Household Movers ActRegulation of Household Movers
Section § 19235
If you're in the business of moving people's used household items for money using a vehicle on public roads, you must follow specific state rules. These rules are there to manage and control how public roads are used.
Section § 19236
This law requires household moving companies to display an identification symbol on their vehicles, following specific rules set by the bureau. For vehicles first registered in California after January 1, 1985, this symbol must appear on both the left and right doors of the vehicle's cab. If a company already uses a symbol under a specific federal order and has recorded it with the bureau, they don't need to follow this display rule.
Section § 19237
If you're in the business of moving people's used household goods in California, you need the right permits. For moves within California, a state permit is required. For moves in or out of California, you need federal permission. Any business conducted without these can’t enforce contracts or get paid legally. Operating without these permits is considered a public nuisance, and vehicles can be impounded for up to 72 hours. If movers violate the permit rules, they must return items if requested, and authorities can intervene to ensure compliance. Lastly, the state will list approved movers online.
Section § 19238
If you want to get a new permit to operate as a household mover, you need to apply in writing on a form that the bureau provides. The application must be verified under oath and include proof that you've notified any interested parties. Plus, you have to declare that you're not legally prohibited from acting as a household mover. There's also a fee that you need to include with your application.
Section § 19239
This law describes the requirements for obtaining a permit to operate as a household mover in California. Applicants must prove financial responsibility and knowledge of the business through exams or demonstrations of skill. If not initially qualified, they have opportunities to retake exams. The law mandates background checks using fingerprints for applicants and key individuals involved with the business. A performance bond might be required to cover any potential legal issues. Permits can be denied for reasons like dishonesty or past criminal convictions, but a review process is available if the applicant seems otherwise fit for the permit. Residence in California for a specified time is a requirement, and regulations must be followed. Applicants can request a hearing if a permit is denied.
Section § 19239.1
This law section requires household moving companies to have workers' compensation insurance filed with a regulatory bureau to maintain their operating permits. If a mover has no employees and thus isn’t subject to workers' compensation laws, they can file a sworn statement to this effect instead. If a mover cancels or loses their insurance, the insurer must notify the bureau, especially in cases of fraud or non-payment. Additionally, if a company that previously stated it had no employees hires staff, it must promptly update its status and secure insurance. Insurers must also report specific policy details to the bureau.
Section § 19239.2
Section § 19239.3
This law states that the bureau cannot give or transfer a permit to anyone who has a final judgment against them, as listed by the Labor Code, unless they have either paid off the judgment or settled it through bankruptcy laws.
Section § 19239.4
If a permitholder doesn't get or keep the required workers' compensation insurance, their permit will be automatically suspended. This suspension starts either when the insurance lapses or when it should have been obtained. The bureau will notify the permitholder about why their permit is suspended, when it starts, and how to fix it. They can get their permit back anytime by proving they're back in compliance. Additionally, anyone operating as a household mover without a permit or insurance might be fined.
Section § 19240
Section § 19241
This law outlines that household movers can transport used office, store, and institution furniture and fixtures under their current permit. The bureau won't control their service details or prices for this specific transport, adhering to federal laws. Movers don't need a separate permit from the Department of Motor Vehicles for these transports. However, they must follow the bureau's safety and insurance rules, with some exceptions. Additionally, movers must pay certain fees and notify the bureau if they choose to do this type of transport. If they opt out, they'll need to follow different regulations.
Section § 19242
If a moving company knows that they won't deliver your stuff on time, they have to tell you about the delay, according to rules set by a specific bureau. If they don't follow these rules, they're breaking the law.
Section § 19243
This law allows the bureau to create rules that household movers must follow when providing their services. If movers fail to follow these rules, it's illegal and could lead to disciplinary action. Additionally, the bureau can allow required documents to be in electronic form if both the movers and customers agree.
Section § 19244
Section § 19245
This law gives professional movers a legal claim, known as a carrier's lien, on the household goods they're moving to ensure they get paid for their services. However, this lien doesn't apply to essentials like food, medicine, or items for the disabled or children. Movers must clearly state the total payment amount in writing before starting the job, and they cannot preprint this amount on forms. Once the agreed amount is paid, the lien is removed, and the mover must release all goods. If movers deliver items voluntarily or refuse unjustifiably to deliver items, they cannot enforce the lien. Any action taken by movers to enforce the lien must be done fairly and reasonably, following specific legal procedures. Additionally, proper notice must be given before disposing of unclaimed goods, and any excess money from selling these goods must be returned to the owner. If someone wrongfully withholds goods after payment is made, law enforcement can assist in returning them to their rightful owner. The law also allows individuals to sue for damages if their rights under this law are violated, and any attempt to waive this law is invalid. Finally, the law sets clear definitions for terms like 'consignor' and 'consignee' and allows some documents to be handled electronically if both parties agree.
Section § 19246
If you're moving your household items within California, movers must give you a detailed notice about the services and costs at least three days before the move. This includes a 'Not To Exceed' amount, which is the maximum you should pay. If you can't agree on this amount, you're free to cancel without charge. Movers can't hold onto your belongings if you've paid this agreed maximum. They must also not withhold essential items like food or medicine. You should receive this notice in a clear format, which may be part of a booklet, and it can be electronic if both parties agree. Always check if your mover has a valid permit through the Bureau of Household Goods and Services.
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___________________________________________________________.
“If you request additional or different services at the time of the move, you may be asked to complete a Change Order which will set forth your agreement to pay for additional fees for those newly requested services. If you agree to the additional charges on that Change Order, those charges may be added to the “NOT TO EXCEED” amount set forth above. If you do not agree to the amounts listed in the Change Order, you should not sign it and may refuse the mover’s services.
“Signed ________________________ Dated __________________
“Signed ________________________ Dated _________________”
Section § 19247
If you run a household moving company, you need to put a clear link on your website that takes consumers straight to the bureau's website.