PROPOSED RULES
COMMISSION
Original Notice.
Preproposal statement of inquiry was filed as WSR 07-09-104.
Title of Rule and Other Identifying Information: Chapter 480-15 WAC, Household goods carriers.
Hearing Location(s): Commission Hearing Room 206, Second Floor, Richard Hemstad Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, on December 12, 2007, at 1:30 p.m.
Date of Intended Adoption: December 12, 2007.
Submit Written Comments to: Washington Utilities and Transportation Commission (UTC), 1300 South Evergreen Park Drive S.W., P.O. Box 47250, Olympia, WA 98504-7250, e-mail records@utc.wa.gov, fax (360) 586-1150, by November 19, 2007. Please include "Docket TV-070466" in your comments.
Assistance for Persons with Disabilities: Contact Mary De Young by December 10, 2007, TTY (360) 586-8203 or (360) 664-1133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The current rules in chapter 480-15 WAC went into effect in January 1999, after the federal government made extensive changes to the trucking industry. Changes in the industry over the past seven years, as well as our experience with the current rules, tells us we are now in a position to streamline the rules, providing greater flexibility for companies and less regulatory oversight by the UTC while still maintaining important consumer protections. The proposed rules streamline and clarify chapter 480-15 WAC.
Reasons Supporting Proposal: The proposed rules:
• Simplify rules where possible.
• Update rules to accommodate current technology (i.e., computer-based estimates).
• Align rules more closely with the federal interstate household goods carrier rules where reasonable.
• Eliminate prescriptive language to allow more flexibility.
• Maintain consumer protection.
Statutory Authority for Adoption: RCW 80.01.040, 81.04.160, 81.04.250, 81.28.040, 81.80.120, 81.80.130, and 81.80.290.
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington utilities and transportation commission, governmental.
Name of Agency Personnel Responsible for Drafting: Vicki Elliott, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1119; Implementation and Enforcement: Carole J. Washburn, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1174.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules will not result in or impose more than minor costs. Because there will not be more than minor increase in costs resulting from the proposed rule changes, a small business economic impact statement is not required under RCW 19.85.030(1).
A cost-benefit analysis is not required under RCW 34.05.328. The commission is not an agency to which RCW 34.05.328 applies. The proposed rules are not significant legislative rules of the sort referenced in RCW 34.05.328(5).
October 24, 2007
Carole J. Washburn
Executive Secretary
OTS-1142.2
AMENDATORY SECTION(Amending General Order No. R-471, Docket
No. TV-991559, filed 6/27/00, effective 7/28/00)
WAC 480-15-010
Purpose and application.
(1) ((The
legislature has declared that operating as a motor carrier of
freight, including household goods, for compensation over the
highways of this state is a business affected with a public
interest and should be regulated. The purpose of)) These
rules ((is to carry out)) implement the policies ((set forth))
in RCW 81.80.020 as they apply to household goods carriers((,
by establishing)). The rules establish standards for public
safety, fair competitive practices, just and reasonable
charges, nondiscriminatory application of rates, adequate and
dependable service((,)) and consumer protection, ((and)) as
well as compliance with statutes, rules and commission orders.
(2) This chapter applies to all intrastate household goods carriers.
(3) Nothing in this chapter relieves any household goods carrier from its duties and obligations under the laws of the state of Washington including, but not limited to, public utility, labor, employment, and other taxes, and business and vehicle licensing requirements.
[Statutory Authority: RCW 81.04.160, 81.04.250, 81.28.040, 81.80.090, 81.80.120, 81.80.130, 81.80.290, 81.80.211, and 80.01.040. 00-14-010 (General Order No. R-471, Docket No. TV-991559), § 480-15-010, filed 6/27/00, effective 7/28/00. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-010, filed 12/15/98, effective 1/15/99.]
(("))Accessorial services((" means)): Any service((s))
provided by a household goods carrier that supplements, or
((are secondary)) is incidental to, the transportation of
household goods((, including, but not limited to,)). Examples
include packing ((and)), unpacking, wrapping or protecting a
portion of the shipment((, and providing special handling of
household goods)) or providing special equipment or services
such as hoisting.
(("))Agent((" means)): A permitted carrier, who, under
the provisions of a formal written agreement, performs
services on behalf of another permitted carrier.
(("))Application docket((" means)): A commission
publication listing applications requesting operating
authority((, and commission action taken on applications for
temporary authority)).
(("))Authority((" means)): The rights granted to a
common carrier to transport household goods.
(("))Cancellation((" means)): An act by the commission
to terminate a household goods carrier's authority.
Carrier: A company performing household goods moves.
(("))Commission((" means)): The Washington utilities and
transportation commission.
(("Common carrier" means any person who undertakes to
transport property, including household goods, for the general
public by motor vehicle, for compensation over the public
highways. This term also includes transportation under
special and individual contracts or agreements.
"Constructive weight" means a weight based on a formula of seven pounds per cubic foot of properly loaded van space occupied by the customer's goods.
"Consumer" means a person or entity that hires a household goods carrier.
"))Customer((" means a person or entity that)): Anyone
who hires a household goods carrier.
(("Exempt carrier" means any person operating a motor
vehicle exempt from certain provisions of Title 81 RCW
pursuant to RCW 81.80.040.)) Estimate:
(a) Nonbinding estimate: The written estimate the carrier gives to the customer in advance of the move. A nonbinding estimate is not binding on the mover. The final charges will be based upon the actual cost of the move and the services provided, although a carrier may not charge more than twenty-five percent over the nonbinding estimate.
(b) Binding estimate: The written estimate the carrier gives to the customer in advance of the move and by which both the carrier and customer are bound. The carrier may not charge any amount other than the binding estimate and the customer may pay the amount of the binding estimate.
(c) Supplemental estimate: An amendment to the original nonbinding estimate, necessary when the circumstances of a move change in a way from the original written estimate that increases the cost of the move.
(("))Filing((" means)): Any application, petition,
tariff proposal, annual report, comment, complaint,
pleading((,)) or other document submitted to the commission.
(("Household goods carrier" means a common carrier
transporting household goods within the state of Washington.
"))Household goods((" when the term is used in connection
with transportation, means personal effects and property used
or to be used in a residence when it is a part of the
equipment or supply of such residence, and is transported
between residences or between a residence and a storage
facility, with the intent to later transport to a residence. This term excludes transportation of customer packed and
sealed self-storage containers that are delivered to and from
a self-storage facility, when that transportation is provided
in conjunction with a self-storage agreement executed in good
faith, and when no accessorial services are provided by a
motor carrier in connection with the storage or the
transportation of the container)): The personal effects and
property used, or to be used, in a residence when transported
between residences or between a residence and a storage
facility with the intent to later transport to a residence.
Transportation of the goods must be arranged and paid for by
the customer or by another individual, company or organization
on behalf of the customer.
(("I" means a household goods carrier or customer,
depending upon the context of the rule.
"Loaded weight" means the weight of a motor vehicle obtained when:
• The customer's goods are loaded into the vehicle;
• The vehicle's fuel tank is full;
• All pads, chains, dollies, hand trucks, and other equipment needed in the transportation of the shipment are on board the vehicle;
• The vehicle's crew is not on board the vehicle.
"))Local move((" means all)): A move((s)) taking place
within the limits of a city or town or moves ((specifically
defined as local in the commission tariff)) where the shipment
is transported fifty-five miles or less.
(("))Long distance move((" means any)): A move ((not
meeting the definition of a local move)) where the shipment is
transported fifty-six miles or more.
(("May" means an option. You may do something but it is
not a requirement.
"May not" means to prohibit from doing something.
"Motor carrier" means "common carrier," "exempt carrier," and "private carrier," as defined in this chapter.
"))Motor vehicle((" means any)) or vehicle((, machine,
tractor, trailer, or semi-trailer, propelled or drawn by
mechanical power, or any combination of such vehicles, used
upon the highways in the transportation of property, including
household goods. A motor vehicle is not a self-storage
container)): Any motor truck, tractor or other self-propelled
vehicle, any trailer, semi-trailer or any combination of such
vehicles moving as a single unit.
(("Must" means a legal obligation. You are required to
do something.
"Net weight" means the weight of the goods shipped by the consumer. It is determined by subtracting the tare weight of a motor vehicle from the loaded weight.
"))Permit((" means)): A document issued by the
commission describing the authority granted to a household
goods carrier ((under the provisions of chapter 81.80 RCW, as
amended. A permit may be temporary or permanent in duration,
and may allow a household goods carrier to transport household
goods throughout the state of Washington or limit the
household goods carrier to transportation of household goods
in designated areas of the state)).
(("))Person((" includes)): Any individual, firm,
corporation, company, or partnership.
(("Private carrier" means persons who transport their own
household goods, household goods being bought or sold by them
in good faith, or transport household goods purely as an
incidental adjunct to some established business owned or
operated in good faith.
"Registered carriers" means motor carriers operating in interstate or foreign commerce under authority issued by the Interstate Commerce Commission, the U.S. Department of Transportation, or a successor agency.
"Registered exempt carriers" means motor carriers operating in interstate or foreign commerce under the exemptions of the Federal Motor Carrier Act without interstate authority issued by the Interstate Commerce Commission, the U.S. Department of Transportation, or a successor agency.
"Shipper" means a person or entity that hires a household goods carrier.
"Small business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit, and that has fifty or fewer employees.)) Shipment: A load of household goods moved by a carrier from a single residence or as a single transaction.
(("))State((" means)): The state of Washington.
(("))Suspension((" means)) also includes suspend,
suspended, suspending: An act by the commission to
temporarily withhold a household goods carrier's authority.
(("Tare weight" means the weight of an empty motor
vehicle obtained when:
• The vehicle's fuel tank is full;
• All pads, chains, dollies, hand trucks, and other equipment needed in the transportation of the shipment are on board the vehicle; and
• The crew is not on board the vehicle.
"))Tariff((" means)): A publication containing ((the))
rates and charges ((that)) carriers must ((be assessed))
assess on shipments of household goods and the rules that
govern how rates and charges are assessed.
(("Transportation of household goods" means the for hire
movement of household goods by motor vehicle over the public
highways of the state. This includes providing estimates,
arranging for receipt, delivery, storage in transit, handling,
and providing any accessorial services in connection with that
movement.
"Us" means the Washington utilities and transportation commission.
"We" means the Washington utilities and transportation commission.
"You" means a household goods carrier, customer, insurance company, or other person or entity, depending on the context of the rule.))
[Statutory Authority: RCW 81.04.160, 81.04.250, 81.28.040, 81.80.090, 81.80.120, 81.80.130, 81.80.290, 81.80.211, and 80.01.040. 00-14-010 (General Order No. R-471, Docket No. TV-991559), § 480-15-020, filed 6/27/00, effective 7/28/00. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-020, filed 12/15/98, effective 1/15/99.]
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(2) To request a rule exemption, a company must file with the commission a written request identifying the rule for which an exemption is sought and giving a full explanation of the reason the exemption is requested.
(3) The commission will assign the request a docket number, if needed, and schedule the request for consideration at one of its regularly scheduled open meetings or, if appropriate under chapter 34.05 RCW, in an adjudication. The commission will notify the company requesting the exemption, and other interested persons, of the date the commission will consider the request.
(4) The commission will issue an order granting ((or)),
denying, or modifying the request or setting it for hearing,
pursuant to chapter 480-07 WAC.
[Statutory Authority: RCW 80.01.040 and 80.04.160. 03-24-028 (General Order R-510, Docket No. A-010648), § 480-15-035, filed 11/24/03, effective 1/1/04. Statutory Authority: RCW 81.04.160, 81.04.250, 81.28.040, 81.80.090, 81.80.120, 81.80.130, 81.80.290, 81.80.211, and 80.01.040. 00-14-010 (General Order No. R-471, Docket No. TV-991559), § 480-15-035, filed 6/27/00, effective 7/28/00.]
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(1) RCW 81.04.110 allows the commission to file a complaint and hold a hearing.
(2) RCW 81.04.260 allows the commission to file in court for an immediate injunction for violations of law, commission rule, order, direction or requirement of the commission.
(3) RCW 81.04.380 allows penalties against public service companies of up to one thousand dollars for each violation for each day the violation occurs or continues to occur.
(4) RCW 81.04.387 allows penalties against corporations, other than public service companies, of up to one thousand dollars for each offense.
(5) RCW 81.04.390 provides that violations may be treated as misdemeanors.
(6) RCW 81.04.405 allows penalties of one hundred dollars for each violation for each day the violation occurs or continues to occur. These penalties are issued through a penalty assessment with a fifteen-day response period.
(7) RCW 81.04.510 and 81.80.070 allows the commission to issue cease and desist orders against a carrier operating without a permit.
(8) RCW 81.80.280 allows the commission to cancel, suspend, alter, or amend a permit for violations of federal or state law, or commission rule.
(9) RCW 81.80.070 also allows a penalty of one thousand five hundred dollars to any carrier operating without a permit.
(10) RCW 81.80.355 provides that advertising without a permit may be treated as a misdemeanor.
(11) RCW 81.80.357 allows a penalty of five hundred dollars for each violation when a carrier does not include its permit number in its advertisements.
(12) WAC 480-120-172 allows a telecommunications company to disconnect a customer's service if that service is used for illegal purposes, such as operating without a permit issued by the commission.
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(a) By motor vehicle;
(b) Over the public highways;
(c) Between points in Washington state; and
(d) For compensation.
(2) If you transport household goods without first obtaining a permit you will be subject to the enforcement actions described in WAC 480-15-160(3).)) A carrier must receive a permit from the commission before transporting household goods, for compensation, by motor vehicle (including a rental truck) over public roads between two points within the state unless the carrier is operating in the territory described in subsection (1) or (2) of this section:
(1) Under RCW 81.80.040(1), a carrier does not need a permit to operate exclusively between points within the limits of a city or town with a population of less than ten thousand, unless it borders a city or town with a population of greater than ten thousand.
(2) Under RCW 81.80.040(2), a carrier does not need a permit to operate exclusively between points within a city with a population between ten thousand and thirty thousand if the commission has issued an order exempting transportation within that city from regulation. As of June 2007, these cities included:
(a) Cities of Mountlake Terrace and Mercer Island, exempted by commission General Orders 178, effective March 3, 1965, and R-66, effective May 8, 1974.
(b) City of Ellensburg, exempted by commission General Order 199, effective April 17, 1968.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-180, filed 12/15/98, effective 1/15/99.]
(1) Moves commercial or office goods, except when part of a household goods moves.
(2) Transports goods that are packed and loaded on the vehicle and unloaded by the customer.
(3) Transports goods which are loaded in customer packed and sealed self-storage type containers in conjunction with storage when no accessorial services are provided by the company.
(4) Uses a truck the customer owns or rents, even if the company does the packing and loading.
(5) Packs and loads the goods but does not transport the belongings.
(6) Moves goods interstate.
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(1) Emergency temporary authority for a period of thirty days or less when there is an urgent need for service and time or circumstances do not reasonably allow filing and processing an application for temporary authority.
(2) Temporary authority for up to one hundred eighty days to meet a short-term public need or until the commission makes a decision on the pending application for permanent authority. The applicant must be fit, willing and able and the proposed service must be in the public interest.
(3) Permanent authority has no expiration date or renewal requirement when the applicant is fit, willing and able to provide service and meets the current or future public convenience and necessity standards.
[]
(((a))) (1) You elect to limit your service territory to
specific counties; or
(((b))) (2) The commission, by order, limits your service
territory.
(((2) If you choose to limit your service territory to
specific counties, you must notify us in writing at the
address shown in WAC 480-15-060. Your written request must
include your household goods permit number and name.))
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-190, filed 12/15/98, effective 1/15/99.]
The following table lists the application fees in place on the effective date of these rules:)) Application fees are:
| Type of Permit Application: | Fee: |
| Emergency temporary authority | $50.00 |
| Temporary authority | $250.00 |
| Permanent authority | $550.00 |
| (( |
$250.00 |
| Permit reinstatement (under provisions of WAC 480-15-460) | $250.00 |
| Name change only | $35.00 |
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-230, filed 12/15/98, effective 1/15/99.]
(1) Provide((s)) a certified statement of support
identifying the need((;)).
(2) Complete the application.
(3) Pay((s)) the application fee((;)).
(((3))) (4) Furnish((es)) a list of vehicles ((to be
used)) the applicant will use under emergency temporary
authority((; and)).
(((4))) (5) Furnish((es)) proof of public liability and
property damage insurance.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-270, filed 12/15/98, effective 1/15/99.]
(2) ((We)) The commission will grant or deny an
application for temporary authority after ((we have
conducted)) conducting a complete review of ((your)) the
application, ((any)) supporting statements, reports or other
information necessary to determine ((your)) fitness((,)) and
((determine)) determining whether granting the application is
in the public interest.
(3) When determining if an applicant is fit, willing((,))
and able to provide the proposed service ((we)) the commission
will consider any information provided by the applicant and
other members of the public including, but not limited to,
information regarding the applicant's:
(a) ((The applicant's)) Experience in the industry((;
knowledge of safety regulations; financial resources and
equipment; compliance with tax, labor, employment, business,
and vehicle licensing laws and rules; and)).
(b) ((Whether the applicant has been cited for violation
of state law or commission rules, has been convicted of a
Class A or Class B Felony, or has previously been denied
authority on the basis of fitness; or has had permit authority
canceled)) Knowledge of safety regulations.
(c) Financial resources.
(d) Equipment resources.
(e) Compliance with tax, labor, employment, business and vehicle licensing laws and rules.
(f) Compliance with Title 81 RCW and commission rules.
(g) Conviction of any crime.
(h) Previous denial of authority on the basis of fitness.
(i) Previous cancellation of permit authority.
(4) When determining if the proposed service is in the
public interest ((we)), the commission will consider any
information provided by the applicant, ((shippers)) customers
and other members of the public ((supporting)) concerning the
proposed service((, and)). The commission will also consider
whether granting the temporary authority will:
(a) Enhance choices available to consumers((,)).
(b) Promote a viable yet competitive household goods
industry((, or)).
(c) Fill an unmet need for service((; and)).
(((b))) (d) Allow ((us)) the commission to more
efficiently regulate the household goods industry((, and)).
(e) Provide increased consumer protection through regulation.
(5) Applicants, customers and other members of the public
must submit statements and reports ((from the applicant,
shippers, and other members of the public, must)) that:
(a) Include their full name, address, phone number((,
and)).
(b) State that the information submitted is true and
accurate. ((They must be))
(c) Are signed and show the place and date ((where/when))
they were signed.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-280, filed 12/15/98, effective 1/15/99.]
(1) The application is incomplete.
(2) The application indicates evidence of fraud.
(3) The applicant filed within six months of a denial of
a previous application ((submitted by you. We will reject
your application if filed)) or within one year of cancellation
of a permit((, held by you,)) under WAC 480-15-320 or
480-15-450 (((3), (4), (5), or (6))) (1)(c) through (g).
(4) The applicant does not have:
(a) Sufficient experience in the industry.
(b) Sufficient knowledge of safety regulations.
(c) Sufficient financial resources or equipment.
(d) Compliance with tax, labor, employment, business and vehicle licensing laws and rules.
(5) The applicant has:
(a) Previously been denied authority by the commission on the basis of fitness.
(b) Been convicted of a crime.
(c) Previously had permit authority canceled by the commission.
(d) Been subject to other enforcement actions for violations of state law or commission rules.
(6) Other circumstances exist that cause the commission to believe issuing the permit is not in the public interest.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-285, filed 12/15/98, effective 1/15/99.]
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-290, filed 12/15/98, effective 1/15/99.]
(2) Anyone ((having an interest in an application
appearing on the docket)) wishing to comment on an action on
the commission's application docket that grants or denies
temporary authority may file written comments within ten days
following publication. ((Comments may be in the form of
statements supporting or protesting the grant of authority or
application.)) Comments must include ((your)) the commenter's
full name, address, telephone number, e-mail address, fax
number((,)) and permit number, if applicable. Comments must
((state the nature of your)) indicate support for, or protest
((and address)) of, the temporary authority for any one or
more of the following ((issues)) reasons:
(a) Fitness((,)).
(b) Public interest((,)).
(c) Levels of service((,)).
(d) Business practices((,)).
(e) Safety((, and/or)).
(f) Operation of equipment.
(3) ((We)) The commission may ((grant or deny a protest
without a hearing. We may, at our own)) at its discretion,
hold a brief adjudicative proceeding on ((a)) an action for
temporary authority because it received comments that protest
the action. See chapter 480-07 WAC for rules governing
((applications and procedures for)) brief adjudicative
proceedings ((are in chapter 480-07 WAC)).
[Statutory Authority: RCW 80.01.040 and 80.04.160. 03-24-028 (General Order R-510, Docket No. A-010648), § 480-15-310, filed 11/24/03, effective 1/1/04. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-310, filed 12/15/98, effective 1/15/99.]
(1) The permit was not issued in the public
interest((;)).
(2) The ((grant)) approval of the temporary authority was
based on fraud, misrepresentation, or erroneous information
from the applicant((; or)).
(3) ((We find cause to cancel the permit under the
circumstances described in WAC 480-15-450.)) The applicant
filed within six months of a denial of a previous application
or within one year of cancellation of a permit under WAC 480-15-320 or 480-15-450 (1)(c) through (g).
(4) The carrier does not have:
(a) Sufficient experience in the industry.
(b) Sufficient knowledge of safety regulations.
(c) Sufficient financial resources or equipment.
(d) Compliance with tax, labor, employment, business and vehicle licensing laws and rules.
(5) The carrier has:
(a) Been convicted of any crime.
(b) Previously been denied authority by the commission on the basis of fitness.
(c) Failed or refused to comply with applicable laws and rules pertaining to operations of household goods carriers.
(d) Failed to file an annual report or pay required regulatory fees.
(e) Allowed others to transport goods under the carrier's permit authority.
(6) Other circumstances exist that cause the commission to believe canceling the permit is in the public interest.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-320, filed 12/15/98, effective 1/15/99.]
(a) New original authority((;)).
(b) Transfer of existing authority((;)), except as
described in WAC 480-15-335.
(c) Acquisition of control of existing authority((;)).
(d) Additional authority for an existing household goods
permit((; or
(e) Household goods authority for an existing general commodities permit granted under the provisions of chapter 480-14 WAC)).
(2) ((We)) The commission will grant or deny an
application for permanent authority after ((we have
conducted)) it conducts a complete review of ((your)) the
application, supporting statements, reports((,)) or other
information necessary to determine fitness, public
interest((,)) and current or future public convenience and
necessity.
(3) Some transfers of existing permanent authority are
not subject to the requirements in this rule. WAC 480-15-260
lists the exceptions ((are listed in WAC 480-15-260)).
(4) When determining if an applicant is fit, willing and
able to provide the proposed service, ((we)) the commission
will consider statements and reports including any information
provided by the applicant and other members of the public
((regarding)). The commission may reject or deny an
application for permanent authority if:
(a) ((The applicant's experience in the industry;
knowledge of safety regulations; financial resources and
equipment; compliance with tax, labor, employment, business,
and vehicle licensing laws;
(b) Whether the applicant has been cited for violation of state law or commission rules, has been convicted of a Class A or Class B Felony, or previously has been denied authority on the basis of fitness; and
(c) The results of any compliance reviews, audits, inspection reports, and consumer complaints filed against the applicant.)) The application is incomplete.
(b) The application indicates evidence of fraud.
(c) The applicant filed within six months of a denial of a previous application or within one year of cancellation of a permit under WAC 480-15-320 or 480-15-450 (1)(c) through (f).
(d) The applicant does not have:
(i) Sufficient experience in the industry.
(ii) Sufficient knowledge of safety regulations.
(iii) Sufficient financial resources or equipment.
(iv) Compliance with tax, labor, employment, business and vehicle licensing laws and rules.
(e) The applicant has:
(i) Previously been denied authority canceled by the commission.
(ii) Been convicted of any crime.
(iii) Previously had permit authority canceled by the commission.
(iv) Paid or incurred penalties or received citations for violation of state law or commission rules.
(v) Been subject to other enforcement actions for violation of state law or commission rules.
(f) The results of any compliance reviews, audits, inspection reports and consumer complaints filed against the applicant cause the commission to believe issuing the permit is not in the public interest.
(g) Other circumstances exist that cause the commission to believe issuing the permit is not in the public interest.
(5) When determining if the proposed service is in the
public interest ((we)) the commission will consider statements
and reports, including any information provided by the
applicant((,)) and other members of the public ((supporting))
concerning the proposed service, and whether granting the
permanent authority will:
(a) Enhance choices available to consumers((,)).
(b) Promote a viable yet competitive household goods
industry((, or)).
(c) Fill an unmet need for service((; and
(b))).
(d) Allow ((us)) the commission to more efficiently
regulate the household goods industry((, and)).
(e) Provide increased consumer protection through regulation.
(6) When determining if the proposed service is needed to
satisfy the current or future public convenience and
necessity, ((we)) the commission will consider any information
provided by the applicant, ((shippers,)) customers and other
members of the public ((supporting)) concerning the proposed
service((,)) and any reports relating to the operations
((you)) conducted under temporary authority((,)) including,
but not limited to, the following:
(a) The number of customers ((you)) served((;)).
(b) The nature of the service ((you)) provided((;)).
(c) ((Your)) Customer((s')) satisfaction((; and)).
(d) Statements regarding future need for ((your))
services.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-330, filed 12/15/98, effective 1/15/99.]
(a) A partnership has dissolved due to the death, bankruptcy or withdrawal of a partner and that partner's interest is being transferred to a spouse or to one or more remaining partners.
(b) A shareholder in a corporation has died and that shareholder's interest is being transferred to a surviving spouse or one or more surviving shareholders.
(c) A sole proprietor has died and the interest is being transferred as property of the estate.
(d) An individual has incorporated and the same individual remains the majority shareholder.
(e) An individual has added a partner but the same individual remains the majority partner.
(f) A corporation has dissolved and the interest is being transferred to the majority shareholder.
(g) A partnership has dissolved and the interest is being transferred to the majority partner.
(h) A partnership has incorporated, and the partners are the majority shareholders.
(i) Ownership is being transferred from one corporation to another corporation when both are wholly owned by the same shareholders.
(2) The commission will grant an application for permanent authority without requiring temporary operations after the application has been published on the application docket subject to comment for thirty days if the applicant is fit, willing and able to provide service, the applicant has filed to transfer or acquire control of permanent authority and all of the following conditions exist:
(a) Ownership or control of a permit is being transferred to any shareholder, partner, family member, employee or other person familiar with the company's operations and the household goods moving services provided.
(b) The permit has been actively used by the current owner to provide household goods moving services during the twelve-month period prior to the application.
(c) The application includes a certified statement from the applicant and the current owner explaining why the transfer of ownership or control is necessary to ensure the company's economic viability.
(d) The application includes a certified statement from the applicant and the current owner describing the steps taken by the parties to ensure that safe operations and continuity of service to customers is maintained.
[]
(2) Anyone having an interest in an application appearing
on the docket may file written comments within thirty days
following publication, unless the application is published in
conjunction with a grant of temporary authority. If the
permanent authority application is published in conjunction
with a grant of temporary authority, then comments will be
accepted for one hundred eighty days or the full term of the
temporary permit((s)).
(3) Comments may ((be in the form of statements
supporting or protesting)) either support or protest the
application. Comments must include the commenter's full name,
address, telephone number, ((and should also include a))
e-mail address, fax number and permit number, if available.
Comments ((should)) must be signed and indicate the place and
date when they were signed. Comments must ((state the nature
of your support or protest and address the following issues))
indicate support for, or protest of, the permanent authority
for any one or more of the following reasons:
(a) Fitness((,)).
(b) Public interest((,)).
(c) Levels of service((,)).
(d) Business practices((,)).
(e) Safety((,)).
(f) Operation of equipment((, and)).
(g) Current or future public need for service.
(4) A comment protesting an application ((may)) will not,
on its own, cause the ((application to be set)) commission to
set the matter for a hearing.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-340, filed 12/15/98, effective 1/15/99.]
[Statutory Authority: RCW 80.01.040 and 80.04.160. 03-24-028 (General Order R-510, Docket No. A-010648), § 480-15-350, filed 11/24/03, effective 1/1/04. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-350, filed 12/15/98, effective 1/15/99.]
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-360, filed 12/15/98, effective 1/15/99.]
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-370, filed 12/15/98, effective 1/15/99.]
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-380, filed 12/15/98, effective 1/15/99.]
(2) ((You)) A carrier may not operate under a name that
is similar to ((that of)) another carrier unless one of the
following conditions applies:
(a) The carrier whose name is similar has given ((you))
written permission to use the name((; or)).
(b) The commission authorizes use of the similar name.
Before authorizing use of a similar name, the commission must
first determine that the use of the similar name will not((:
(i))) mislead the shipping public((;)) or
(((ii))) result in unfair or destructive competitive
practices.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-390, filed 12/15/98, effective 1/15/99.]
(2) ((Your name change application)) Carriers must
include the application fee (as shown in WAC 480-15-230),
copies of any corporate minutes authorizing the name
change((,)) and proof that ((you have)) the carrier has
properly registered ((your)) the new name with the department
of licensing, office of the secretary of state((,)) or other
agencies((,)) as may be required.
(3) ((You)) Carriers must file an application to transfer
or acquire control of permanent authority if ((your)) the name
change is the result of a change in ownership or controlling
interest.
(4) ((You)) Carriers may not advertise or operate under
the ((changed)) proposed name change until the commission
approves ((your request)) the application.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-400, filed 12/15/98, effective 1/15/99.]
(2) ((You)) The carrier must send ((your)) its request to
((us)) the commission in writing and include the following
information:
(a) ((Your)) Name, address, and permit number((;)).
(b) The reason for the request (e.g., medical statement,
military orders)((;)).
(c) The date ((you would like the)) voluntary suspension
((to)) is requested to begin((;)).
(d) The length of time ((you)) the carrier will be unable
to use ((your)) the permit((; and)).
(e) A statement that no household goods transportation
will occur under ((your)) the permit while it is suspended.
(3) ((We)) The commission will issue an order suspending
((your)) the permit. The order will set the length of time
and the terms of ((your permit)) suspension.
(4) To activate ((your)) a suspended permit ((you)), a
carrier must send ((us)) the commission a letter advising that
((you are)) it is ready to resume household goods service and
agree to conduct operations in compliance with all laws and
rules. ((You)) The carrier must satisfy any outstanding
filing requirements before ((we)) the commission will issue an
order lifting the suspension.
(5) If ((you do)) the carrier does not activate ((your))
the permit before the suspension period expires, ((your)) the
commission may cancel the permit ((may be canceled)).
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-410, filed 12/15/98, effective 1/15/99.]
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-420, filed 12/15/98, effective 1/15/99.]
(a) ((Failure)) Failing to maintain evidence of required
cargo ((and/or liability)) insurance coverage for all areas of
((your)) its operations((;)).
(b) ((Failure)) Failing to maintain evidence of required
liability insurance coverage for all areas of its operations.
(c) Failing to ((maintain your tariff and/or)) comply
with the rates and rules contained in the commission-published
tariff((;
(c) Failure or refusal to comply with operating standards that protect the public health and/or safety;)).
(d) Failing or refusing to comply with applicable laws and commission rules pertaining to operations of household goods carriers, including safety requirements set in law or rule.
(e) Allowing others to transport goods under ((your)) the
carrier's permit authority. ((See WAC 480-15-380.
(e) Operating in a manner which harms the rights of the shipping public or which constitutes unfair or deceptive business practices. For example: Investigation by the commission's staff representatives upholds numerous consumer complaints related to loss and damage, packing, loading and/or unloading, estimating or billing.))
(f) Committing fraud.
(2) The commission may suspend a permit without an
opportunity for hearing if there is imminent danger to the
public health, safety or welfare((, or)) and there is
insufficient time to conduct a hearing.
(3) The commission will send notice to any carrier of its action to suspend the carrier's permit. The suspension begins on the effective date listed in the notice.
(4) A carrier may contest the suspension of its permit by requesting a hearing or brief adjudicative proceeding. Chapter 480-07 WAC describes the procedures for such hearings.
(5) The commission will lift the suspension of the permit after the carrier corrects all conditions leading to the suspension.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-430, filed 12/15/98, effective 1/15/99.]
(((1) Failure)) (a) Failing to file an annual report or
pay required regulatory fees((;)).
(((2) Failure)) (b) Failing to correct, within the time
frame specified in the suspension order, all conditions that
led to the suspension of ((your)) a permit((;)).
(((3) Continued violations of applicable laws and rules
affecting the public health, safety or welfare when the
commission has reason to believe you would not comply with
those laws and rules following a specified period of
suspension;
(4) Repeated failure or refusal)) (c) Failing or refusing
to comply with applicable laws and commission rules pertaining
to operations of household goods carriers((;)), including
safety requirements set in law or rule.
(((5) Failure)) (d) Failing to supply information
necessary to the commission for the performance of its
regulatory functions when ((requested by)) the commission
requests the carrier to ((provide such information;)) do so.
(((6) Submission of)) (e) Submitting false, misleading or
inaccurate information. ((The commission will hold a hearing
prior to canceling your permit unless your permit is subject
to cancellation because you failed, within the time frame
specified by a suspension order, to correct the causes of the
suspension;
(7))) (f) Allowing others to transport goods under
((your)) the carrier's permit authority ((in violation of WAC 480-15-380)).
(g) Operating in a manner that constitutes unfair or deceptive business practices.
(h) Committing fraud.
(2) The commission will hold a hearing prior to canceling a permit unless the permit is subject to cancellation because the carrier failed, within the time frame specified by a suspension order, to correct the causes of the suspension. In that case:
(a) The commission will send notice to any carrier of the date the commission will cancel a permit. The commission will enter an order canceling the permit thirty days after the service date of the notice.
(b) A carrier may contest the cancellation of its permit by requesting a hearing or brief adjudicative proceeding. Chapter 480-07 WAC describes the procedures for such hearings.
(3) If any permit is canceled the carrier corrects all conditions that led to the cancellation of the permit, the carrier may apply for reinstatement.
(a) To reinstate the permit within thirty days of cancellation, the carrier must file an application for reinstatement and pay the applicable reinstatement fees as stated in WAC 480-15-230.
(b) If the carrier files an application for reinstatement after thirty days of cancellation, the application will be considered in all aspects to be an application for new authority and will be subject to all terms and conditions specified in WAC 480-15-240 for new entrants.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-450, filed 12/15/98, effective 1/15/99.]
(a) ((You)) Carriers must report ((your)) financial
information ((according to the uniform system of accounts
established by the commission for household goods carriers))
as required in the annual report forms.
(b) The commission will mail annual report forms and
instructions to each household goods permit holder at
((their)) its address of record. If ((you do)) a carrier does
not receive an annual report form, it is ((your)) the
carrier's responsibility to contact the commission and request
the form.
(2) ((What is a regulatory fee?)) A regulatory fee is an
annual assessment paid by each household goods carrier to
cover the costs of regulating the household goods industry.
((The maximum regulatory fee is set by law at one-fourth of
one percent of the gross operating revenue generated from your
intrastate transportation of household goods. We may reduce
the fee by general order. Each year we review the costs of
regulating the household goods industry and set the next
year's fee accordingly.)) The commission reviews the costs of
regulating the industry and sets fees proportionate to costs,
although not above the maximum amount allowed by law.
(3) ((How do I calculate my regulatory fee? Your))
Regulatory fees ((is)) are calculated as a percentage of
((your)) intrastate gross operating revenues generated from
the transportation of household goods during the prior
calendar year. For example:
| (( |
|||
| Gross operating revenue | $100,000 | |
| Times the regulatory fee percentage | .0025 | |
| Equals the regulatory fee due | $ 250 |
(4) ((When are my annual report and regulatory fees due?
You)) Carriers must file ((your)) annual reports and pay
((your)) regulatory fees by May 1st of ((the)) each year
((following the calendar year for which you are reporting))
based on the prior year's operations. The commission must
receive both the annual report and the regulatory fee payment
no later than May 1.
(a) ((If you pay your regulatory fee late, we)) The
commission will assess an automatic late fee of two percent of
the amount due, plus one percent interest for each month after
that, for any regulatory fees not received by May 1.
(b) ((If you do not file your annual report and/or do not
pay your regulatory fee, we)) The commission may issue penalty
assessments or cancel ((your)) a carrier's permit ((under the
provisions of WAC 480-15-450)) for failure to pay regulatory
fees or file annual reports.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-480, filed 12/15/98, effective 1/15/99.]
(2) ((How are tariff rates and charges established?
(a) Pursuant to RCW 81.80.130 and 81.80.150,)) The
commission publishes tariffs ((to be used by)) that all
household goods carriers((, or)) must use and allows household
goods carriers to file individual tariffs if the commission
finds it is impractical to ((publish)) include in its
tariff((s)) for certain commodities or services. ((The
commission determines the rates and charges contained in the
tariffs by commission order following notice and hearing. Under RCW 81.80.130, the commission must set fair, just,
reasonable, and sufficient rates and charges. The commission
will do this by setting minimum and maximum rates.
(b) Upon the effective date of these rules, and continuing until such time as the commission, after notice and hearing, determines a different rate level, household goods carriers must assess rates and charges within a band.
(i) The maximum rates and charges must be no more than twenty percent above the rates and charges as published by the commission in Tariff 15A in effect on February 1, 2000.
(ii) The maximum rates and charges established in (b)(i) of this subsection will be adjusted each June 1, through 2005, by an index calculated using the first-quarter implicit price deflator (IPD) of the gross domestic product as follows:
| (( |
||||
(3) ((Who must have tariffs? Each person holding)) All
household goods carriers are required to follow the terms,
conditions, rates and all other requirements imposed by the
commission-published tariff.
(4) The commission will set minimum and maximum rates carriers may charge within the tariff.
(5) Every household goods permit ((authority)) holder
must ((purchase and display)) obtain at least one copy of the
current tariff, and may pay applicable tariff maintenance
fees. Any interested person may purchase a copy by paying the
applicable fees in advance.
(((4) Where must a household goods carrier display its
tariffs? A household goods carrier must display a current
copy of the tariff in its main office and in each billing
office.
(5) Who must charge rates contained in the tariff? All household goods carriers must charge the rates and charges, and comply with the rules contained, in the tariff unless the commission has approved, in writing, deviations from the tariff.
(6) Is the tariff the only publication a household goods carrier needs to use to determine rates? The commission may adopt other publications that will be used to assess rates. If we do, we will notify tariff subscribers of the change.
(7) Where may the public view tariffs? Tariffs are public documents and you must make them available for the public by posting copies at your main office and any billing office. Tariffs are also available for review at our headquarters office.
(8) How much does a tariff cost? The cost of tariffs may change periodically depending on our costs for compiling, printing, distributing, and maintaining them. To find out the current cost, you may contact the commission as described in WAC 480-15-060.
(9) Are copies of current or expired tariff pages available? The commission will supply you with current or expired single tariff pages upon request. Copies of entire expired tariffs, or entire tariffs applicable on a specific date in the past, generally are not available.))
[Statutory Authority: RCW 81.04.160, 81.04.250, 81.28.040, 81.80.090, 81.80.120, 81.80.130, 81.80.290, 81.80.211, and 80.01.040. 00-14-010 (General Order No. R-471, Docket No. TV-991559), § 480-15-490, filed 6/27/00, effective 7/28/00. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-490, filed 12/15/98, effective 1/15/99.]
(2) ((Do I always have to pay full maintenance fees? The
annual maintenance fee is payable in advance on a prorated
basis depending upon the month in which you purchase a tariff.
See the table below:)) The commission may bill any applicable
tariff maintenance fees by December 1 of each year. When
billed, companies and other tariff subscribers must pay the
bill by December 31.
(a) If a tariff subscriber does not have a permit and fails to pay the billed maintenance fee by December 31, the commission may cancel the tariff subscription. To reinstate a subscription, the tariff subscriber must obtain a new original copy of the tariff and pay all applicable maintenance fees.
(b) If a tariff subscriber has a permit and fails to pay billed tariff fees by December 31, the commission may take administrative action against the household goods carrier to suspend or cancel the permit, or to assess penalties.
| (( |
|
(((4) What happens if a tariff subscriber fails to pay
the annual maintenance fees by December 31?))
(a) If a tariff subscriber does not have a permit((,))
and fails to pay the billed maintenance fee by December 31,
((we will)) the commission may cancel the tariff subscription.
To reinstate a subscription, the tariff subscriber must
((purchase)) obtain a new original copy of the tariff and pay
all applicable maintenance fees.
(b) If a tariff subscriber has a permit and fails to pay
billed tariff fees by December 31, ((we)) the commission may
take administrative action against the household goods carrier
to suspend or cancel the permit, or to assess penalties.
(((5) Am I entitled to a refund if I cancel my tariff
subscription? If you cancel your tariff subscription and send
us a written request we will refund your prepaid tariff
maintenance fees. We base refunds on a prorated formula of
one-twelfth the amount of the fee prepaid, times the number of
whole months remaining in the calendar year.))
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-500, filed 12/15/98, effective 1/15/99.]
(2) ((How do I propose changes to the tariff?))
Companies must send all proposed changes ((must be sent)) to
the commission's mailing address ((and)). Proposed changes
must meet all of the following:
(a) Be in writing((;)).
(b) Identify the ((rates, rules, or classifications))
tariff item to be changed((;)).
(c) Fully describe the proposed change((;)).
(d) State clearly the reason(s) for the proposed
change((;)).
(e) Include any information or documents that justify the
proposed change (the person proposing the change must prove
the change is just and reasonable)((; and)).
(f) Identify the name, address, title, telephone number, e-mail address, permit number and fax number (if any) of the person we should contact regarding the proposal.
(3) ((How does the commission consider proposals for
tariff changes?)) When ((we)) the commission receives a
proposed tariff change ((we)), it will:
(a) Assign a docket number((;)).
(b) Schedule each docketed proposal for tariff change for
consideration at ((one of our)) a regularly scheduled open
public meeting((s)). ((The commission may approve the
proposed changes, or suspend them and set them for hearing;))
(c) Notify ((you and)) other interested persons of the
date when ((we)) it will consider the tariff change((; and)).
(d) If the application for tariff change is suspended,
the commission will process ((each)) the application ((for
tariff change)) under the procedures set forth in chapter 480-07 WAC.
(4) ((When do approved changes become effective? Changes
we approve)) Approved changes are not effective until ((we))
the commission publishes and distributes a revised tariff page
with a stated effective date. ((We will identify the
effective date of the change on the revised page.))
[Statutory Authority: RCW 80.01.040 and 80.04.160. 03-24-028 (General Order R-510, Docket No. A-010648), § 480-15-510, filed 11/24/03, effective 1/1/04. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-510, filed 12/15/98, effective 1/15/99.]
(a) A cover letter requesting permission ((from us)) to
publish and file an individual tariff. The letter must
describe the reasons ((you)) the carrier believes permission
should be granted. ((Your)) The letter should state the
reasons ((you believe)) it is impractical for ((us)) the
commission to publish a tariff for the commodities or services
contained in ((your)) the proposed tariff.
(b) Two copies of ((your)) the proposed tariff. ((Your))
The proposed tariff must comply with the tariff drafting
standards in chapter 480-149 WAC (((Tariff Circular No. 6). You may request a copy of chapter 480-149 WAC from our records
management section)). The proposed tariff must contain all
rates, charges, and rules ((you)) the company will ((be
using)) use if ((we grant you permission)) granted approval to
publish and file an individual tariff.
(c) Data showing that the rates and charges contained in
the proposed tariff are fair, just, reasonable((,)) and
sufficient.
(2) ((How are individual carrier filed tariffs processed?
(a) We review individual carrier filed tariffs:
(i) For compliance with laws and rules relating to content and format;
(ii) To ensure rates are fair, just, reasonable, and sufficient; and
(iii) For reasonableness and accuracy.
(b) If tariffs are incomplete or do not comply with laws and rules, staff will discuss the issues with the carrier and require that corrected tariffs be filed.
(c) When an individual carrier filed tariff is approved, the commission will issue an order stating the date on which the rates become effective. One copy of the tariff marked "approved" will be returned with the order.
(3) How does the commission consider proposals to amend individual carrier filed tariffs? When we receive your proposed tariff amendment we will:
(a) Assign a docket number;
(b) Schedule each proposed tariff amendment for consideration at one of our regularly scheduled open public meetings. The commission may approve the proposed amendment, or suspend them and set them for hearing;
(c) Notify you and other interested persons of the date when we will consider the tariff proposed amendment;
(d) Process your proposed tariff amendment under the procedures established in chapter 480-07 WAC; and
(e) Notify you of the disposition of your proposed tariff amendment. If the filing is approved, we will notify you of the date upon which the tariff amendment becomes effective.
(4) What happens if I don't charge the rates and charges in my tariff? You are subject to administrative action (see WAC 480-15-130(3)) if you charge rates or charges different from those contained in your tariff.)) When an individual carrier filed tariff is approved, the commission will issue an order stating the date on which the rates become effective. The commission will return one copy of the tariff marked "approved" to the company.
[Statutory Authority: RCW 80.01.040 and 80.04.160. 03-24-028 (General Order R-510, Docket No. A-010648), § 480-15-520, filed 11/24/03, effective 1/1/04. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-520, filed 12/15/98, effective 1/15/99.]
(a) ((Your)) The policy must be written by an insurance
company authorized to write insurance in Washington state.
(b) ((Your)) The policy must include the Uniform Motor
Carrier Bodily Injury and Property Damage Liability
Endorsement, Form F.
(c) ((If you operate motor vehicles without the required
insurance coverage you will be subject to immediate compliance
action as described in WAC 480-15-430.)) The commission will
suspend for thirty days and then eventually cancel any carrier
operating without proof of required insurance coverage.
(2) ((What are the minimum insurance limits?)) The
minimum limits of required public liability and property
damage insurance for motor vehicles operated by household
goods carriers are as follows:
(a) At least three hundred thousand dollars in combined
single limit coverage for motor vehicles with a gross vehicle
weight rating of less than ten thousand pounds ((must have at
least three hundred thousand dollars in combined single limit
coverage)).
(b) At least seven hundred fifty thousand dollars in
combined single limit coverage for motor vehicles with a gross
vehicle weight rating of ten thousand pounds or more ((must
have at least seven hundred fifty thousand dollars in combined
single limit coverage)).
(3) ((Am I required to file proof of insurance? Yes,
you)) Carriers must file a Uniform Motor Carrier Property
Damage and Public Liability Certificate of Insurance (Form E)
as a condition of maintaining ((your)) a household goods
permit.
(a) ((The Form E is a standard motor carrier insurance
form recognized by the insurance industry. In most cases your
insurance agent must request that the insurance company file
the Form E with us.
(b) Your)) The Form E filing must be issued in exactly
the same name as ((your)) the carrier's permit.
(((c) Your)) (b) The Form E filing must be continuous,
until canceled by a Notice of Cancellation (Form K) filed with
((us)) the commission no less than thirty days before the
cancellation effective date.
(((d) You)) (c) Carriers may file a Uniform Motor Carrier
Property Damage and Public Liability Surety Bond (Form G)
instead of the Form E.
(4) ((May I file an insurance binder? We)) The
commission will accept an insurance certificate or binder for
up to sixty days. A certificate or binder may be canceled by
filing written notice with ((us)) the commission at least ten
days before the cancellation effective date. A certificate or
binder must be replaced by a Form E within sixty days of
filing, or before the expiration date, whichever occurs first.
(a) Certificates or binders must ((show)) include all of
the following:
(i) The commission as the named certificate holder((;)).
(ii) ((Your)) The carrier's name, exactly as it appears
on ((your)) the permit or application, as the insured((;)).
(iii) The insurance company name((;)).
(iv) The insurance policy number((;)).
(v) The effective and expiration dates((; and)).
(vi) The insurance limits of coverage.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-530, filed 12/15/98, effective 1/15/99.]
(2) ((What are the minimum cargo insurance limits?)) The
minimum limits of required cargo insurance are:
(a) Ten thousand dollars for household goods transported in motor vehicles with a gross vehicle weight rating of less than ten thousand pounds.
(b) Twenty thousand dollars for household goods transported in motor vehicles with a gross vehicle weight rating of ten thousand pounds or more.
(3) ((Am I required to file proof of cargo insurance? No, you are not required to file)) Carriers must provide proof
of ((your)) required cargo insurance ((with us)) when they
apply for a permit. ((You)) In addition, carriers must have
proof of cargo insurance at ((your)) their main office
available for inspection by commission representatives.
(4) The commission may suspend and eventually cancel the permit of any carrier operating without required cargo insurance coverage.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-550, filed 12/15/98, effective 1/15/99.]
(a) ((Maintained)) Maintain all vehicles in a safe and
sanitary condition((;)).
(b) Maintain vehicles free of defects likely to result in
an accident or breakdown((; and)).
(c) ((Made)) Maintain vehicles consistent with the North
American Uniform Out Of Service Criteria as adopted in WAC 480-15-999.
(d) Make vehicles available for inspection by commission representatives.
((All motor vehicles having safety defects likely to
result in an accident or breakdown will be placed
out-of-service and taken off the road until such time as all
out-of-service defects have been repaired and the motor
vehicle is safe to operate.
(2) How does the commission enforce these requirements? Commission representatives conduct inspections of motor vehicles and safety operations. These representatives may place out-of-service any motor vehicle having a defect defined in the North American Uniform Out-Of-Service Criteria as adopted in WAC 480-15-999. No motor vehicle which has been placed out-of-service may be operated until all out-of-service defects are repaired and the motor vehicle is safe to operate.
(3) How must a household goods carrier identify its motor vehicles?)) (2) A household goods carrier must display its permit name and number, as registered with the commission, on both the driver and passenger doors of all power units.
(a) All markings on the power unit must be:
(i) Clearly legible((;)).
(ii) No less than three inches high((;)).
(iii) In a color that contrasts with the background
color((; and)).
(iv) Permanent. Exception: ((You)) Carriers may use
temporary markings on vehicles ((you are operating)) operated
under a lease.
(b) ((If you have)) Carriers with both intrastate and
interstate authority((, you)) must display either ((your)) the
commission permit number, federal permit number((,)) or
both((,)) on the power unit.
(((4) What vehicle safety laws and rules must a household
goods carrier follow?
(a) You)) (3) Carriers must comply with all of the following requirements:
(((i))) (a) All state and local motor vehicle safety laws
and rules including, but not limited to, those contained in
this chapter((;)).
(((ii))) (b) The following parts of Title 49 of the Code
of Federal Regulations (49 CFR), as adopted by reference in
this chapter on the date specified in WAC 480-15-999:
(((A))) (i) 49 CFR Part 390: Safety Regulations,
General; except the following definitions will apply:
(((I) The terms "exempt motor carrier," "motor carrier,"
"motor vehicle," and "private carrier" have the meanings
assigned to them in this chapter;
(II) The term "commercial motor vehicle" means any motor vehicle used by a household goods carrier to transport household goods, if either the vehicle has a gross vehicle weight rating or gross combination weight rating of ten thousand one pounds or more; or if the gross vehicle weight or gross combination weight is ten thousand one pounds or more;
(III) Whenever the term "director" is used, it shall mean the commission.
(B))) (A) Exempt motor carrier: Any person operating a motor vehicle exempt from certain provisions of RCW Title 81 as defined in RCW 81.80.040.
(B) Motor carrier: Any common carrier, exempt carrier and private carrier as defined in WAC 480-15-020.
(C) Motor vehicle: Any vehicle, machine, tractor, trailer or semi-trailer propelled or drawn by mechanical power, or any combination of such vehicles, used on the public roads to transport household goods.
(D) Private carrier: Persons who transport their own household goods, transport household goods bought or sold by them or transport household goods purely as an incidental adjunct to an established business.
(E) Commercial motor vehicle: Any motor vehicle used by a household goods carrier to transport household goods, if either the vehicle has a gross vehicle weight rating or gross combination weight rating of ten thousand one pounds or more or if the gross vehicle weight or gross combination weight is ten thousand one pounds or more.
(F) Director: The commission.
(ii) 49 CFR Part 392: Driving of Commercial Motor
Vehicles((;)).
(((C))) (A) 49 CFR Part 393: Parts and Accessories
Necessary for Safe Operation((; and)).
(((D))) (B) 49 CFR Part 396: Inspection, Repair, and
Maintenance.
(((b) If you fail to comply with these laws and rules,
the commission may issue a citation to you, place your vehicle
out-of-service, and/or initiate an administrative proceeding
against you. See WAC 480-15-130(3).
(5) Are household goods carriers required to equip their motor vehicles with antispray devices (mud flaps)?
(a) Yes,)) (C) All motor vehicles must be equipped with mud flaps which effectively reduce the spray or splash of water from the road.
(((b))) (D) Mud flaps must be as wide as the tires on
which they are mounted, and must extend from the top of the
tires down to at least the center of the axle.
[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-15-560, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 81.04.160, 81.04.250, 81.28.040, 81.80.090, 81.80.120, 81.80.130, 81.80.290, 81.80.211, and 80.01.040. 00-14-010 (General Order No. R-471, Docket No. TV-991559), § 480-15-560, filed 6/27/00, effective 7/28/00. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-560, filed 12/15/98, effective 1/15/99.]
(a) ((Driver's licensing;
(b) Background and character;
(c) Physical qualifications;
(d) Hours of service; and
(e) Controlled substances and alcohol use testing.
(2) How does the commission enforce those requirements? Commission representatives inspect driver and company safety records and documents to determine compliance with these rules. Additionally, the representatives may contact drivers during the course of investigations, inspections, or other routine commission business. The representatives may order out-of-service any driver meeting the conditions defined in the North American Uniform Out-Of-Service Criteria as adopted in WAC 480-15-999. No driver who has been placed out-of-service may operate a commercial motor vehicle until all conditions which caused the driver to be placed out-of-service are corrected.
(3) Driver qualification requirements.
(a) You must comply with:
(i))) All state and local laws and rules governing driver
safety, including, but not limited to, the rules in this
chapter((;
(ii))).
(b) The North American Uniform Out Of Service Criteria as adopted in WAC 480-15-999.
(c) The following parts of Title 49 of the Code of Federal Regulations (49 CFR), as adopted by reference in this chapter on the date specified in WAC 480-15-999:
(((A))) (i) 49 CFR Part 390: Safety Regulations,
General; except the following definitions will apply:
(((I) The terms "exempt motor carrier," "motor carrier,"
"motor vehicle," and "private carrier" have the meanings
assigned to them in this chapter;
(II) The term ")) (A) Exempt motor carrier: Any person operating a motor vehicle exempt from certain provisions of RCW Title 81 as defined in RCW 81.80.040.
(B) Motor carrier: Any common carrier, exempt carrier and private carrier as defined in WAC 480-15-020.
(C) Motor vehicle: Any vehicle, machine, tractor, trailer or semi-trailer propelled or drawn by mechanical power, or any combination of such vehicles, used on the public roads to transport household goods.
(D) Private carrier: Persons who transport their own household goods, transport household goods bought or sold by them or transport household goods purely as an incidental adjunct to an established business.
(E) Commercial motor vehicle((" means)): Any motor
vehicle used by a household goods carrier to transport
household goods, if either the vehicle has a gross vehicle
weight rating or gross combination weight rating of ten
thousand one pounds or more((;)) or if the gross vehicle
weight or gross combination weight is ten thousand one pounds
or more((;
(III) Whenever the term ")).
(F) Director((" is used, it shall mean)): The
commission.
(((B))) (ii) 49 CFR Part 382: Controlled Substance and
Alcohol Use and Testing((;)).
(((C))) (iii) 49 CFR Part 383: Commercial Driver's
License Standards; Requirements and Penalties((;)).
(((D))) (iv) 49 CFR Part 391: Qualification of
Drivers((; and)).
(((E))) (v) 49 CFR Part 395: Hours of Service of
Drivers.
(((b) If you, or your driver, fail to comply with any
driver safety law or rule, we may issue a citation to you or
your driver, place your driver out-of-service, and/or initiate
an administrative proceeding against you. See WAC 480-15-130(3).
(4) Exceptions to the requirements in this rule. The following exceptions apply:
(a) If your)) (2) Operations that are exclusively ((in))
intrastate commerce((, you)) are not subject to the following
provisions:
(((i))) (a) 49 CFR Part 391.11 (b)(1): Minimum age
requirements. The minimum age for drivers of motor carriers
operating solely intrastate is eighteen years of age rather
than the twenty-one years of age required to operate in
interstate commerce.
(((ii))) (b) 49 CFR Part 391.49: Waiver of certain
physical defects. This part does not apply if the driver has
obtained from the Washington department of licensing a
driver's license with endorsements and/or restrictions
allowing operation of the motor vehicle they are driving.
(((b) If you are a single vehicle owner-operator and your
operations are solely intrastate, you are not subject to the
following provisions:
(i) 49 CFR Part 391.21: Application for Employment;
(ii) 49 CFR Part 391.23: Investigation and Inquiries;
(iii) 49 CFR Part 391.25: Annual Review of Driving Record;
(iv) 49 CFR Part 391.27: Record of Violations;
(v) 49 CFR Part 391.31: Road Test; and
(vi) 49 CFR Part 391.33: Equivalent of Road Test.))
[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-15-570, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 81.04.160, 81.04.250, 81.28.040, 81.80.090, 81.80.120, 81.80.130, 81.80.290, 81.80.211, and 80.01.040. 00-14-010 (General Order No. R-471, Docket No. TV-991559), § 480-15-570, filed 6/27/00, effective 7/28/00. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-570, filed 12/15/98, effective 1/15/99.]
(a) File a completed ((in its entirety (we will reject
and return incomplete forms);)) form provided by the
commission or use an alternate form containing the same
information.
(b) ((Signed by both parties;)) Sign the form and ensure
the lessor signs the form.
(c) ((Submitted in duplicate (we will return one approved
copy to you);)) Submit two copies to the commission.
(d) Clearly ((marked)) mark "master lease" if ((you)) the
carrier intends ((it to be used as such in lieu)) to use a
master lease instead of submitting individual leases((; and
(e) Submitted through any means identified in WAC 480-15-060)).
(2) ((We may institute administrative action as described
in WAC 480-15-130(3) against any household goods carrier who
operates leased motor vehicles without first having obtained
commission approval.
(3) You are)) A carrier is not required to file a lease for approval on an emergency substitution of a disabled vehicle.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-590, filed 12/15/98, effective 1/15/99.]
(1) A copy of the approved lease is carried in all leased
motor vehicles((;)).
(2) Copies of all approved leases are kept in ((your))
the carrier's permanent files for at least one year after the
lease expires((;)).
(3) ((You)) The carrier gives a copy of the approved
lease to the owner of the leased motor vehicle((;)).
(4) ((You have complete)) The carrier takes possession,
control and use of the motor vehicle during the period of the
lease agreement((;)).
(5) ((You provide)) The carrier maintains insurance on
the leased motor vehicle as specified in WAC 480-15-530
and((/or)) 480-15-550((;)).
(6) ((You)) The carrier properly ((identify)) identifies
the motor vehicle as specified in ((WAC 480-15-560(3);)) RCW 81.80.305.
(7) The carrier charges appropriate tariff rates and
charges ((are billed and collected;)).
(8) The driver of the leased motor vehicle is on ((your))
the carrier's payroll during the leased period((;)).
(9) ((You comply)) The carrier complies with all safety
rules((;)).
(10) ((You)) The carrier and the owner of the leased
motor vehicle specify on the lease form who is responsible for
all expenses relating to the leased motor vehicles((; and)).
(11) ((You comply)) The carrier complies with the terms
of the approved lease.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-600, filed 12/15/98, effective 1/15/99.]
(a) Advertisements in telephone books, newspapers, correspondence, cards, or any other written document.
(b) Signs, posters or similar displays.
(c) Web sites or other on-line advertising.
(2) ((You may only advertise services authorized by your
permit.)) Advertisements may not be misleading, false or
deceptive.
(3) ((You)) Carriers may advertise services ((you
provide)) provided as an agent of, or connecting carrier to,
another household goods carrier if ((you)) they include the
name and permit number of the other household goods carrier in
((your)) their advertising.
(4) ((You must)) Carriers may not advertise services or
rates and charges that conflict with those in the tariff.
(((5) If you violate these advertising rules we may
assess a penalty of up to five hundred dollars for each
violation, or initiate other administrative action. See WAC 480-15-130(3).))
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-610, filed 12/15/98, effective 1/15/99.]
(((a) At the time you issue a written nonbinding
estimate;
(b) At the time you issue a written binding estimate;
(c) If you issue neither a written estimate or a written nonbinding estimate, prior to loading the shipment; or
(d) Upon request, by the customer.
(2) The brochure is available from the commission and contains consumer information about selecting a moving company, estimates, rates and tariff charges, payment terms, change orders, supplemental estimates, preparing articles for shipment, valuation protection for loss and damage of goods, expedited service, small shipments, temporary storage, bill of lading contracts, loss and damage claims, informal complaints, and formal complaints. The commission may also present information in different formats for various media (printed materials, on-line materials, fact sheets, brochures, etc.).)) (2) The language contained in the publication is prescribed by the commission and may not be changed by the carrier.
(3) The commission will provide carriers the prescribed language but will not provide copies of the publication. Carriers are responsible for making sufficient copies for their needs.
(4) Carriers may access the prescribed language through the commission's web site at www.utc.wa.gov or by contacting the commission at 360-664-1222.
[Statutory Authority: RCW 81.04.160, 81.04.250, 81.28.040, 81.80.090, 81.80.120, 81.80.130, 81.80.290, 81.80.211, and 80.01.040. 00-14-010 (General Order No. R-471, Docket No. TV-991559), § 480-15-620, filed 6/27/00, effective 7/28/00. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-620, filed 12/15/98, effective 1/15/99.]
(1) A nonbinding estimate which is based on an inventory of the customer's goods and provides the customer with a pricing guideline. There is no contractual commitment to this estimate, and the final charges the customer must pay could be higher or lower than the estimated cost, depending on the actual weight of the shipment, the total time consumed, or physical location at the origin and destination, or other conditions of the move; or
(2) A binding estimate which allows the customer to know in advance what the move will cost, regardless of differences in the actual weight or time to complete the move.
(a) The basis (such as inventory sheets, tally sheets, special instructions, etc.) used to provide a binding estimate must be attached to the bill of lading.
(b) Any change to the move, by the customer, that results in an increase in cost must be documented on a supplemental estimate form which also must be attached to the bill of lading.
(c) A binding estimate cannot exceed the highest authorized tariff rate. If a binding estimate exceeds the highest tariff rate, the carrier may not collect more than the highest authorized tariff rate.)) Every carrier is required to provide a written estimate to every customer prior to moving a shipment of household goods and must issue a written supplemental estimate when required by commission rule or tariff. The carrier must provide estimates by following the requirements set in the commission-published tariff covering household goods movers. The initial estimate may be a binding or nonbinding estimate.
(1) A binding estimate is the promise of a guaranteed cost of a move from the carrier to the customer. The carrier is bound to charge only the amount of the estimate and no more.
(2) A nonbinding estimate is an estimate of the amount the carrier will charge to move a customer's household goods. The customer may pay charges in excess of the estimate.
(3) A supplemental estimate is in addition to any other estimate. A supplemental estimate is required if the circumstances surrounding the move change in a way that causes rates or charges to increase. The customer must accept and sign the supplemental estimate prior to additional work being performed.
(4) A carrier may provide the hourly rate it charges and the amount of time it believes it will take to make the move. A carrier may provide the rate per unit of weight it charges and the total weight it believes a shipment weighs. However, the carrier must provide a written binding or nonbinding estimate before making the move.
(5) A carrier may not conduct a move until it has visually inspected the goods to be shipped, unless the customer completes a web site calculation or hard-copy calculation sheet as described in subsection (6) of this section, and the carrier has provided a written binding or nonbinding estimate to the customer.
(6) A carrier may provide an estimate based on a customer-completed web site calculation or customer completed hard-copy calculation sheet if:
(a) The estimate contains all of the elements required by the tariff.
(b) The customer electronically "signs" the information provided on the web site by entering the customer's name and the date the information was filled out on the screen. The date must be present and must be entered by the customer.
(c) The carrier provides the customer with a current copy of the brochure "Your Guide to Moving in Washington State."
(d) The estimate discloses at the web site or on the hard-copy calculation sheet that:
(i) The estimate is not binding.
(ii) The cost of the move may exceed the estimate.
(iii) The customer will be required to pay up to one hundred ten percent of the estimate upon delivery. Carriers must allow customers at least thirty days from the date of delivery to pay amounts in excess of the one hundred ten percent.
(iv) The customer is not required to pay more than one hundred twenty-five percent of the estimate regardless of the total cost unless the carrier issues and the customer accepts a supplemental estimate.
(7) The carrier must complete the estimates as required by tariff.
(8) All written estimates must be signed and dated by both the carrier and customer prior to the move.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-630, filed 12/15/98, effective 1/15/99.]
(2) ((What rates must a household goods carrier use to
prepare a supplemental estimate?)) When providing a
supplemental estimate ((you must)), a carrier may not apply a
higher rate to the articles and services identified in the
original estimate. ((You)) A carrier may choose to use a
higher rate for new services or additional articles not
included in the original estimate.
(3) ((Must the customer sign the supplemental estimate? Yes,)) The carrier must complete the supplemental estimate as
required by tariff.
(4) The carrier and the customer must sign the
supplemental estimate ((or)) prior to the additional work
((cannot be)) being performed.
[Statutory Authority: RCW 81.04.160, 81.04.250, 81.28.040, 81.80.090, 81.80.120, 81.80.130, 81.80.290, 81.80.211, and 80.01.040. 00-14-010 (General Order No. R-471, Docket No. TV-991559), § 480-15-660, filed 6/27/00, effective 7/28/00. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-660, filed 12/15/98, effective 1/15/99.]
(2) The carrier must issue a bill of lading for each shipment of household goods it transports and must give the customer a completed copy of the bill of lading used for the customer's shipment.
(3) The carrier must include the information in a bill of lading as described in the commission's tariff.
(4) The carrier must keep the bill of lading and all associated documents for three years from the date the move was completed.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-710, filed 12/15/98, effective 1/15/99.]
(2) You must obtain a certified tare weight prior to loading the shipper's goods;
(3) You must obtain a certified loaded weight at the point of origin, or:
(a) If no certified scale is available at the point of origin, you may obtain the loaded weight at the first certified scale located along the route of travel to the destination point; or
(b) If no certified scale is available at the point of origin, at a point along the route to the destination, or at the destination point, you may use the constructive weight of the shipment;
(4) You must obtain a weight or scale ticket from the weighmaster or scale for the tare and loaded weights, and you must maintain a copy of those tickets with the bill of lading for the shipment. The weight ticket must include substantially the same information shown below:
| (( |
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Carriers must follow the requirement of the tariff as it
applies to weight of the shipment.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-750, filed 12/15/98, effective 1/15/99.]
(1) The carrier must provide the ((shipper)) customer
with all information and forms necessary to file a complaint
or claim.
(2) The ((shipper has)) customer must file any and all
claims for loss or damage within nine months from the actual
delivery date ((or the date the household goods should have
been delivered, to file a claim for loss and damage)). In the
case of failure to make delivery, the claim must be filed
within nine months after the originally scheduled delivery
date.
(3) Claims must contain sufficient information to identify the property involved. A copy of the bill of lading must accompany the claim.
(4) The ((shipper)) customer must pay all proper charges
for the move prior to filing a claim for loss or damage.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-800, filed 12/15/98, effective 1/15/99.]
(1) Notify the customer, in writing, within ten working
days that ((you have)) it has received the claim or
complaint((;)) and advise the customer of the availability of
the commission for further review by providing the
commission's toll-free number and mailing address:
1-800-562-6150; P.O. Box 47250, Olympia, Washington
98504-7250.
(2) Investigate the ((claim or)) complaint ((quickly;))
or claim.
(3) Advise the ((shipper)) customer of ((your)) the
resolution((; and)) of the complaint or claim in writing.
(4) If it is a loss or damage claim, pay the claim,
refuse the claim, or make a compromise offer within ((one
hundred twenty)) ninety days.
(a) If the carrier cannot resolve a loss or damage claim within ninety days, it must, for each thirty-day period thereafter until the claim is settled, inform the customer, in writing, of the reason it failed to resolve the claim or clearly state its final offer or denial and close the claim and advise the customer of the availability of the commission for further review by providing the commission's toll-free number and mailing address: 1-800-562-6150; P.O. Box 47250, Olympia, Washington 98504-7250.
(b) Maintain a copy of the written correspondence required in (a) of this subsection in the complaint or claim file for three years, as directed by WAC 480-15-830.
(5) The carrier may satisfy any claim by reimbursing the customer or repairing or replacing the property lost or damaged with materials of like kind, quality, and condition.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-810, filed 12/15/98, effective 1/15/99.]
(((2) You must keep all records of complaints in your
office for not less than three years after the date of the
shipment, or date of resolution, whichever is later.)) (1) The
date the claim or complaint was received.
(2) The name, address and telephone number of the customer.
(3) Detailed information about the dispute.
(4) Details of any action the carrier has taken in response to the claim or complaint.
(5) The date the claim or complaint was resolved and a description of the final resolution.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-830, filed 12/15/98, effective 1/15/99.]
(1) ((Respond with complete investigation results))
Provide its initial response to commission staff within five
business days from the date commission staff referred the
complaint to the carrier. The carrier's response must include
the results of its investigation into the informal complaint
and any document related to the move requested by staff.
((However, small businesses, as defined in WAC 480-15-020,
must respond within ten business days. In addition, any
person)) The carrier may request and commission staff may
((grant)) allow, if warranted, an extension ((of time for a
specific number of days;)) to the initial response due date.
(2) Respond to commission staff inquiries ((regarding))
requesting additional information or documentation relevant to
the informal complaint((; and)) within five business days.
(3) Keep ((the)) commission staff currently informed of
any progress made in resolving ((the complaint)) a claim for
loss or damages not resolved within the first ninety-day
period of the claim by informing staff in writing, for each
thirty-day period thereafter, of the reason for failure to
resolve the claim.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-890, filed 12/15/98, effective 1/15/99.]
(((a))) (1) Obtained the appropriate operating authority
from the U.S. Department of Transportation (USDOT) or its
successor agency, if operating as a registered carrier((;)).
(((b))) (2) Obtained valid insurance as required by
USDOT((;)).
(((c)(i) Registered with a base state as required by 49
CFR Part 1023, if operating as a registered carrier; or
(ii) Registered with the commission if operating as a registered exempt carrier; and
(d) Paid the annual Washington state registration fee for the vehicle.
(2) Applicable laws and rules:
(a) When conducting interstate operations, registered and registered exempt carriers and the motor vehicles they operate must comply with the laws and rules that apply to interstate operations.
(b) When conducting Washington intrastate operations, registered and registered exempt carriers and the motor vehicles they operate must comply with the laws and rules that apply to intrastate operations)) (3) Participated in any program administered by the commission for registering, paying fees or otherwise regulating interstate motor freight carriers as provided by USDOT or its successor agency.
[Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-900, filed 12/15/98, effective 1/15/99.]
The following sections of the Washington Administrative Code are repealed:
| WAC 480-15-060 | How may I contact the commission? |
| WAC 480-15-070 | Where is the commission located? |
| WAC 480-15-080 | How do I file documents with the commission? |
| WAC 480-15-090 | May I submit information to the commission confidentially? |
| WAC 480-15-100 | What form of payment does the commission accept? |
| WAC 480-15-110 | If I change my business address or telephone number, must I notify the commission? |
| WAC 480-15-120 | What rules apply to commission proceedings? |
| WAC 480-15-130 | What is the commission's compliance policy? |
| WAC 480-15-140 | How will the commission enforce this chapter? |
| WAC 480-15-150 | Why would the commission take administrative action? |
| WAC 480-15-160 | What sanctions apply to carriers operating without valid permits? |
| WAC 480-15-170 | What is a household goods permit? |
| WAC 480-15-195 | When will my existing household goods permit be reissued? |
| WAC 480-15-200 | Are there areas I may operate without a permit? |
| WAC 480-15-210 | Are there different kinds of household goods permits? |
| WAC 480-15-220 | How do I apply for a permit? |
| WAC 480-15-240 | How may a new entrant obtain authority? |
| WAC 480-15-250 | What is the process to expand the authority in an existing permit? |
| WAC 480-15-260 | Exceptions to the application process. |
| WAC 480-15-300 | What conditions may be attached to my temporary authority? |
| WAC 480-15-440 | What happens if my permit is suspended for cause? |
| WAC 480-15-460 | What happens if my permit is canceled for cause? |
| WAC 480-15-470 | Rule books. |
| WAC 480-15-540 | What happens if my insurance filing is canceled? |
| WAC 480-15-580 | Accident reporting. |
| WAC 480-15-640 | Verbal estimates. |
| WAC 480-15-650 | Form of estimates. |
| WAC 480-15-670 | Exceptions for nonbinding estimates. |
| WAC 480-15-680 | Am I required to provide an accurate estimate? |
| WAC 480-15-690 | What will happen if I underestimate a household goods move? |
| WAC 480-15-700 | What are the commission's guidelines in deciding to assess monetary penalties for underestimating? |
| WAC 480-15-720 | Who must issue bills of lading? |
| WAC 480-15-730 | What is the format for bills of lading? |
| WAC 480-15-740 | Information required on a bill of lading. |
| WAC 480-15-760 | What are my responsibilities to notify the shipper of the actual weight and charges for the shipment? |
| WAC 480-15-770 | Must I reweigh the shipment at the point of delivery if the shipper requests it? |
| WAC 480-15-780 | When may I refuse to provide service to a shipper? |
| WAC 480-15-790 | When must I not refuse service? |
| WAC 480-15-795 | Payment options. |
| WAC 480-15-820 | What must I do if I cannot resolve a claim within one hundred twenty days? |
| WAC 480-15-840 | Are complaint or claim records subject to commission review and in what order must I keep the records? |
| WAC 480-15-850 | What additional requirements exist if a claim involves more than one carrier? |
| WAC 480-15-860 | What information must be included in the claim or complaint record? |
| WAC 480-15-870 | What must I do if, after review, the shipper is still dissatisfied with the resolution of the complaint or claim? |
| WAC 480-15-880 | Must I respond to all written correspondence, complaints and claims? |
| WAC 480-15-910 | How do I register as a registered carrier? |
| WAC 480-15-920 | How do I register as a registered exempt carrier? |
| WAC 480-15-930 | Registration fee and receipts. |
| WAC 480-15-940 | Insurance requirements for interstate operations. |