January 23, 1998 RE: Household Goods Rulemaking Docket No. TV-971477 TO ALL INTERESTED PERSONS: On November 19, 1997, the Washington Utilities and Transportation Commission (Commission) filed its intent to conduct a rulemaking for common carriers of household goods. The Commission will hold a public stakeholder meeting on January 29, 1998, to seek public comments for the household goods rulemaking. The meeting will be held at the Commission headquarters in Room 206 from 9:30 am to 4:00 pm. The Commission’s address is 1300 South Evergreen Park Drive Southwest and free parking is available. Enclosed is a discussion draft of rules concerning common carriers of household goods. This draft presents rules in a format than that differs somewhat from past rules. In addition, many rules have been revised to read more clearly, and other rules are presented with a list of options to be considered. This discussion draft is also posted to the Internet and can be found at: www.wutc.wa.gov. If possible, staff requests that interested parties submit written comments in addition to oral comments concerning this discussion draft. This first stakeholder meeting will be to receive comments and suggestions for the household goods rulemaking. The commission has not determined the outcome of any of these issues. Please call Carolyn Caruso at (360) 664-1244 if you plan to attend the meeting. If you need additional information, feel free to contact Kim Dobyns at (360) 664-1242. Thank you for your consideration. Sincerely, PAUL CURL Acting Secretary Enclosure (see below) Household Goods Rulemaking Docket No. TV-971477 January 23, 1998 Prepared for Public Stakeholder Meeting by Washington Utilities and Transportation Commission Staff Table of Contents Part 1 - General Information 480-15-xxx What is the purpose of this chapter? 480-15-xxx Definitions. 480-15-xxx How may I contact the commission? 480-15-xxx How do I file documents at the commission? 480-15-xxx If I change my business address (physical or mailing), must I notify the commission? 480-15-xxx Where may I find rules relating to commission administrative proceedings? 480-15-xxx Application of Rules. 480-15-xxx What is the penalty for failing to comply with these rules? 480-15-xxx Am I exempt from any laws of the state of Washington when following these rules? 480-15-xxx Unfair or destructive competive practices by carrier operating under permit. Part 2 - Administrative, Tariff and Rates Requirements to Transport Household Goods, for Hire, within the state of Washington Part 2.1 - Forwarders and Brokers 480-15-xxx Forwarders and Brokers Part 2.2 - Permits 480-15-xxx Application, Form and Content. 480-15-xxx Application for Temporary Authority. 480-15-xxx Application for Authority. 480-15-xxx If my permit is canceled, may I get it reinstated? 480-15-xxx Non-use of Permit Rights. 480-15-xxx Transfer of Permits. 480-15-xxx Where must I keep my permit? 480-15-xxx How can I get a new permit if mine is lost or stolen? 480-15-xxx May I allow others to use my permit? Part 2.3 - Rule Books 480-15-xxx How may I get a rule book? 480-15-xxx How may I get a rule book update? 480-15-xxx Is the rule book copyrighted? 480-15-xxx If I report a rule violation, will you keep my report confidential? Part 2.4 - Fees and Annual Reports 480-15-xxx What is a regulatory fee? 480-15-xxx What percentage is my annual regulatory fee? 480-15-xxx When is my regulatory fee due? 480-15-xxx What is an annual report? 480-15-xxx When is my annual report due? 480-15-xxx How may I get an annual report form? 480-15-xxx What if I do not receive an annual report form? 480-15-xxx How much does it cost to file an application? 480-15-xxx What form of payment is accepted by the Commission? Part 2.5 - Tariffs and Rates Options 1 - 9 listed Part 2.6 - Public Liability and Property Damage Insurance 480-15-xxx What kind of insurance am I required to carry on my moving vehicles? 480-15-xxx What vehicles must be covered under my insurance? 480-15-xxx What levels of insurance am I required to carry on my moving vehicles? 480-15-xxx Am I required to file evidence of my insurance policy with the commission? 480-15-xxx How do I file evidence of my insurance policy with the commission? 480-15-xxx Do I have any options if I can’t get my Form E filed with the commission immediately? 480-15-xxx What could happen if my insurance filing is canceled? Part 2.7 - Military Service 480-15-xxx What happens if I am called to active military service and cannot operate my permit? 480-15-xxx How do I place my permit on inactive status? 480-15-xxx How do I reactivate my permit at the end of my military service? Part 2.8 - Operation of Equipment by a Canceled or Suspended Carrier 480-15-xxx Operation of equipment by a canceled or suspended carrier; voluntary cancellation; involuntary suspension and cancellation. Part 3 - Driver, Equipment and Safety Requirements to Transport Household Goods, for Hire, within the state of Washington 480-15-xxx Federal Regulations, 49 C.F.R., Part 390--Adoption by reference. WAC 480-15-xxx--Equipment--Identification. 480-15-xxx Equipment--Inspection--Ordered out-of-service for repairs. 480-15-xxx Equipment--Drivers--Safety. 480-15-xxx Hours of service--On duty--Adoption of federal safety regulations. 480-15-xxx Leasing. Part 4 - Household Goods Carriers Responsibilities to their Customers 480-15-xxx What is the definition of “you” in part 4? Part 4.1 - Advertisements 480-15-xxx If I advertise to transport household goods within Washington state, what information must I include in my advertisement? 480-15-xxx What penalties am I subject to if I fail to include my permit number in my advertisements? Part 4.2 - Loss and Damage Claims 480-15-xxx What must I do if my customer reports that transported household goods have been lost or damaged? 480-15-xxx What must I do if I cannot settle a lost or damaged property claim within 120 days? 480-15-xxx How long must I keep claim records? 480-15-xxx In what order must I keep claim records? 480-15-xxx What additional requirements exists if a lost or damage claim involves more than one carrier? 480-15-xxx What if I cannot reach a satisfactory resolution for a lost or damage claim with my customer? Part 4.3 - Information and Documents 480-15-xxx I have provided my customer with a written estimate. Am I required to provide any additional information? Part 5 - Consumer Protection Rights and Responsibilities for Customers of Household Goods Carriers. 480-15-xxx Definition of “you.” Part 5.1 - Documents and Information 480-15-xxx What information is the company I select to transport my household required to give me in advance of the move. Part 5.2 - Loss and Damage Claims 480-15-xxx What should I do if my transported household goods have been lost or damaged? 480-15-xxx What if I cannot reach a satisfactory resolution for a lost of damage claim with the company? Part 5.3 - Estimates Options 1 - 5 Part 6 - Interstate Operations 480-15-xxx Interstate operations; requirements 480-15-xxx Interstate registered carriers 480-15-xxx Interstate - registered exempt carriers 480-15-xxx Interstate - Insurance Requirements Part 1 - General Information New Section WAC 480-15-Xxx What is the purpose of this chapter? It is the policy of the commission that the purpose for the household goods carrier rules adopted in this chapter is to protect the public health, interest, and safety. This chapter applies to all motor carriers of household goods as defined by the laws of the state of Washington. Previously interspersed throughout chapter WAC 480-15-xxx. Definitions. For the purpose of this chapter, the following words, terms, and phrases have the following meaning: (1) “Aggregating” means the grouping of two or more shipments of household goods received at or delivered to different places or at different times to make up sufficient weight to obtain a lower rate. (2) "Application Docket" means a publication of the commission listing applications requesting operating authority from the commission. (3) "Authority" means a certificate or permit granting a motor carrier the right to transport household goods. (4) “Broker” means a person engaged in the business of providing, contracting for, or undertaking to arrange for, transportation of household goods by two or more common carriers. (5) “Commercial zone” means authority to operate within a commercial zone pursuant to RCW 81.80.400 and RCW 81.80.410. [NOTE: Depending upon how the rulemaking proceeds, this term may no longer be necessary to define.] (6) "Commission" means the Washington utilities and transportation commission. (7) "Common carrier" means any person who undertakes to transport household goods for the general public by motor vehicle for compensation, including transportation under special and individual contracts or agreements. (8) "Customer" means a person or entity that hires a common carrier to transport household goods for compensation where the household goods are owned by the person or entity. (9) “Eastern Washington” and “Western Washington.” The dividing line between Eastern Washington and Western Washington is the summit of the Cascade Range, starting at the Canadian border and running south as far as Mt. Adams, which also comprises the eastern boundaries of Whatcom, Skagit, Snohomish, King, Pierce, Thurston, Lewis Counties, and parts of Cowlitz County; from Mt. Adams running south to the Columbia river the dividing line is between the eastern boundary of Skamania county and the western boundaries of Yak