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June 2019 President’s Column
President's Comments
By: Steve Weitekamp |
Many issues start with a member call or email, “Can I get your help with a recent problem?” The issue of the day was that a CompanyContractor was pulled over at the scales recently and told by a California Highway Patrol (CHP) officer that an "Active" California Motor Carrier of Property (CA MCP) license is required if he's hauling non-household goods like Used Office & Industrial goods.
The member stated that the driver was pulled over at the scale and told by the officer that he was lucky he had nothing on the truck, that a CAL -T permit is only for the transportation of Used Household Goods, and that the Companyneeded an active CA MCP license. The driver said that CHP officer informed him that they intend to crack down on household good carriers and Van Line Agents for example. The driver was even handed a paper that explained how to apply for a CA MCP.
What is needed to receive an “Active” CA MCP:
- First Go to the www.fmcsa.dot.gov web address and obtain a US DOT #.
- Then go to the www.chp.ca.gov web address and select programs and services, then scroll down to the commercial vehicle section, then scroll down and fill out a CHP 362. Follow directions on the site to fax or mail the form to the applicable CHP MCP unit. Once a CA # is issued, the carrier will be contacted by telephone and by mail.
- Then go to the www.dmv.ca.gov web address and fill out a MC 706. Then mail the MC 706, the applicable fees, and MC 65 (insurance underwriter) to the DMV to receive an ACTIVE MCP.
Regarding the above issue and the erroneous interpretation of the individual officer, I would politely and emphatically explain what the law actually says. (See HOUSEHOLD MOVERS ACT – applicable section below.) I would probably keep a copy in my truck, better than taking a copy to court where you could win the case but lose a day. Regarding the photo above, all movers are required to be in compliance with steps one and two, but if a declaration is made to the Bureau of Household Goods and Services (BHGS) (form HHM 706-J ) or was previously made to CPUC and is in active status, a CAL-T permitted mover is allowed to perform intrastate movement of used office and industrial goods under their BHGS authority.
HOUSEHOLD MOVERS ACT
Business and Professions Code Division 8, Chapter 3.1, Sections 19225-19294
19241. (a) A household mover, under its permit, may also transport used office, store, and institution furniture and fixtures. The bureau shall not regulate the service, routes, or prices charged for the transportation of used office, store, and institution furniture and fixtures by a household mover. The bureau shall do nothing under this section that is in conflict with federal law as contained in Section 14501 of Title 49 of the United States Code.
(b) If a household mover elects to transport used office, store, and institution furniture and fixtures under its household mover permit, all of the following apply:
(1) A permit is not needed from the Department of Motor Vehicles under the Motor Carriers of Property Permit Act (Division 14.85 (commencing with Section 34600) of the Vehicle Code) to conduct that transportation.
(2) The transportation is subject to the bureau’s safety and insurance requirements, except that the cargo insurance requirements of subdivision (c) of Section 19248 shall not apply.
(3) The household mover shall pay the applicable fees specified in this chapter.
(c) To exercise the election pursuant to this section, a household mover shall notify the bureau of the election or the revocation of that election by filing a notice with the bureau in the manner and on the form prescribed by the bureau. If a household mover does not elect to be subject to the provisions of this section or revokes a prior election to do so, the household mover shall comply with the provisions of the Motor Carriers of Property Permit Act when transporting used office, store, and institution furniture and fixtures.
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