Names. Household goods carriers governed by these rules shall not conduct business under any trade name until a copy of the certificate of registration of trade name by the secretary of state pursuant to the provisions of RSA 349 has been filed with the bureau.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09; ss by #12358, eff 8-2-17; ss by #13828, eff 12-22-23 (see Revision Note at chapter heading for Saf-C 4600)

Saf-C 4602.02 Certificate of Insurance.

(a) Pursuant to RSA 359-T:8, a prerequisite to operation by household goods carriers shall be the filing of insurance issued by an insurance company licensed to do business in New Hampshire, indicating a cargo insurance policy or indemnity bond is in force.

(b) The insurance policy or indemnity bond required in (a) above shall have an amount of coverage not less than $.60 per pound of registered load carrying capacity of any vehicle used in the applicant's business.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09; ss by #12358, eff 8-2-17; ss by #13828, eff 12-22-23 (see Revision Note at chapter heading for Saf-C 4600)

Saf-C 4602.03 Change of Address. Household goods carriers governed by these rules shall notify the bureau in writing of any change of address within 10 days of such change.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09; ss by #12358, eff 8-2-17; ss by #13828, eff 12-22-23 (see Revision Note at chapter heading for Saf-C 4600)

Saf-C 4602.04 Leasing Equipment.

(a) Any household goods carrier who holds a certificate or permit issued by the bureau may lease equipment by executing a written lease agreement for a specified period of no less than one year, signed by the parties involved.

(b) All leased equipment shall have placards with the name of the lessee as provided in Saf-C 4602.05(a).

(1) Describe the type of vehicle, its registration number, and the company vehicle number assigned;

(2) Provide for the exclusive possession, control, and use of the equipment and provide for the complete assumption of responsibility for the goods by the lessee for the duration of the lease;

(3) Provide that the drivers of leased equipment shall not be employees under the control of the lessor, except to the extent necessary to deliver or pick up a leased vehicle;

(4) Specify the date the lease begins and ends;

(5) Not permit a lessee to operate under the lessor's certificate(s) or permit(s);

(6) Be carried in the vehicle at all times; and

(7) Be produced on demand for inspection by any law enforcement officer or an authorized representative of the bureau.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09; ss by #12358, eff 8-2-17; ss by #13828, eff 12-22-23 (see Revision Note at chapter heading for Saf-C 4600)

Saf-C 4602.05 Name of Carrier.

(a) Any vehicle registered with the bureau as a household goods carrier shall display in a conspicuous place on both sides of each vehicle the name of the carrier that appears on the certificate or permit.

(b) The identifying letters on the vehicle shall be large enough to be legible at a distance of 50 feet.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09; ss by #12358, eff 8-2-17; ss by #13828, eff 12-22-23 (see Revision Note at chapter heading for Saf-C 4600)

Saf-C 4602.06 Transfer of Certificates or Permits.

(a) A carrier wishing to transfer its certificate or permit shall notify the bureau in writing of the proposed transaction and the name of the prospective transferee.

(b) Within 30 days of receipt of the written notice, as specified in (a) above, the bureau shall request a transfer application Form DSAD 5-HT, “Transfer of Household Goods Carrier Operations”, (rev. 12/23), from the prospective transferee in order to evaluate the proposed transfer.

(1) Whether the transferee is willing and able; and

(2) Whether the transferee has complied with relevant statutes and these rules.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09; ss by #12358, eff 8-2-17

Saf-C 4602.07 Access to Records. Pursuant to RSA 359-T:13, III, all records, accounts and documents shall be accessible for inspection by the bureau or any authorized representative of the bureau, during business hours.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09; ss by #12358, eff 8-2-17; ss by #13828, eff 12-22-23 (see Revision Note at chapter heading for Saf-C 4600)

PART Saf-C 4603 ESTIMATES AND BILLING

Saf-C 4603.01 Written Estimate of Costs.

(a) Upon the request of any shipper, a household goods carrier shall provide a written estimate of costs in advance of performing any service for the shipper.

(b) A written estimate of costs shall contain the following:

(1) For shipments transported at hourly rates:

a. The name and address of the carrier to perform the services;

b. The name and title of the person preparing the estimate;

c. The origin and destination of the proposed transport and the mileage between such points;

d. The rate to be applied;

e. An itemized statement of all accessorial services to be performed and the applicable charges; and

f. An estimate of the total of all charges;

(2) For shipments transported on weight and mileage rates:

a. The information required (1)a.- f. above;

b. A list of the articles upon which the estimate is based and the applicable estimated cubic footage for each article listed; and

c. The estimated total weight of the shipment, based upon a conversion formula of no less than 7 pounds per cubic foot; and

(3) A statement that the carrier shall not charge the customer any amount which exceeds the written estimate by 10 percent without the customer’s written consent.

Source. #13828, eff 12-22-23 (see Revision Note at chapter heading for Saf-C 4600)

Saf-C 4603.02 Rates.

(a) Rates shall be stated in dollars and cents, whether calculated per pound, per mile, per package, or per hour.

(b) Rates and commodity descriptions shall be clear so the applicable rate is easily determined.

(c) Whenever conflicting provisions exist relative to the application of rates, the provision or rate that results in a lower total charge shall be assessed.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09; ss by #12358, eff 8-2-17; ss by #13828, eff 12-22-23 (see Revision Note at chapter heading for Sf-C 4600)

Saf-C 4603.03 Bills.

(a) Bills submitted for services rendered shall contain the following:

(1) The name and address of the carrier;

(2) The name and address of the shipper;

(3) The date or dates the service was performed;

(4) The points between which the service was rendered; and

(5) Each item for which a rate is applied, as well as the corresponding rate applied.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09; ss by #12358, eff 8-2-17; ss by #13828, eff 12-22-23 (formerly Saf-C 4603.05) (see Revision Note at chapter heading for Saf-C 4600)

PART Saf-C 4604 COMPLAINTS AND HEARINGS

Saf-C 4604.01 Complaints.

(a) Pursuant to RSA 359-T:15, complaints regarding carriers of household goods shall be filed with the bureau in writing.

(b) The complainant shall state:

(1) The nature of the complaint; and

(2) All information available to support the complaint.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09; ss by #12358, eff 8-2-17; ss by #13828, eff 12-22-23 (see Revision Note at chapter heading for Saf-C 4600)

Saf-C 4604.02 Conduct of Hearings. All hearings shall be conducted pursuant to Saf-C 200.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09; ss by #12358, eff 8-2-17

Saf-C 4604.03 Revocation. After notice, hearing and a finding of failure to comply with RSA 359-T or these rules, a certificate or permit shall be revoked.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09; ss by #12358, eff 8-2-17; ss by #13828, eff 12-22-23 (see Revision Note at chapter heading for Saf-C 4600)

Saf-C 4604.04 Voluntary Suspensions.

(a) A carrier may request, in writing, to the bureau, that its certificate or permit be suspended.

(b) The written request shall contain:

(1) The reason for the request;

(2) The effective date of the suspension; and

(3) The duration of the suspension.

(d) No later than 30 days after the end of the suspension period, the carrier shall request the bureau, in writing, to either reinstate or revoke the authority.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09; ss by #12358, eff 8-2-17; ss by #13828, eff 12-22-23 (see Revision Note at chapter heading for Saf-C 4600)

PART Saf-C 4605 FORMS

Saf-C 4605.01 Application Form.

(a) Each applicant for a permit or certificate pursuant to RSA 359-T shall complete and submit form DSAD 5-H, “New Household Goods Carrier Operations”, (rev. 12/23), along with the application fee required by RSA 359-T:5, III and RSA 359-T:18, I(a).

(b) The applicant shall attach a copy of the certificate of registration filed with the secretary of state pursuant to the provisions of RSA 349:1.

(d) The applicant shall sign the application form under the penalty of unsworn falsification pursuant to RSA 641:3 and by doing so shall certify that the applicant is authorized to file the application and the exhibits attached thereto, that all of the application and exhibits are true and correct to the best of the applicant’s knowledge and belief, and that the applicant shall comply with all rules prescribed by the bureau of road toll operations and the state’s motor carrier safety rules.

Source. #5852, eff 6-23-94; ss by #7240, eff 6-23-00, EXPIRED: 6-23-08

New. #9379, eff 1-30-09; ss by #12358, eff 8-2-17’ ss by #13828, eff 12-22-23 (formerly Saf-C 4601.01) (see Revision Note at chapter heading for Saf-C 4600)

Saf-C 4605.02 Application for Transfer Form.

(a) Each applicant for a transfer of permit or certificate pursuant to RSA 359-T shall complete and submit form DSAD 5-HT, “Transfer of Household Goods Carrier Operations”, (rev. 12/23), along with the application fee required by RSA 359-T:18, I(a).

(b) The applicant shall attach a copy of the certificate of registration filed with the secretary of state pursuant to the provisions of RSA 349:1.

Source. #13828, eff 12-23-23 (see Revision Note at chapter heading for Saf-C 4600)

Saf-C 4605.03 Annual Report Form.

(a) Each Household Goods Carrier with an active permit or certificate pursuant to RSA 359-T shall complete and submit form DSAD 5-HAR, “Household Goods Carrier Annual Report”, (rev. 12/23), annually by July first.

(b) The applicant shall attach a copy of the certificate of registration filed with the secretary of state pursuant to the provisions of RSA 349:1.

(d) The applicant shall sign the application form under the penalty of unsworn falsification pursuant to RSA 641:3

Source. #13828, eff 12-23-23 (see Revision Note at chapter heading for Saf-C 4600)

PART Saf-C 4606 HOUSEHOLD GOODS CARRIER VEHICLE REGISTRATION

Saf-C 4606.01 Annual Household Goods Carrier Registration. Each household goods carrier with an active permit or certificate pursuant to RSA 359-T shall register with the division of motor vehicles each vehicle used in the performance of service as a household goods carrier vehicle annually, pursuant to RSA 359-T:17, RSA 359-T:18, I(b), and Saf-C 505.

Source. #13828, eff 12-22-23 (see Revision Note at chapter heading for Saf-C 4600)

APPENDIX

Rule	Specific State Statute the Rule Implements
Saf-C 4601.01	RSA 21-P:14, II(w); RSA 359-T:3; RSA 359-T:4; RSA 359-T:5, IV and V; RSA 359-T:13, II; RSA 359-T:14, II; RSA 541-A:7
Saf-C 4601.02	RSA 541-A:7
Saf-C 4601.03	RSA 359-T:2
Saf-C 4601.04	RSA 21-P:6, IX; RSA 541-A:7
Saf-C 4601.05	RSA 541-A:7
Saf-C 4601.06	RSA 359-T:1, II, III
Saf-C 4601.07	RSA 359-T:4
Saf-C 4601.08	RSA 359-T:3; RSA 359-T:4; RSA 541-A:7
Saf-C 4602.01	RSA 359-T:2
Saf-C 4602.02	RSA 359-T:8
Saf-C 4602.03 – Saf-C 4602.05	RSA 359-T:4
Saf-C 4602.06	RSA 359-T:4; RSA 359-T:7
Saf-C 4602.07	RSA 359-T:13, III
Saf-C 4603.01 – Saf-C 4603.03	RSA 359-T:9; RSA 359-T:11
Saf-C 4604.01 – Saf-C 4604.04	RSA 359-T:6; RSA 359-T:15
Saf-C 4605.01 – Saf-C 4605.03	RSA 359-T:5; RSA 359-T:4; RSA 359-T:7; RSA 359-T:8; RSA 359-T:13, I(a)
Saf-C 4606.01	RSA 359-T:17