TITLE XXXIV
PUBLIC UTILITIES

CHAPTER 375-A
CARRIAGE OF HOUSEHOLD GOODS FOR HIRE BY MOTOR VEHICLE

Section 375-A:1

    375-A:1 Definitions. – In this chapter, the following words shall have the following meanings:
    I. ""Department'' shall mean the department of safety.
    II. ""Household goods carrier'' shall mean a common or contract carrier which transports for hire by motor vehicle between points in this state:
       (a) Personal effects and property used or to be used in a dwelling as a part of the equipment or supply of the dwelling;
       (b) Furniture, fixtures, equipment and property of any establishment, which are a part of the stock, equipment or supply of the establishment;
       (c) Articles, including objects of art, displays and exhibits with an unusual nature or value, which require specialized handling and equipment usually used in moving household goods.
    III. ""Household goods carrier'' does not include any person who transports his own goods for the purpose of sale or delivery, or in the furtherance of a trade or business other than transportation.
    IV. ""Commissioner'' shall mean the commissioner of the department of safety.
    V. ""Common carrier'' means a person holding itself out to the general public to provide motor vehicle transportation for compensation over regular or irregular routes, or both.
    VI. ""Contract carrier'' means a person providing motor vehicle transportation for compensation under continuing agreements with one or more persons:
       (a) By assigning motor vehicles for a continuing period of time for the exclusive use of each such person; or
       (b) Designed to meet the distinct needs of each such person.

Source. 1963, 264:1. 1981, 435:8. 1985, 402:6, I(e)(7). 1988, 288:16, 17. 1989, 325:22, eff. July 1, 1989.

Section 375-A:2

375-A:2 Certificate Required. – No household goods carrier, as defined herein, shall engage in the business of transporting household goods, as defined by the department, between points in this state, unless he holds a certificate issued by the department authorizing such operations; provided, however, that, if he or his predecessor in interest was engaged in bona fide operations as a common or contract carrier pursuant to RSA 375, engaged in the business of transporting household goods over regular or irregular routes on January 1, 1963, or within the territory for which application is made, and has so operated since that time, the department shall issue such certificate without requiring further proof that the public convenience and necessity will be served by such operation, and without further proceedings, if application for such certificate is made to the department in accordance with the provisions of this chapter on or before August 1, 1963. Otherwise, the application for such certificate shall be in accordance with the procedure provided for in RSA 375-A:3 and such certificate shall be issued or denied accordingly. Pending action on any such application, the continuance of such operation shall be lawful.

Source. 1963, 264:1. 1985, 402:6, I(e)(7).

Section 375-A:3

375-A:3 Issuance. – A certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing and able properly to perform the service proposed and to conform to the provisions of this chapter and the requirements, rules and regulations issued by the commissioner thereunder, and that the proposed service, to the extent to be authorized by the certificate, is or will be required by the present or future public convenience and necessity; otherwise, such application shall be denied.

Source. 1963, 264:1. 1985, 402:6, I(e)(7).

Section 375-A:4

375-A:4 Terms and Conditions. – Each certificate issued under RSA 375-A:2 or 375-A:3 shall specify the service to be rendered and the territory within which the carrier is authorized to operate. The department may impose upon the exercise of the privileges granted by the certificate, at the time of its issuance or from time to time thereafter, such reasonable terms, conditions and limitations as the public convenience and necessity may require; provided, however, that no terms, conditions, or limitations shall restrict the right of the carrier to add to his or its equipment and facilities over the routes, between the termini or within the territory specified in the certificate, as the development of the business and the demands of the public shall require.

Source. 1963, 264:1. 1985, 402:6, I(e)(7).

Section 375-A:4-a

375-A:4-a Issuance of Contract Carrier Permits. – A contract carrier permit shall be issued to any qualified applicant, authorizing in whole or in part the operations covered by the application, if it appears from the application, or from any hearing held on the application, that the applicant is fit, willing and able to properly perform the service of a contract carrier by motor vehicle, and to conform to the provisions of this chapter and any rules adopted by the commissioner, and that the proposed operation, to the extent authorized by the permit, will be consistent with the public interest; otherwise, such application shall be denied. The department shall specify in the permit the business of the contract carrier covered by the permit and the scope of the permit. The department shall attach to the permit, at the time of issuance and from time to time thereafter, such reasonable terms, conditions, and limitations consistent with the character of the holder as a contract carrier as are necessary to carry out, with respect to the operations of such carrier, the requirements established by the department under the provisions of this chapter; provided, however, that no terms, conditions, or limitations shall restrict the right of the carrier to substitute or add contracts within the scope of the permit, or to add to his or its equipment and facilities as the development of the business and the demands of the public may require.

Source. 1989, 325:2, eff. July 1, 1989.

Section 375-A:5

    375-A:5 Applications for Certificates. – Application for certificates required in RSA 375-A:2 shall be:
    I. Made in writing to the department;
    II. Verified under oath;
    III. Accompanied by the fee specified in RSA 375-A:18;
    IV. In the form specified in rules adopted by the commissioner; and
    V. With the information specified in rules adopted by the commissioner.

Source. 1963, 264:1. 1981, 435:9. 1985, 402:6, I(e)(7).

Section 375-A:6

375-A:6 Suspension, Change and Revocation of Certificates and Permits. – Certificates and permits issued under the provisions of this chapter authorizing operations as a household goods carrier shall be effective from the date specified therein and shall remain in effect until suspended, revoked or terminated as herein provided. The department may, after notice and hearing, upon application or upon its own initiative, amend, suspend, or revoke any such certificate or permit in whole or in part, for willful failure to comply with any provision of this chapter or with any lawful order or rule issued or adopted by the department or with any term, condition or limitation of such certificate or permit.

Source. 1963, 264:1. 1985, 402:6, I(e)(7). 1989, 325:3, eff. July 1, 1989.

Section 375-A:7

375-A:7 Transfer of Certificates and Permits. – No certificate or permit, nor any rights thereunder, shall be transferred without the approval of the department.

Source. 1963, 264:1. 1985, 402:6, I(e)(7). 1989, 325:3, eff. July 1, 1989.

Section 375-A:8

375-A:8 Security for the Protection of Property. – No certificate or permit issued to a carrier under the provisions of this chapter shall remain in effect unless such carrier shall file with the department and keep in force a certificate of insurance in such form and in such reasonable amount as the department may require to adequately provide for the reasonable protection of the owner or owners of the property transported.

Source. 1963, 264:1. 1985, 402:6, I(e)(7). 1989, 325:3, eff. July 1, 1989.

Section 375-A:9

375-A:9 Rates and Charges. – Every household goods carrier by motor vehicle shall file with the department, and shall print and keep open to public inspection, schedules showing the rates and charges for the transportation to be rendered, within such time and in such form and with such detail as the department may prescribe. Unless the department otherwise orders, no change shall be made in any such rate or charge which shall have been filed or published in compliance with this section except after 30 days' notice to the department and such notice to the public as the department shall direct.

Source. 1963, 264:1. 1985, 402:6, I(e)(7).

Section 375-A:10

375-A:10 Discrimination Prohibited. – It shall be unlawful for any household goods carrier by motor vehicle engaged in transportation between points in this state to make, give, or cause any undue or unreasonable preference or advantage to any particular person or locality in any respect whatsoever or to subject any particular person or locality to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever.

Source. 1963, 264:1, eff. Sept. 1, 1963.

Section 375-A:11

375-A:11 Adherence to Tariffs. – No household goods common carrier by motor vehicle shall charge or demand or collect or receive a greater or lesser or different compensation for transportation or for any service in connection therewith between the points enumerated in such tariff than the rates and charges specified in the tariffs in effect at the time; and no such carrier shall refund or remit in any manner or by any device, directly or indirectly, or through any agent or otherwise, any portion of the rates or charges so specified, or extend to any person any privileges or facilities for transportation between points in this state except such as are specified in its tariffs.

Source. 1963, 264:1. 1989, 325:4, eff. July 1, 1989.

Section 375-A:12

    375-A:12 Schedules of Minimum Rates and Charges. –
    I. Every household goods contract carrier shall:
       (a) Print schedules of minimum charges and, if required by the department, copies of contracts of the carrier involving transportation between points in this state;
       (b) File contracts, if required, with the department;
       (c) File a tariff with the department, which shall include schedules of charges and carrier regulations or practices affecting a charge; and
       (d) Keep filed schedules and contracts posted and available for public inspection.
    II. The commissioner may adopt rules, pursuant to RSA 541-A, relative to:
       (a) Form and content of the filing and printing;
       (b) Posting of schedules and contracts; and
       (c) Manner in which schedules and contracts are to be available for public inspection.
    III. No contract carrier shall charge or receive, in any way, for any service rendered less than the charge filed with the department.
    IV. Any carrier may request an exemption from the department from the requirements of RSA 375-A:12. The department may, in its discretion, grant relief consistent with the public interest.

Source. 1963, 264:1. 1981, 435:10. 1985, 402:6, I(e)(7). 1989, 325:5, 6, eff. July 1, 1989.

Section 375-A:13

    375-A:13 Accounts, Records and Reports. –
    I. The department may require:
       (a) Annual reports from all household goods carriers. The department may require the reports to be made under oath; and
       (b) Specific answers to any questions deemed necessary by the department.
    II. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the form of annual reports.
    III. The department or its authorized representative shall have access, at reasonable times, to all accounts, records and other documents of a carrier which relate to RSA 375-A.

Source. 1963, 264:1. 1981, 435:11. 1985, 402:6, I(e)(7).

Section 375-A:14

    375-A:14 Rulemaking; General Duties and Powers of the Commissioner. –
    I. The commissioner shall regulate household goods carriers by motor vehicle.
    II. The commissioner may adopt rules relative to:
       (a) Reasonable and adequate service, and safety of operation and equipment.
       (b) [Repealed.]

Source. 1963, 264:1. 1981, 435:12. 1985, 402:6, I(e)(7). 1993, 338:1. 2007, 263:175, I, eff. July 1, 2007.

Section 375-A:15

    375-A:15 Complaints; Hearings. –
    I. The department may investigate, upon written complaint or on its own initiative, or hold a hearing, after notice, to determine whether any household goods carrier has failed to comply with RSA 375-A or rules adopted by the commissioner relative to RSA 375-A.
    II. If the department finds, after a hearing, that a carrier has failed to comply with RSA 375-A, the department may issue an appropriate order to compel compliance.
    III. The department may dismiss any complaint which does not state reasonable grounds for investigation and action by the department.

Source. 1963, 264:1. 1981, 435:13. 1985, 402:6, I(e)(7).

Section 375-A:16

    375-A:16 Examination of Vehicles; Inspectors; Penalty. –
    I. Any person who operates a motor vehicle for a household goods carrier doing business in this state shall stop his motor vehicle and permit any inspector authorized by the department to examine the vehicle. The inspector may examine the vehicle as necessary to determine its compliance with the provisions of this chapter and with rules adopted under this chapter.
    II. Inspectors authorized by the department shall have authority as peace officers as provided by RSA 594 to enforce this chapter and rules adopted by the commissioner relative to this chapter. An inspector shall display the proper insignia of his office when stopping and examining a motor vehicle.
    III. Any person who violates RSA 375-A:16 shall be guilty of a violation.

Source. 1963, 264:1. 1973, 531:113. 1981, 435:14. 1985, 402:6, I(e)(7). 1989, 325:7, eff. July 1, 1989.

Section 375-A:17

375-A:17 Vehicles to be Registered. – Each household goods carrier holding a certificate or permit under the provisions of this chapter shall annually apply to the department of safety, division of motor vehicles, on blanks to be furnished by it, for the registration of each vehicle operated under the provisions of such certificate or permit and pay to said department fees as provided for in RSA 375-A:18. Upon receipt of such application and fee, a distinguishing number plate or plates and registration certificate shall be furnished by the division for such vehicle applied for, and said plates shall be prominently displayed on the vehicle in such manner as the director of the division shall prescribe. Registration certificates and number plates issued under the provisions of this section shall be used coincidental with, and shall expire with, the corresponding registration certificate and number plates issued by the division of motor vehicles, department of safety, of this state.

Source. 1963, 264:1. 1989, 325:8, eff. July 1, 1989.

Section 375-A:18

    375-A:18 Fees. – The following fees shall be paid:
    I. To the department:
       (a) For each application for a common or contract carrier of household goods certificate under RSA 375-A:3 or permit under RSA 375-A:4-a, $50.
       (b) For the annual registration of each vehicle used in the carriage of household goods, $10.
       (c) For each transfer of a registration certificate, $1.
    II. The department of safety, division of motor vehicles, shall deduct from the fees received under subparagraphs (b) and (c) of paragraph I the actual cost of issuing such registration certificates and number plates and shall forward the balance to the department to be used by it in the administration of this chapter.

Source. 1963, 264:1. 1977, 563:48. 1985, 402:6, I(e)(7). 1988, 288:18. 1989, 325:9, eff. July 1, 1989.

Section 375-A:19

    375-A:19 Penalty. –
    I. Except as provided in paragraph II, any person violating any provision of this chapter, or any rule or order adopted or issued under this chapter, or any term or condition of any certificate, permit or license shall:
       (a) For a first offense, be guilty of a violation and shall be fined not less than $100.
       (b) For a second offense, within a 12-month period preceding the date of the second offense, be guilty of a violation and shall be fined not less than $250.
    II. Any person found guilty of operating after suspension or revocation of rights, for a first offense, shall be guilty of a violation and shall be fined not less than $250. For a second such offense, within a 12-month period, such person shall be guilty of a violation and shall be fined not less than $500.
    III. Any person found guilty of a third and subsequent offense as described under paragraph I, paragraph II, or paragraphs I and II combined, in a 12-month period preceding a third or subsequent offense, shall be guilty of a misdemeanor and shall be fined not less than $500.

Source. 1963, 264:1. 1973, 530:61. 1989, 325:23, eff. July 1, 1989.

Section 375-A:20

375-A:20 Registration of Interstate Certificates and Permits. – [Repealed 1993, 338:6, I, eff. Sept. 30, 1993.]

Section 375-A:21

375-A:21 Registration of Vehicles Operating in Interstate Commerce. – [Repealed 1993, 338:6, II, eff. Sept. 30, 1993.]