N.J. Admin. Code § 13:44D-4.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:44D-4.8 - Withholding a shipment

(a) A public mover shall not withhold all or any part of a shipment if:

1. The moving contract is based on a binding estimate and the consumer or other person responsible for payment of charges pays the amount of the binding estimate in full, or the consumer or other person responsible for payment of charges offers to pay the amount of the binding estimate and the mover refuses to accept the amount offered; or

2. The moving contract is not based on a binding estimate and the mover does not disclose in the Order for Service that the mover may withhold all or part of the shipment for non-payment of the freight bill.

(b) A mover violating any provision of this section shall be liable, pursuant to 45:14D-29(d), to a civil penalty of not less than $ 1,000 nor more than $ 5,000 for a first violation and not less than $ 5,000 nor more than $ 10,000 for each subsequent violations. The penalty prescribed in this section shall be collected and enforced by summary proceedings pursuant to "the penalty enforcement law" (N.J.S.A. 2A:58-1 et seq.) 45:14D-22.

N.J. Admin. Code § 13:44D-4.8

New Rule, R.1999 d.237, effective 8/2/1999.
See: 31 N.J.R. 1288(a), 31 N.J.R. 2223(b).
Recodified from N.J.A.C. 13:44D-4.3A and amended by R.2004 d.203, effective 6/7/2004.
See: 35 N.J.R. 1764(a), 35 N.J.R. 2836(a), 35 N.J.R. 4044(a), 36 N.J.R. 2762(c).
Rewrote the section. Former N.J.A.C. 13:44D-4.6, Occupational misconduct, recodified to N.J.A.C. 13:44D-4.9.
Recodified from N.J.A.C. 13:44D-4.6 by R.2012 d.069, effective 4/2/2012.
See: 43 N.J.R. 1579(a), 44 N.J.R. 1113(a).
Former N.J.A.C. 13:44D-4.8, Use of an owner-operator, recodified to N.J.A.C. 13:44D-4.10.