New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 1 - DEFINITIONS › Section 13:44D-1.1 - Words and phrases defined

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Advertising" means any attempt directly or indirectly by publication, dissemination, solicitation, endorsement or circulation or in any other way to induce directly or indirectly any person or entity to purchase or enter into an agreement to purchase services or goods from a licensee.
"Agent" means the appointee of the public mover or warehouseman who shall be a party upon whom notice may be served along with the principal public mover or warehouseman.
"Bill of lading" means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods, and includes an airbill.
"Binding estimate" means a contract which contains a calculation of the cost of a move made after the mover has made a physical survey which clearly describes the goods to be moved and the accessorial services to be performed and which binds the mover to the charges shown on the binding estimate form.
"Brochure" means an informational booklet to be provided to each prospective consumer by the public mover and/or warehouseman, either in a printed or digital format.
"Consumer" means the person contracting with a public mover and/or warehouseman for moving and/or storage services.
"Contracting public mover" means a licensed public mover who contracts with an owner-operator to provide any mover's service of the licensed public mover.
"Director" means the Director of the Division of Consumer Affairs.
"Estimate" means an approximation made by the public mover and/or warehouseman of the cost of the shipment and/or storage.
"Gross weight" means the weight of a moving vehicle once it has been loaded with a consumer's goods.
" Long-term lease" means a lease entered into for at least one year.
"Moving vehicle" means any vehicle, machine, tractor, truck or semitrailer, or any combination thereof, propelled, driven or drawn by mechanical power and used upon the public highways in the transportation of household goods, office goods and special commodities in intrastate commerce. For purposes of this section, "moving vehicle" shall not include a passenger vehicle; that is, a station wagon.
"Net weight" means the weight of a consumer's goods. The net weight is arrived at by subtracting the tare weight from the gross weight.
"Office goods" means personal effects, fixtures, furniture, equipment, stock, and supplies or other property usually used in or as part of the stock of any office, or commercial, institutional, professional, or other type of establishment, when it is transported or put into storage by virtue of its removal, in whole or in part, from one location to another.
"Order for Service" means the contract that the consumer must receive from a public mover and/or warehouseman at least 24 hours prior to the move.
"Owner-operator" means a person who owns, leases or rents one or more motor vehicles and who uses the vehicles to provide mover's services for a contracting public mover.
"Power unit" means that component of a moving vehicle that has the mechanical workings of a truck and the cabin where the driver operates the vehicle or the entire truck if it is comprised of only one piece, such as a van. "Power unit" does not mean a detachable trailer.
"Public mover" means any person who engages in or holds him or herself out to the general public as engaging in the transportation of household goods, as defined by 45:14D-2(e); office goods, as defined by 45:14D-2(k); or special commodities, as defined by 45:14D-2(q)  by motor vehicle for compensation in intrastate commerce between points in this State, including the moving of household goods, office goods or special commodities from one location to another at a single address, and any person who engages in the performance of accessorial services as defined by 45:14D-2(a). "Public mover" does not include an owner-operator.
"Shipment" means property tendered by a consumer, and accepted by the carrier, at one place of origin and at one time, for one consignee at one destination, and covered by one bill of lading.
" Short-notice moving or warehousing" means performing a move, or warehousing property, on the same day that a consumer requests services from a public mover and/or warehouseman.
"Storage" means the safekeeping of property in a depository for compensation.
"Subcontracting" means the transfer by a public mover, with the prior approval of the consumer, of any bill of lading to another licensed public mover to perform services initially contracted by the original public mover.
"Tare weight" means the weight of an empty moving vehicle prior to the loading of a consumer's goods.
"Tariff" means a schedule of rates and charges for the storage or transportation of property in intrastate commerce on file with the Director, which shall be used, except in the use of binding estimates by movers, in computing all charges on the storage or transportation of property as of the date of the time in storage or transportation.
"Warehouseman" means a person engaged in the business of storage.
"Warehouse receipt" means a receipt given to a consumer by a warehouseman for all of the consumer's goods stored in the warehouseman's facility.