Title 45, Title 45: PROFESSIONS AND OCCUPATIONS

45:14D-12. Limitations of action a. All actions at law against movers or warehousemen subject to this act for recovery of charges, or any part thereof, or for the recovery of overcharges shall be begun within 2 years from the time the cause of action accrues; b. All claims agains…

45:14D-13. Undue or unreasonable preference, advantage, prejudice or disadvantage by mover or warehouseman It shall be unlawful for any mover or warehouseman to make, give, or cause any undue or unreasonable preference or advantage to any particular person, port, gateway, localit…

45:14D-14 Tariffs. 14. a. Public movers and warehousemen shall file their tariffs with the director semiannually; b. Except in the use of binding estimates provided for in section 6 of P.L.1998, c.60 (C.45:14D-29), no public mover or warehouseman shall charge, demand, collect or …

45:14D-15 Fees; one-year licenses; fees only to defray expenses. 15. a. The director shall by rule or regulation establish, prescribe or change the fees for licenses, renewals of licenses or other services. Licenses shall expire one year from the date of issue unless the holder t…

45:14D-16 Violations, penalties. 16. a. Any person violating any provision of P.L.1981, c.311 (C.45:14D-1 et seq.) shall, in addition to any other sanctions provided herein, be liable to a civil penalty of not more than $5,000 for the first offense and not more than $20,000 for t…

45:14D-16a License required. 3. It shall be an unlawful practice for a person who does not hold a license to engage in the business of public moving or storage issued pursuant to section 9 of P.L.1981, c.311 (C.45:14D-9) to offer to perform activities or services subject to regul…

45:14D-16b Unlawful practice regarding consumer property. 4. It shall be an unlawful practice for a public mover, warehouseman, or any other person, whether or not holding a license issued pursuant to section 9 of P.L.1981, c.311 (C.45:14D-9), who engages in the business of publi…

45:14D-16c License required for use of motor vehicle in business of public moving. 5. a. A person owning or operating a motor vehicle who shall use or direct another person to use his motor vehicle for engaging in the business of public moving without having a license as provided…

45:14D-16d Unlicensed person engaging in public moving, storage; crime, penalties. 6. Any person who does not hold a license to engage in the business of public moving or storage issued pursuant to section 9 of P.L.1981, c.311 (C.45:14D-9), who holds himself out as a public mover…

45:14D-17 Investigations of suspected violations. 7. Whenever it shall appear to the director or the Attorney General that a person has engaged in, or is engaging in, any act or practice declared unlawful by P.L.1981, c.311 (C.45:14D-1 et seq.), or when the director or the Attorn…

45:14D-18 Court order. 8. If a person fails or refuses to file any statement or report, or refuses access to premises from which activities regulated by P.L.1981, c.311 (C.45:14D-1 et seq.) are conducted in any lawfully conducted investigative matter or fails to obey a subpoena i…

45:14D-19. Refusal to testify on grounds of incrimination; compliance with direction to testify; immunity from penalty or forfeiture If a person who refuses to testify or produce any book, paper, or other document in any proceeding under P.L.1981, c. 311 (C. 45:14D-1 et seq.) for…

45:14D-2 Definitions. 2. As used in this act: a. "Accessorial service" means the preparation of articles for shipment, including, but not limited to, the packing, crating, boxing and servicing of appliances, the furnishing of containers, unpacking, uncrating and reassembling of a…

45:14D-20 Additional penalties. 10. In addition or as an alternative, as the case may be, to revoking, suspending or refusing to renew any license, the director may, after affording an opportunity to be heard: a. Assess civil penalties in accordance with P.L.1981, c.311 (C.45:14D…

45:14D-21 Injunctive relief. 11. Whenever it shall appear to the director or the Attorney General that a violation of P.L.1981, c.311 (C.45:14D-1 et seq.), including the unlicensed practice of the activities regulated therein, has occurred, is occurring, or will occur, the Attorn…

45:14D-22 Docketing of judgment. 12. Upon the failure of any person to comply within 10 days after service of any order of the director directing payment of penalties or restoration of moneys or property, the Attorney General or the director may issue a certificate to the Clerk o…

45:14D-23 Violation of cease and desist order. 13. When it shall appear to the director or the Attorney General that a person against whom a cease and desist order has been entered has violated the order, the director or the Attorney General may initiate a summary proceeding in t…

45:14D-24. Person with ascertainable loss due to unlawful act; action or counterclaim; triple damages; attorney's fees, filing fees and costs Any person who suffers any ascertainable loss of moneys or property, real or personal, as a result of the use or employment by another per…

45:14D-25 Insurance requirements. 15. No license shall be issued to a warehouseman or mover or remain in force unless the warehouseman or mover complies with the rules or regulations that the director shall prescribe governing policies of insurance, qualifications as a self-insur…

45:14D-25.1 Contracting public mover, additional coverage of certain owner-operators. 4. A contracting public mover shall add as an additional covered insured under its policies of insurance or other securities or agreements, as required pursuant to section 15 of P.L.1984, c.140 …

45:14D-25.2 Public mover, proof of insurance, workers compensation coverage required of owner-operator. 5. a. An owner-operator, in order to enter into any contract with a public mover to perform any mover's services of the public mover, shall secure and maintain insurance, or ot…

45:14D-25.3 Rules, regulations. 6. The director shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act. L.2007, c.50, s.6.

45:14D-26 Notification to BPU of unlicensed mover. 3. The director shall notify the Board of Public Utilities of the business location and telephone number of any public mover that does not have a valid license issued by the director. L.1998, c.60, s.3; amended 2010, c.87, s.42.

45:14D-27 Order to disconnect unlicensed mover's telephone. 4. When notified by the director pursuant to section 3 of P.L.1998, c.60 (C.45:14D-26), the Board of Public Utilities shall order the servicing telecommunications company to disconnect that mover's telephone number that …

45:14D-28 Disconnection of unlicensed mover's telephone. 5. When ordered by the Board of Public Utilities pursuant to section 4 of P.L.1998, c.60 (C.45:14D-27), the telecommunications company shall disconnect that mover's telephone number that is published in any commercial listi…

45:14D-29 Furnishing of binding estimate in writing; violations, penalties. 6. a. If a binding estimate is used for moving, the estimate shall be furnished in writing to the customer or other person responsible for payment of the charges for the mover's services and a copy of the…

45:14D-3. Exclusions The provisions of this act shall not be construed to include motor vehicles owned or operated by: a. The United States, the State, or any local government, subdivision, agency or instrumentality thereof; b. Persons transporting property in intrastate commerce…

45:14D-30 Annual report. 7. The Division of Consumer Affairs shall annually submit a report to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), which provides information on the enforcement and violations of P.L.1981, c.311 (C.45:14D-1 et seq.). The repor…

45:14D-6 Powers and duties of director. 6. The director shall, in addition to such other powers and duties as the director may possess by law: a. Administer and enforce the provisions of P.L.1981, c.311 (C.45:14D-1 et seq.); b. Adopt and promulgate rules and regulations, pursuant…

45:14D-7 Revocation, suspension, nonrenewal, nonissuance of licenses; grounds, hearing. 7. The director may, after notice and opportunity for a hearing, revoke, suspend or refuse to renew or issue any license issued pursuant to this act upon a finding that the applicant or holder…

45:14D-8 Restoration after one year. 8. The director may, after one year from the date of the revocation of any license, restore the license. L.1981, c.311, s.8; amended 1993, c.365, s.5; 2010, c.87, s.29.

45:14D-9 License required, application, issuance. 9. a. It shall be unlawful for any person to engage in the business of public moving or storage unless he shall have obtained from the director a license to engage in the business and shall have a permanent place of business in th…