291 Neb. Admin. Code, ch. 3, § 013

Current through September 17, 2024

Section 291-3-013 - LICENSEES

013.01APPLICABILITY OF RULES: The rules and regulations found in Chapter 3, Sections 001 through 011 of Title 291 of the Nebraska Administrative Code will apply to motor carriers granted a license to transport household goods or passengers that are employees of railroad carriers where specified. If there is a conflict between Chapter 3, Sections 001 through 011 of Title 291 of the Nebraska Administrative Code and these rules regarding the regulation of licensees, these rules and regulations will apply.

013.02REQUIREMENTS FOR AN EFFECTIVE AUTHORITY:

013.02A A license will be issued by the Commission to any qualified applicant upon completion of the following:

013.02A1 Payment of a license fee required under Neb. Rev. Stat. § 75-304.03 and 75-304.04;

013.02A2 Filing of Commission required insurance documents; and

013.02A3 Filing of required application form.

013.03APPLICATION: The application for initial and renewal licenses to transport household goods or passengers that are employees of railroad carriers must be filed on forms provided by the Commission.

013.03A The application for a license will be in writing, under oath, and submitted to the Commission.

013.03B A duly authorized official of the applicant who possesses the full power and authority to make binding representations on the applicant's behalf will subscribe to the oath on the application.

013.03C The application will contain the following:

013.03C1 The legal name of the applicant;

013.03C2 The applicant's principal place of business in the State of Nebraska, mailing address, telephone number, and email address;

013.03C3 USDOT number issued by the Federal Motor Carrier Safety Administration;

013.03C4 A copy of the articles of incorporation, organization, or certification to transact business from the Nebraska Secretary of State;

013.03C5 The name, address, telephone number, and email address for applicants designated agent for service of process;

013.03C6 The applicants current list of vehicles to be used to provide transportation services pursuant to the license;

013.03C7 A copy of the applicants fingerprint-based statewide background check report conducted by the Nebraska State Patrol or, if applicant is not a Nebraska resident, a copy of the applicants fingerprint-based statewide background check report conducted by an agency authorized to perform such statewide background check reports; and

013.03C8 A statement that the applicant agrees to adhere to the statutes of Nebraska, and the rules and regulations of the Commission.

013.04 A license issued by the Commission will be valid for one year and may be renewed annually for a fee required under Neb. Rev. Stat. $ 75-304.03 and 75-304.04.

013.04A A license may be suspended or revoked by the Commission after notice and hearing for failure to comply with Neb. Rev. Stat. § 75-307, any rule or regulation adopted and promulgated by the Commission, or any lawful order of the Commission.

013.05INSURANCE: The applicant must ensure proof of adequate coverage by insurance or bond is filed with the Commission in minimum levels of financial responsibility and on such forms prescribed by Rule 003.03 and Rule 006.

013.05A An applicant may file a certificate of insurance with its initial or renewal license application. Such certificate of insurance shall be replaced with a form prescribed in Rule 006 no later than thirty (30) days after filing of the initial or renewal license application.

013.06RATES: The Commission will have no authority to regulate the rates of any motor carrier issued a license under these rules.

013.06A An applicant for a license to provide household goods moving services must file a copy of the rates and charges it intends to charge its potential shippers with its initial license application and at timely intervals after being granted a license as prescribed by Rule 002.04.

013.07SERVICE TERRITORY: licensees are authorized to provide services statewide unless an applicant elects to limit the service territory to specific counties.

013.08PROVISIONS APPLICABLE TO THOSE LICENSEES PROVIDING PASSENGER TRANSPORTATION SERVICE TO EMPLOYEES OF RAILROAD CARRIERS: The following provisions apply only to those carriers who are licensed to provide passenger transportation services to employees of railroad carriers engaged in interstate commerce to and from their work locations.

013.08ASAFETY REGULATIONS: All licensees transporting employees of railroad carriers must:

013.08A1 Operate its vehicles in compliance with state law; and

013.08A2 Comply with Commission Rule Section 005, minimum safety regulations for driver qualifications, equipment safety, and operating standards, and log books.

013.08B Licensees must post notice in a conspicuous location in all vehicles of a passenger's right to submit a complaint to the commission. Such notice must conform to Rule 010.01G.

013.08CRECORDKEEPING: All licensees transporting employees of railroad carriers must:

013.08C1 Maintain copies of records related to its intrastate passenger transportation services and make such records available for inspection in accordance with Rule Section 007; and

013.08C2 Maintain log books in accordance with Rule 005.06 and 005.07.

013.09PROVISIONS APPLICABLE TO THOSE LICENSEES PROVIDING TRANSPORTATION SERVICE AS A MOVER OF HOUSEHOLD GOODS: The following provisions apply only to those carriers who are licensed to provide transportation services as a mover of household goods.

013.09ADEFINITIONS: In addition to the definitions found in Neb. Rev. Stat. § 75-302 and otherwise found in this chapter, unless the context otherwise requires, the following definitions apply:

013.09A1 Accessorial services means any service provided by a household goods mover that supplements, or is incidental to, the transportation of household goods. Examples include packing, unpacking, wrapping or protecting a portion of the shipment or providing special equipment or services such as hoisting;

013.09A2 Bill of Lading means receipt for shipment and contract for its transportation;

013.09A3 Binding Estimate means written agreement made in advance between consumer and named mover that guarantees total cost of move based upon quantities and services shown in estimate;

013.09A4 Certified Scale means any scale designed for weighing motor vehicles, including trailers or semi-trailers not attached to a tractor and certified by an authorized scale inspection and licensing authority;

013.09A5 Contract means a written document, approved by the shipper in writing before the performance of any service, that authorizes services by the named mover and lists the services and all costs associated with the transportation of household goods to be performed;

013.09A6 Inventory means a written list of all items to be made part of the shipment;

013.09A7 Line Haul Charge means the charges for the transportation portion of the move;

013.09A8 Non-Binding Estimate means written notice of costs estimated by named mover based on estimated weight of the shipment and services requested, with final charges based upon the actual weight of the shipment, the services provided, and the tariff provisions of named mover;

013.09A9 Order for Service means a document authorizing the mover to transport a shipper's household goods;

013.09A10 Shipper means a person who utilizes the services of a mover to transport or ship household goods;

013.09A11 Storage means warehousing of the shipper's goods while under the care, custody, and control of the mover; and

013.09A12 Valuation means the monetary value declared by a shipper for the shipment.

013.09BARTICLES LIABLE TO CAUSE DAMAGE: A mover will not accept for shipment any property liable to impregnate or otherwise damage equipment or other property, or accept for shipment articles which cannot be taken from the premises without damage to the article or premises.

013.09C Prior to providing transportation services, a mover will provide a prospective shipper:

013.09C1 Either a written binding or non-binding estimate of the total costs and basis for such costs to be incurred by the shipper at least 24 hours prior to a scheduled move, unless the move is initiated less than 24 hours before the commencement of the move;

013.09C2 A signed Order for Service on every move;

013.09C3 A complete and legible descriptive inventory of each loading except when a shipment travels wholly within city limits and/or the destination does not exceed 20 miles from point of origin;

013.09C4 An executed Bill of Lading;

013.09C5 A written disclosure and explanation of the limits of its liability and the valuation options available for any claims of damage to shipper's household goods;

013.09C6 Provide summary of mover's customer complaint, inquiry, and claim handling procedures.

013.09DBILL OF LADING: A mover will issue a bill of lading that includes the terms and conditions of the contract for services.

013.09D1 The bill of lading should include the following:

013.09D1a Name, address, and contact information of mover;

013.09D1b Name and address of any other entities that will participate in the move;

013.09D1c The date of pick-up and delivery;

013.09D1d Declaration of valuation signed by the shipper acknowledging valuation and insurance options provided by the mover; and

013.09D1e Rates and charges applicable to the service that have either been negotiated by the mover and the prospective shipper or determined as part of the mover's tariff if the mover has elected to create and provide its services pursuant to a tariff.

013.09D2 Nothing in these rules will be construed to preclude the mover and shipper from entering into a more comprehensive contract or amending a contract upon mutual agreement.

013.09EESTIMATES:

013.09E1 A mover must conduct a physical survey of the household goods to be transported and considered part of the written estimate provided to the prospective shipper prior to providing transportation services.

013.09E1a If the household goods are more than 50 miles from the mover's location, a physical survey is not required.

013.09E1b A shipper may waive the physical survey in writing prior to the loading of the shipment.

013.09E2WEIGH TICKET: A mover must weigh each shipment that is moving under a non-binding estimate and retain scale ticket from a certified scale, complete with date, truck or trailer number and shipper's name/or bill of lading. A weigh ticket is not required when the point of origin and destination are wholly within city limits and/or the destination does not exceed 20 miles from point of origin.

013.09E3 The estimate will specify the form of payment for the shipment.

013.09E4 A mover must determine charges for any accessorial services before finalizing any estimate.

013.09FDELIVERY AND STORAGE OF GOODS:

013.09F1 The shipper and mover must agree to the date for pickup and delivery of the shipment. Such dates must be recorded on the bill of lading.

013.09F2 A mover will relinquish household goods to a shipper and place the goods inside the shipper's dwelling after all charges have been paid or satisfactory arrangements have been made between the mover and the shipper.

013.09F3STORAGE IN TRANSIT: A shipper may request that a mover store the shipment prior to delivery.

013.09F3a The mover will notify the shipper of the specified period of time that the shipment will be held in storage.

013.09F3b Prior to the expiration of the storage period, the mover must notify the shipper in writing when such period will convert to permanent storage, the time period under which the shipper may file claims against the mover for loss or damage to the household goods while in transit or during the storage period, when the mover's liability will end for loss and damage, and when the shipment will become subject to the rules, regulations and charges of the storage facility.

013.09GCLAIMS:

013.09G1 A claim for loss, damage or injury will not be voluntarily paid by the mover unless the claim is filed in writing within the time limits specified in the Bill of Lading or other contract and contains the following minimum requirements:

013.09G1a Contains facts sufficient to identify the shipment;

013.09G1b Asserts liability for alleged loss, damage, or inquiry;

013.09G1c A claim for the payment of a specified or determinable amount of money.

013.09G2CLAIM FOR UNCERTAIN AMOUNT: When presented a claim for an uncertain amount of money, a mover will determine the condition of the shipment involved at the time of delivery, if it was delivered, and will ascertain as nearly as possible the extent, if any, of the loss or damage for which it may be responsible. A formal claim in writing for a specified or determinable amount of money must still be filed before a mover will voluntarily pay a claim.

013.09G3DOCUMENTS NOT CONSTITUTING CLAIMS: Bad order reports, appraisal reports of damage, notations of shortage or damage, or both, or freight bills, delivery receipts, or other documents, or inspection reports issued by carriers or their inspection agencies, whether the extent of loss or damage Is indicated in dollars and cents or otherwise, will, standing alone, not be considered by carriers as sufficient to comply with the minimum claim filing requirements specified.

013.09G4CONCEALED DAMAGE OR SHORTAGE: A mover must be promptly notified after discovery of concealed damage or shortage and given reasonable opportunity to inspect the shipment and packaging. Movers will promptly and thoroughly investigate the claim and establish a claim file.

013.09G5 A mover may satisfy a claim by repairing or replacing the property lost or damaged with materials of like kind, quality, and condition at time of acceptance by the mover.

013.09G6 A mover's liability is limited to the extent provided in the terms and conditions of the Bill of Lading.

013.09G7 A mover must acknowledge receipt of each claim in writing within 30 days after receipt of the claim.

013.09G7a The mover will pay, refuse payment, or make a firm compromise offer within 120 days after receipt of the claim.

013.09G7b If the claim cannot be resolved within 120 days, the mover each succeeding 60 days thereafter while the claim is pending must notify the claimant in writing of the reason that the claim cannot be concluded.

291 Neb. Admin. Code, ch. 3, § 013

Adopted effective 9/24/2022