CHAPTER 3.1. Household Movers Act [19225. - 19294.]
Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8.
§§ 19225–19294 · 94 sections
ARTICLE 1. General Provisions and Definitions §§ 19225–19234.1 · 13 sections
- § 19225 This chapter may be cited as the “Household Movers Act.”
- § 19225.5 For purposes of this chapter, unless the context otherwise requires, the following provisions shall apply: (a) “Broker” means a person engaged by others in the…
- § 19225.7 In construing and enforcing the provisions of this chapter relating to citations and discipline, the act, omission, or failure of any officer, agent, or…
- § 19225.9 Every power granted to or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy or assistant…
- § 19226 The regulation of the transportation of used household goods and personal effects in a motor vehicle or motor vehicles over any public highway in this state…
- § 19227 The transportation of used household goods and personal effects in any truck or trailer for compensation over any public highway in this state is a highly…
- § 19228 (a) Notwithstanding any other law, and until the time the director adopts regulations implementing this chapter, powers granted to, or duties imposed on, the…
- § 19229 (a) Moneys in the fund shall be used, upon appropriation by the Legislature, by the bureau for the administration of this chapter. (b) Except as otherwise…
- § 19229.1 (a) The use of the public highways for the transportation of used household goods and personal effects for compensation is a business affected with a public…
- § 19229.5 (a) All moneys in the Household Movers Fund shall be transferred to the Household Goods and Services Fund by July 1, 2026. On July 1, 2026, the Household…
- § 19233 This chapter shall not be construed as a regulation of commerce with foreign nations or among the several states, except insofar as those regulations are not…
- § 19234 The director, in accordance with the State Civil Service Act and Section 159.5, may appoint and fix the compensation of clerical, inspection, investigation,…
- § 19234.1 Protection of the public shall be the highest priority for the bureau in exercising its licensing, regulatory, and disciplinary functions under this chapter.…
ARTICLE 2. Regulation of Household Movers §§ 19235–19247 · 17 sections
- § 19235 A household mover shall not engage in the business of transportation of used household goods and personal effects for compensation by motor vehicle over any…
- § 19236 (a) Each household mover shall display on each vehicle operated by it an identification symbol in the form and in accordance with rules and regulations…
- § 19237 (a) A household mover shall not engage, or attempt to engage, in the business of the transportation of used household goods and personal effects by motor…
- § 19238 (a) To obtain an original permit, an applicant shall submit to the bureau an application in writing, on a form containing information prescribed by the bureau,…
- § 19239 (a) Before a permit is issued, the bureau shall require the applicant to establish ability and reasonable financial responsibility to initiate the proposed…
- § 19239.1 (a) Except as provided for in subdivision (b), every household mover, as a condition precedent to the issuance, reinstatement, reactivation, renewal, or…
- § 19239.2 (a) The bureau shall accept a certificate required by Section 19239.1 as of the effective date shown on the certificate, if the certificate is received by the…
- § 19239.3 The bureau shall not issue or authorize the transfer of any permit under this chapter to any person or corporation against whom a final judgment has been…
- § 19239.4 (a) The failure of a permitholder to obtain or maintain workers’ compensation insurance coverage, if required under this chapter, shall result in the…
- § 19240 (a) Each original application for issuance of a permit under this chapter shall be accompanied by a fee of five hundred dollars ($500). The holder of a permit…
- § 19241 (a) A household mover, under its permit, may also transport used office, store, and institution furniture and fixtures. The bureau shall not regulate the…
- § 19242 The bureau shall establish rules and regulations governing the notification to shippers of any delay in the delivery of goods beyond the date agreed to by the…
- § 19243 (a) The bureau may establish rules for the performance of any service of the character furnished or supplied by household movers. Every household mover shall…
- § 19244 It is unlawful for the owner of a household mover motor vehicle employing or otherwise directing the driver of the vehicle to permit the operation of the…
- § 19245 (a) Except as provided in Section 19237, a household mover in compliance with this chapter has a carrier’s lien on used household goods and personal effects to…
- § 19246 (a) For purposes of this section, the following terms have the following meanings: (1) “Consignor” means the person named in the bill of lading as the person…
- § 19247 Every household mover shall add a prominent link to its Internet Web site that immediately directs all consumers to the bureau’s Internet Web site.
ARTICLE 3. Accident Liability Protection §§ 19248–19252 · 5 sections
- § 19248 (a) The bureau, in granting permits pursuant to this chapter, shall require a household mover to procure, and continue in effect during the life of the permit,…
- § 19249 The protection required under this article shall be evidenced by the deposit of any of the following with the bureau covering each vehicle used or to be used…
- § 19250 With the consent of the bureau, a copy of an insurance policy, certified by the company issuing it to be a true copy of the original policy, or a photostatic…
- § 19251 The protection against liability shall be continued in effect during the active life of the permit. The policy of insurance or surety bond shall not be…
- § 19252 The bureau may establish such rules and regulations as are necessary to enforce this article.
ARTICLE 4. Rates §§ 19253–19257 · 8 sections
- § 19253 (a) The bureau shall establish or approve maximum or minimum or maximum and minimum rates to be charged by household movers for the transportation of used…
- § 19253.1 A household mover shall not advertise, quote, or charge a rate or an amount for the transportation of used household goods and personal effects that is based…
- § 19253.2 The bureau may establish procedures by which any household mover may charge or collect a greater rate than the maximum rate established under this chapter.
- § 19253.3 The bureau shall make any rules that are necessary to the application and enforcement of the rates established or approved pursuant to this chapter.
- § 19254 A household mover shall not directly or indirectly pay any commission to a shipper, consignee, or the employee thereof, or to the payer of the transportation…
- § 19255 No household mover, no officer or agent of a household mover, and no person acting for or employed by a household mover shall, by means of known false billing,…
- § 19256 No person, no corporation, and no officer, agent, or employee of a corporation shall, by means of false billing, false or incorrect classification, false…
- § 19257 No person, no corporation, and no officer, agent, or employee of a corporation, shall knowingly, directly or indirectly by any false statement or…
ARTICLE 5. Reports, Records, and Inspections §§ 19258–19262 · 8 sections
- § 19258 (a) Each household mover maintaining an office or place of business within this state and offering intrastate service shall keep in that office or place of…
- § 19259 The bureau may require any household mover to file with it a true copy of any contract, agreement, or arrangement between the household mover and any other…
- § 19260 The bureau may prescribe the forms of any accounts, records, and memoranda, including those pertaining to the movement of traffic and the receipt or…
- § 19260.1 If the bureau has prescribed the forms of accounts, records, and memoranda to be kept by a household mover for any of its business, it is unlawful for any…
- § 19260.2 The bureau and its authorized employees, representatives, and inspectors shall at all times have access to all lands, buildings, and equipment of household…
- § 19260.3 The employees, representatives, and inspectors of the bureau may inspect and examine any lands, buildings, equipment, accounts, books, records, and memoranda,…
- § 19261 Sections 19258 to 19260.3, inclusive, shall, to the extent deemed necessary by the bureau, apply to persons having control, direct or indirect, over or persons…
- § 19262 (a) Every household mover shall furnish to the bureau annually, as specified by the bureau, a list, prepared under oath, of all vehicles used in transportation…
ARTICLE 5.3. Delivery and Claims § 19265 · 1 section
- § 19265 A claim against a household mover for loss or damage of goods shall not be denied solely because the lost or damaged goods were not noted at the time of…
ARTICLE 5.4. Subhauling Agreements §§ 19266–19266.2 · 3 sections
- § 19266 A household mover shall not transport household goods under a subhauling agreement unless each of the following occurs: (a) The subhauler is permitted by the…
- § 19266.1 The bureau shall adopt any rules and regulations it determines to be necessary to enforce the requirements of this article.
- § 19266.2 This article does not apply to a subhauling agreement when the subhauler is not otherwise subject to this chapter for activity related to the subhauling…
ARTICLE 5.5. Estimates § 19267 · 1 section
- § 19267 The bureau shall establish rules and regulations controlling the estimates given by a household mover to a shipper of the charges the household mover would…
ARTICLE 6. Proceedings §§ 19268–19270 · 4 sections
- § 19268 (a) Except as otherwise provided in this chapter, all proceedings under this chapter to deny, suspend, amend, revoke, or place on probation a permit shall be…
- § 19269 Whenever the bureau determines that any household mover or any officer, director, or agent of any household mover is failing or omitting, or about to fail or…
- § 19269.1 (a) Whenever the bureau determines that any household mover or any officer, director, or agent of any household mover has abandoned, or is abandoning, stored…
- § 19270 Upon the filing of such a petition, the court shall specify a time, not exceeding 20 days after the service of the copy of the petition, within which the…
ARTICLE 7. Suspension and Revocation of Permits §§ 19271–19276 · 9 sections
- § 19271 The bureau may, at the request of any household mover, suspend the operating permit of the household mover for a definite time during which it is unlawful for…
- § 19272 Upon the suspension of a permit, the bureau shall require the removal from any vehicle operated under the permit of any identifying symbols that have been…
- § 19273 Upon the termination of the period of suspension, the bureau shall restore the permit and the household mover shall again place on all vehicles the identifying…
- § 19274 A permit shall remain in effect until suspended or terminated as provided in this chapter. Any permit not exercised for a period of one year, inclusive of all…
- § 19274.1 (a) The bureau shall only authorize a sale, lease, assignment, or other transfer of a permit to a transferee who has qualified in the manner provided by…
- § 19275 (a) The bureau may suspend the permit of any household mover after notice and an opportunity to be heard, if the household mover knowingly and willfully files…
- § 19275.1 (a) Upon receipt of a stop order issued by the Director of Industrial Relations pursuant to Section 3710.1 of the Labor Code, the bureau shall investigate to…
- § 19275.2 (a) (1) Upon receipt of a written recommendation from the Department of the California Highway Patrol that the permit of a household mover be suspended for any…
- § 19276 After the cancellation or revocation of a permit or during the period of its suspension, it is unlawful for a household mover to conduct any operations as a…
ARTICLE 8. Fines and Penalties §§ 19277–19284 · 14 sections
- § 19277 (a) Every household mover and every officer, director, agent, or employee of any household mover who violates or who fails to comply with, or who procures,…
- § 19277.1 Every household mover, and every officer, director, agent, or employee of a household mover, who displays on any vehicle any identifying symbol other than the…
- § 19278 Every corporation or person other than a household mover, who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a…
- § 19279 Except as otherwise provided in this chapter, every household mover and every officer, director, agent, or employee of any household mover who violates or who…
- § 19279.1 Whenever the bureau finds that any person or corporation is operating as a household mover without a valid permit, or is holding itself out as such a household…
- § 19279.2 Every corporation or person other than a household mover who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a…
- § 19279.3 Every corporation or person who knowingly and willfully issues, publishes, or affixes, or causes or permits the issuance, publishing, or affixing, of any oral…
- § 19280 Every household mover that falsifies permit status, membership in an association, or location is subject to a citation and fine of not more than two thousand…
- § 19281 Every violation of the provisions of this chapter or of any order, decision, decree, rule, regulation, direction, demand, or requirement administered by the…
- § 19282 All remedies and penalties accruing under this chapter are cumulative to each other and to the remedies and penalties available under any other law, and a suit…
- § 19283 Fines not paid to the bureau within the specified time period for a violation of this chapter or any order, decision, rule, regulation, direction, demand,…
- § 19283.1 (a) The bureau shall ensure that this chapter is enforced and obeyed, and that violations thereof are promptly prosecuted and that moneys due to the state are…
- § 19283.2 All fines recovered by the bureau pursuant to this chapter, together with the costs thereof, shall be paid into the fund.
- § 19284 (a) Whenever a written notice to appear has been mailed to the owner of a household mover motor vehicle, an exact and legible duplicate copy of the notice,…
ARTICLE 9. Household Movers Uniform Business Permit Fee Act §§ 19285–19293 · 10 sections
- § 19285 This article may be cited as the Household Movers Uniform Business Permit Fee Act.
- § 19286 An adequate transportation system is essential to the welfare of the state, and an important part of that system is service rendered by household movers.
- § 19287 On and after the effective date of this article, a city, county, or a city and county shall not assess, levy, or collect an excise or license fee or tax of any…
- § 19288 (a) On and after the effective date of this article, there is imposed upon every household mover, and every person or corporation, owning or operating motor…
- § 19288.1 Until the adoption of fees by the bureau pursuant to Section 19288, every household mover shall pay to the bureau the fees required pursuant to, and in the…
- § 19288.2 (a) If a household mover is in default on the payment of the fees prescribed by this chapter for a period of 30 days or more, the bureau may suspend or revoke…
- § 19289 (a) Any person who submits to the bureau a check for fees that is returned unpaid shall pay all subsequent required fees by cashier’s check or money order. (b)…
- § 19290 (a) Permits issued under this chapter expire two years from the date of issuance. To renew a permit, a permittee shall, on or before the date on which it would…
- § 19292 The employees, representatives, auditors, and inspectors of the bureau may, under its order or direction, inspect and examine any books, accounts, records,…
- § 19293 (a) The bureau may establish rules and regulations as it deems necessary to carry out this article. (b) This section does not prohibit the imposition by any…
ARTICLE 10. Operative Date § 19294 · 1 section
- § 19294 This chapter shall become operative on July 1, 2018.