Skip to main navigationSkip to News Headlines
NJ Division of Consumer Affairs
Global Navigation
Division of Consumer Affairs
The State of New Jersey Office of The Attorney General (Dept. of Law & Public Safety) The State of New Jersey NJ Home Services A to Z Departments/Agencies OAG Frequently Asked Questions
OAG Home
OAG Contact
Division of Consumer Affairs Alerts and Recalls
Division of Consumer Affairs Alerts and Recalls
Office of the Attorney General Homepage Division of Consumer Affairs, Director
Division of Consumer Affairs, Director
Division of Alcoholic Beverage Control
Division of Consumer Affairs
Division of Consumer Affairs Highlights
Division of Consumer Affairs Topics in a A-Z List Format
Office of Consumer Protection (OCP)
New Jersey Bureau of Securities
Office of Weights and Measures
Legalized Games of Chance Control Commission
Alternative Dispute Resolution
Professions and Occupations List
Contact the Division of Consumer Affairs
Division of Consumer Affairs in Spanish
Division of Criminal Justice
Division on Civil Rights
Division of Gaming Enforcement
Division of Highway Traffic Safety
Division of Law
Juvenile Justice Commission
NJ Racing Commission
Division of NJ State Police
OPRA - Open Public Records Act
RULE PROPOSALS
VOLUME 41, ISSUE 22
ISSUE DATE: NOVEMBER 16, 2009
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
OFFICE OF THE DIRECTOR
PUBLIC MOVERS AND WAREHOUSEMEN

Proposed Amendments: N.J.A.C. 13:44D-4.1 and Appendix A

Moving Contract-Non-Binding Estimate

Authorized By: Division of Consumer Affairs, David M. Szuchman, Director.

Authority: N.J.S.A. 45:14D-6.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number : PRN 2009-340 .

Submit written comments by January 15, 2010 to:

David M. Szuchman, Director
Division of Consumer Affairs
PO Box 45027
Newark , New Jersey 07101

The agency proposal follows:

Summary

The Director of the Division of Consumer Affairs (Director) proposes to amend N.J.A.C. 13:44D-4.1 to set forth standards for licensed public movers who base fees on the weight of a consumer's shipment. Licensed public movers who charge based on weight will be required to weigh their truck before and after loading a consumer's shipment at a scale certified by the New Jersey Office of Weights and Measures. Weight tickets showing the before and after weights of the truck must be provided to consumers upon completion of the move. A consumer has the right to observe a loaded truck being weighed. If a consumer's shipment is less than 1,000 pounds, a licensed public mover is permitted to weigh the shipment by using a portable scale that is certified by the New Jersey Office of Weights and Measures.

The Director also proposes to amend Appendix A, which sets forth requirements for the brochure that licensed public movers provide to consumers, to remove reference to estimating the weight of a consumer's shipment based on cubic feet. The Director believes that licensed public movers must provide an accurate measurement of the weight of a shipment if they are basing moving fees on the weight of the shipment.

The Director has determined that the comment period for this notice of proposal will be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.

Social Impact

The proposed amendments will benefit consumers and licensed public movers in that they will have documented proof of the weight of their shipment upon which moving fees have been based.

Economic Impact

The proposed amendments will impose costs on licensed public movers in that they will have to pay a fee to obtain a weight ticket from a State-certified scale before and after loading consumers' goods onto their trucks. There will also be a cost for gas and wear and tear on the truck in going to the State-certified scale. These costs could be passed along to consumers in the form of higher fees for moving.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments.

Jobs Impact

The Director does not believe that the proposed amendments will result in an increase or decrease of jobs in this State.

Agriculture Industry Impact

The Director does not believe that the proposed amendments will have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis

Since public movers are individually licensed, under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act.

The costs imposed by the proposed amendments are the same for all licensed public movers as set forth in the Economic Impact above. The Director does not believe that licensed public movers will need to employ any professional services to comply with the requirements of the proposed amendments. The proposed amendments impose no recordkeeping or reporting requirements, but impose compliance requirements as detailed in the Summary above.

The proposed amendments protect consumers who obtain moving services charged by the weight of their shipments. As such, no differing compliance requirements are imposed upon any licensed public movers based upon their size.

Smart Growth Impact

The Director does not anticipate that the proposed amendments will have any impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

[page=4184] Housing Affordability Impact

The proposed amendments will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the regulation would evoke a change in the average costs associated with housing because the proposed amendments concern licensed public movers charging for moving services based upon the weight of a consumer's shipment.

Smart Growth Development Impact

The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the regulation would evoke a change in housing production in Planning Areas 1 or 2 or within designated centers under the State Development and Redevelopment Plan in New Jersey because the proposed amendments concern licensed public movers charging for moving services based upon the weight of a consumer's shipment.

Full text of the proposal follows (additions indicated in boldface thus ; deletions indicated in brackets [thus]):

SUBCHAPTER 4. GENERAL PROVISIONS

13:44D-4.1 Moving contract: non-binding estimate

(a)-(d) (No change.)

(e) Except as set forth in (g) below, if a public mover's transportation charges are determined on the basis of the weight of a consumer's shipment, the public mover shall provide the consumer, upon completion of the move, with two weight tickets, one showing the weight of the empty truck (tare weight) and a second showing the weight of the truck after the truck has been loaded with the consumer's goods (gross weight). The weight tickets shall have a seal on them showing that the scale used is certified by the New Jersey Office of Weights and Measures.

(f) If a public mover's transportation charges are determined on the basis of the weight of a consumer's shipment, the consumer shall be permitted to observe the loaded truck being weighed.

(g) If a public mover's transportation charges are determined on the basis of the weight of a consumer's shipment, and the consumer's shipment (net weight) weighs less than 1,000 pounds, a public mover may use a portable scale that is certified by the New Jersey Office of Weights and Measures. A public mover who uses a portable scale to weigh a consumer's shipment shall provide the consumer with weigh tickets showing the weight of the shipment (net weight).

APPENDIX A

IMPORTANT NOTICE TO CONSUMERS USING PUBLIC MOVERS AND WAREHOUSEMEN

. . .

WEIGHT MOVES

If the public mover's transportation charges are determined on the basis of weight of your shipment and miles traveled, the public mover will weigh its empty vehicle prior to the loading of your goods. This weight will be the TARE WEIGHT. After loading your goods, the vehicle will again be weighed and this is the GROSS WEIGHT. The difference between the GROSS WEIGHT and the TARE WEIGHT is the NET WEIGHT. The NET WEIGHT is the weight for which you will pay transportation charges. If your shipment weighs less than 1,000 pounds, the mover may weigh it prior to loading by using a portable scale [or use an estimated weight based on cubic feet]. Some movers may have minimum weight requirements. The weight tickets obtained by the mover must have a seal on them showing that the truck scale used is approved by the NJ [Bureau] Office of Weights and Measures. You are permitted to follow the loaded truck to the weigh station to view your weighing.


If you wish to submit comments about this rule proposal, please fill out the form below. When you have completed the form, click the "Submit Your Comments" button below.

Last Name :

First Name:

Professional Organization, Association or Affiliation, if any:

E-Mail Address:

Comments:

       

   
Contact Us | Privacy Notice | Legal Statement | Accessibility Statement
NJ Home Logo
Divisional: DCA Home | Complaint Forms | Proposals | Adoptions | Contact DCA
Departmental: OAG Home | Contact OAG | About OAG | OAG News | OAG FAQs
Statewide: NJ Home | Services A to Z | Departments/Agencies | FAQs
Copyright State of New Jersey
This page is maintained by DCA. Comments/Questions: email

Page last modified: