Rule 515-16-6-.04 - Designation of Household Goods Agents(1) All appointments of an agent by a carrier holding a permanent certificate shall be evidenced by a contract in writing properly executed by all parties thereto. Such contracts shall set forth the duties, obligations, rights, method of compensation, and scope of authority of the parties thereto.(2) Household goods carriers holding interim certificates may not appoint any agent to operate under their authority.(3) A standard form contract shall be first submitted to the Commission for approval. If approved, it shall not be necessary to re-submit said standard form of contract except as provided in sub-paragraph (a)(5) of this rule.(4) The carrier shall notify the Commission in writing at least ten (10) days prior to termination of an agency agreement by filing with the Commission a form entitled "NOTICE OF TERMINATION." Such termination shall become effective on the date provided in the notice unless the Commission notifies the carrier of its disapproval before the effective date.(5) No carrier shall appoint an agent to represent it if such agent represents another intrastate household goods carrier.(6) No carrier shall be permitted to appoint an agent for the purpose of transporting household goods in any county or within a twenty (20) mile radius of a city, town or municipality in which it already has an established office or warehouse, or agent. A carrier would not be prohibited from itself performing specialized services in a locality where it has an agent. If carrier establishes an office or warehouse in a location where an agency has been established, the agency agreement must be cancelled.(7) A copy of the agency contract must be maintained in each vehicle operated by agent under lease to the carrier and a copy of the contract is to be maintained on file both in the carrier's and agent's offices.(8) Any vehicle operated under authority of the carrier shall be so identified with the carrier's name and other information as required by the Commission. The carrier shall purchase a vehicle registration in the carrier's name for each vehicle leased to the carrier.(9) It shall be the responsibility of the carrier to supervise and train all of its agents and the agents' employees in relation to all of the applicable motor carrier safety and hazardous material rules and regulations as may be required. The carrier shall be responsible to see all the applicable rules and regulations are complied with.(10) Nothing shall restrict the right of a carrier to appoint agents for booking of household goods only where the hauling of such goods is performed by the carrier or its legally established hauling agents.(11) Unless otherwise exempted by law, carrier will be responsible to the public for any action of its agents, whether known or unknown, which results in loss or damage to the customers goods, or where overcharge is made.Ga. Comp. R. & Regs. R. 515-16-6-.04
Authority O.C.G.A. Secs. 46-7-17, 46-7-23, 46-7-27.
Original Rule entitled "Designation of Household Goods Agents" adopted. F. June 10, 2008; eff. June 30, 2008.