SECTIONS 5191-5199 - California Statutes

PUBLIC UTILITIES CODE

SECTION 5191-5199

5191. (a) The commission shall establish or approve just,
reasonable, and nondiscriminatory maximum or minimum or maximum and
minimum rates to be charged by household goods carriers for the
transportation of used household goods and personal effects and for
accessorial service performed in connection therewith.
(b) In establishing or approving rates, the commission shall
account for the cost of all transportation service performed or to be
performed, for any accessorial service performed or to be performed
in connection therewith, the value of the commodity transported, and
the value of the equipment, facilities, and personnel reasonably
necessary to perform the service.
(c) The commission shall establish or approve no minimum rate for
household goods carriers unless it finds that the rate is at a
sufficient level to allow safe operation upon the highways of the
state and accounts for the cost of trained drivers and other
reasonable expense of operation of household goods carriers.
(d) In establishing or approving any maximum rates for household
goods carriers, the commission shall, on or immediately after January
1, 1996, adjust the current level of maximum rates by application
and use of the index number methodology relied upon by the commission
in 1992 to assist in the establishment of the current level of
maximum rates and make that adjustment for the time period from the
date that index was last relied upon to the latest date that index
data is available. Thereafter, maximum rates shall be adjusted at
least once annually by use of the same index methodology, or another
index methodology found by the commission to be appropriate for the
adjustment of household goods carrier maximum rates, less a
reasonable percentage of any index increase to encourage higher
productivity and promote efficiency and economy of operation by
household goods carriers. The commission may also adjust maximum
rates when deemed reasonable to allow for extraordinary changes in
household goods carrier costs.

5192. A household goods carrier shall not advertise, quote, or
charge a rate or an amount for the transportation of used household
goods and personal effects that is based on the amount of cubic feet
or other volumetric unit measurement of those household goods and
effects. In addition to any other remedy, a household goods carrier
that violates this section shall not be entitled to any compensation
for the transportation of the household goods and effects and shall
make restitution to the shipper of any compensation collected.

5193. By the specific procedures approved by the commission in its
Decision 92-05-028, any household goods carrier may charge or collect
a greater rate than the maximum rate established by the commission
under this chapter.

5194. The commission shall make such rules as are necessary to the
application and enforcement of the rates established or approved
pursuant to this chapter.

5196. No household goods carrier shall directly or indirectly pay
any commission to a shipper, consignee, or the employee thereof, or
to the payer of the transportation charges, or refund, or remit to
those persons, in any manner or by any device any portion of the
rates or charges so specified, except upon authority of the
commission.

5197. No household goods carrier, or any officer, or agent thereof,
or any person acting or employed by it, shall, by means of known
false billing, classification, weight, weighing or report of weight,
or by any other device, assist, suffer, or permit any corporation or
person to obtain transportation for any property between points
within this State at rates less than the minimum rates or more than
the maximum rates then established or approved by the commission.

5198. No person, corporation, or any officer, agent, or employee of
a corporation shall, by means of false billing, false or incorrect
classification, false weight or weighing, false representation as to
the content or substance of a package, or false report or statement
of weight, or by any other device or means, whether with or without
the consent or connivance of a household goods carrier, or any of its
officers, agents, or employees, seek to obtain or obtain
transportation for property at less than the minimum rates or charges
or more than the maximum rates or charges established or approved by
the commission.

5199. No person or corporation, or any officer, agent, or employee
of a corporation, shall knowingly, directly or indirectly by any
false statement or representation as to cost or value or the nature
or extent of damage, or by the use of any false billing, bill of
lading, receipt, voucher, roll, account, claim, certificate,
affidavit or deposition, or upon any false, fictitious, or fraudulent
statement or entry, obtain or attempt to obtain any allowance,
rebate, or payment for damage in connection with or growing out of
the transportation of property subject to this chapter, or an
agreement to transport property subject to this chapter, whether with
or without the consent or connivance of a household goods carrier,
or any of its officers, agents, or employees. No household goods
carrier or any of its officers, agents, or employees shall knowingly
pay, or offer to pay any such allowance, rebate, or claim for damage.