SECTIONS 5101-5113 - California Statutes

PUBLIC UTILITIES CODE

SECTION 5101-5113

5101. This chapter may be cited as the "Household Goods Carriers
Act."

5102. The use of the public highways for the transportation of used
household goods and personal effects for compensation is a business
affected with a public interest. It is the purpose of this chapter to
preserve for the public the full benefit and use of public highways
consistent with the needs of commerce without unnecessary congestion
or wear and tear upon those highways; to secure to the people just,
reasonable, and nondiscriminatory rates for transportation by
carriers operating upon the highways; to secure full and unrestricted
flow of traffic by motor carriers over the highways that will
adequately meet reasonable public demands by providing for the
regulation of rates of all carriers so that adequate and dependable
service by all necessary carriers shall be maintained and the full
use of the highways preserved to the public; and to promote fair
dealing and ethical conduct in the rendition of services involving or
incident to the transportation of household goods and personal
effects.

5103. Unless the context otherwise requires, the definitions and
general provisions set forth in this article govern the construction
of this chapter.

5104. In construing and enforcing the provisions of this chapter
relating to penalties, the act, omission, or failure of any officer,
agent, or employee of any person or corporation, acting within the
scope of his official duties or employment, is the act, omission, or
failure of the employing person or corporation.

5105. "Corporation" includes a corporation, a company, an
association, and a joint stock association.

5106. "Person" includes an individual, a firm, or a copartnership.

5107. "Public highway" includes every public street, road or
highway in this State.

5108. "Motor vehicle" means every motor truck, tractor, or other
self-propelled vehicle used for transportation of property over the
public highways, otherwise than upon fixed rails or tracks, and any
trailer, semitrailer, dolly, or other vehicle drawn thereby.

5109. "Household goods carrier" includes every corporation or
person, their lessees, trustee, receivers or trustees appointed by
any court whatsoever, engaged in the transportation for compensation
or hire as a business by means of a motor vehicle or motor vehicles
being used in the transportation of used household goods and personal
effects over any public highway in this state.

5110.5. With respect to a motor vehicle used in the transportation
of property for compensation by a household goods carrier, "owner"
means the corporation or person who is registered with the Department
of Motor Vehicles as the owner of the vehicle, or who has a legal
right to possession of the vehicle pursuant to a lease or rental
agreement.

5111. This chapter shall not be construed as a regulation of
commerce with foreign nations or among the several states, except
insofar as such regulation is not prohibited under the provisions of
the Constitution and the acts of the Congress of the United States.

5112. The regulation of the transportation of used household goods
and personal effects in a motor vehicle or motor vehicles over any
public highway in this state shall be exclusively as provided in this
chapter. Any provision of the Public Utilities Act in conflict with
the provisions of this chapter does not apply to a household goods
carrier.

5113. The transportation of used household goods and personal
effects in any truck or trailer for compensation over any public
highway in this state is a highly specialized type of truck
transportation. This chapter is enacted for the limited purpose of
providing necessary regulation for this specialized type of truck
transportation only, and is not to be construed for any purpose as a
precedent for the extension of such regulation to any other type of
truck transportation not presently so restricted.