N.J. Admin. Code § 13:44D-4.10
Current through Register Vol. 56, No. 24, December 18, 2024
Section 13:44D-4.10 - Use of an owner-operator(a) A public mover may enter into a written contract with an owner-operator for the owner-operator to provide moving services to a consumer with whom the public mover has contracted to perform moving services.(b) A contracting public mover shall be liable to the consumer for any service provided by the owner-operator.(c) A contracting public mover may permit an owner-operator to use the forms of the contracting public mover.(d) A contracting public mover shall provide written notice to the consumer if the contracting public mover is using an owner-operator to perform moving services for the consumer on behalf of the public mover. This written notice shall be provided to the consumer as part of the order for service issued by the contracting public mover pursuant to N.J.A.C. 13:44D-4.2(b) or 4.3(b)3, or as an addendum to the order for service and shall include: 1. The definition of "owner-operator" from N.J.A.C. 13:44D-1.1; and2. A statement indicating that the contracting public mover is liable for any services provided by the owner-operator.(e) A contracting public mover using the services of an owner-operator shall provide to the consumer, prior to the move, the following information on the contracting public mover's letterhead: 1. The name of the owner-operator who will be providing services; and(f) A contracting public mover shall remain responsible under N.J.A.C. 13:44D-4.2 or 4.3 and shall not permit an owner-operator to perform a physical survey or issue an estimate or order for service to a consumer.(g) A public mover shall add any owner-operator who provides moving services for the public mover as an additional covered insured under the public mover's insurance policies, which he or she is required to hold pursuant to N.J.S.A. 45:14D-25 and N.J.A.C. 13:44D-4.7.(h) A public mover shall contract only with an owner-operator who presents the public mover with proof that the owner-operator has secured and maintained insurance coverage that covers him or her for workers' compensation liabilities pursuant to (i) below.(i) An owner-operator shall make sufficient provision for the complete payment of any obligation that he or she may incur to an injured employee, or his or her dependents, pursuant to N.J.S.A. 34:15-1 et seq., by obtaining adequate insurance from any stock company or mutual association authorized to transact the business of employer's liability or workers' compensation insurance in this State pursuant to N.J.S.A. 34:15-78.(j) A contracting public mover shall maintain as part of its records:1. The contract between the public mover and the owner-operator, which includes a copy of documents indicating that the owner-operator owns, leases or rents one or more motor vehicles, which the owner-operator will use to provide moving services;2. Proof that the public mover's insurance includes the owner-operator as an additional covered insured; and3. A copy of the current insurance policies that the owner-operator maintains pursuant to (h) and (i) above.N.J. Admin. Code § 13:44D-4.10
Recodified from N.J.A.C. 13:44D-4.5 by R.2004 d.203, effective 6/7/2004.
See: 35 N.J.R. 1764(a), 35 N.J.R. 2836(a), 35 N.J.R. 4044(a), 36 N.J.R. 2762(c).
Former N.J.A.C. 13:44D-4.8, Warehousing, recodified to N.J.A.C. 13:44D-4.11.
Repeal and New Rule, R.2009 d.43, effective 1/20/2009.
See: 40 N.J.R. 2412(a), 41 N.J.R. 621(a).
Section was "Use or employment of owner/operator".
Amended by R.2010 d.104, effective 6/21/2010.
See: 41 N.J.R. 3200(a), 42 N.J.R. 1236(a).
In (g), inserted a comma following "policies" and updated the N.J.A.C. reference.
Recodified from N.J.A.C. 13:44D-4.8 and amended by R.2012 d.069, effective 4/2/2012.
See: 43 N.J.R. 1579(a), 44 N.J.R. 1113(a).
Rewrote (d), (e) and (i); in (f) and (g), updated the N.J.A.C. references; and in (h), deleted "property-casualty and" preceding "workers' ". Former N.J.A.C. 13:44D-4.10, Labor and equipment, recodified to N.J.A.C. 13:44D-4.12.