Household Goods Moving Authority

The New York State Department of Transportation is responsible for the licensing, safety and insurance of motor carriers for hire operating within the state.  In addition, the Department oversees the rates and services of household goods movers providing residential moving services.

Starting a moving company is an expensive proposition. Our experience shows that 3 out of every 5 applicants go out of business within their first year. Therefore, it is in your best interest and highly recommended that you do your homework to find out what your start-up costs will be prior to applying for authority. You will be required to maintain minimum levels of liability, cargo, and workers’ compensation insurance at all times. Other business expenses will include advertising, labor, fuel, phone and vehicle costs. You may want to contact the Small Business Administration The preceding external link opens a new browser window or similar organization to assist you with formulating a business plan.

Application information (Household goods)

You are required to operate under a business name that is SUBSTANTIALLY DIFFERENT than any other moving company’s name that currently operates within the area you are applying for. To avoid duplicity, and a potential delay in the processing of your application, give us a call to determine if the name is currently being used. Call or e-mail Tina LaBello at (518) 485-9533 with your selection(s) prior to submitting your application.

The filing of an application confers no rights upon the applicant to operate. Operations that are started before a certificate is issued and before a carrier has complied with applicable requirements may result in the denial of the application and the imposition of civil and/or criminal penalties.

Two copies of the completed application must be submitted to the Office of Safety and Security Services, Department of Transportation, 50 Wolf Road, Pod 53, Albany, New York 12232, together with a check or money order in the amount of fifty dollars ($50.00), made payable to the “N.Y.S. Department of Transportation,” to cover the filing fee. A $20.00 fee will be charged for all checks returned by the bank.

Applications can be obtained as by downloading this application The preceding link requires Adobe Reader or by calling (518) 457-6512 to have one mailed to you.
Each question on the application form must be answered completely or “not applicable” should be entered in response to an inquiry. Failure to completely answer all questions may subject the application to rejection or delay. This application may be prepared by the applicant’s principals or by a duly authorized representative; however, it must be verified by one of the applicant’s principals. If you have any questions relating to your application contact Tina LaBello at (518) 485-9533. Applications not meeting the standards set forth below will most likely be denied.

Please Note: By law, all applications for household goods authority must be published in the Department’s Weekly Bulletin for a period of 30 days. A Probationary Certificate cannot be granted until the expiration of this 30-day protest period.

 

  1. Standards (Household goods)The applicant, principal or key employee of the applicant must submit evidence (W-2s or 1099’s) of at least two years’ experience with a household goods carrier regulated by the New York State Department of Transportation, U.S. Department of Transportation (formerly Interstate Commerce Commission) or other State regulatory agency and knowledge of tariffs, rules and regulations, sales and estimating, claims and customer service and packing, loading and transportation of household goods.The applicant must operate a bona fide place of business in New York State. Bona fide place of business is defined as a location where records of the carrier are maintained, where shippers can conduct business with the applicant, and where Department representatives can inspect the carrier’s records and meet with the carrier or its principals. This location must be operational during regular business hours, Monday through Friday.

    The applicant must meet specific experience requirements and meet certain financial requirements. In addition, the applicant’s principals or key employees prior activity as or with a regulated or unregulated carrier, outstanding judgments, Notices of Violation and complaints will be considered in determining the applicant’s fitness, willingness and ability to comply with the transportation Law, rules, regulations and orders of the Commissioner. Other business and transportation experience may also be considered in determining an applicant’s fitness.

    Applicant must present evidence of sufficient assets to begin operations. These assets should include equipment suitable for the transportation of household goods and sufficient cash to meet start-up costs. If the applicant does not own appropriate equipment, additional cash assets must be available to purchase or lease such equipment.

    If you have questions, contact Tina LaBello at (518) 485-9533.

  2. Compliance (Household goods)Compliance requirements before issuance of a probationary certificate as a household goods mover:
    1. Tariff – A tariff must be filed with New York State Department of Transportation with all rates shown for moving services performed by a mover under its authority. If you have questions, contact Tina LaBello  at (518) 485-9533.
    2. Evidence of Insurance
      1. Liability, Form E – Applicant must file and maintain in effect evidence of liability insurance, which is labeled “Form E.” This form must be filed by the insurance company in the exact name as shown on the approval or grant of authority.
      2. Cargo, Form H – Applicant must file and maintain in effect evidence of cargo insurance, which is labeled “Form H.” This form must be filed by the insurance company in the exact name as shown on the approval or grant of authority.

      If you have questions on insurance, contact Tina LaBello at (518) 485-9533.

    3. The New York State Workers’ Compensation Law requires that before authority to operate as a mover is issued, an applicant must file and maintain on file, proof that they have complied with Workers’ Compensation Insurance and Disability Benefits Insurance.  The following forms are the only forms the Department of Transportation will accept:Workers’ Compensation Insurance
      1. Form C-105.2 — obtained from a private NYS licensed insurance company.
      2. Form U-26.3 — obtained from the New York State Insurance Fund.
      3. SI-12* — status as self insured.
      4. G-SI-12* — Status as a member of group self-insurance.

      Disability Benefits Insurance

      1. Form DB-120.1 — obtained from a private NYS licensed insurance company.
      2. Form DB-120.1 — obtained from the New York State Insurance Fund.
      3. Form DB-155* — status as self-insured.

      * These forms are obtained from the Workers’ Compensation Board’s Self Insurance Office (518) 402-0247.

      NOTE: All insurance filings must come from an insurance company authorized by the New York State Insurance Department to write such coverage in the State of New York.

      If you have questions on Workers’ Compensation Insurance or Disability Benefits Insurance, contact Tina LaBello at (518) 485-9533.

    4. Vehicle Identification – Each vehicle operating under New York intrastate household goods authority must carry a New York Intrastate Vehicle Identification Receipt. The fee per vehicle operated is $10.00. An application for the receipts may be obtained by:
      1. Download application The preceding link requires Adobe Reader
      2. Call (518) 457-6512 to have one mailed to you
      3. Send an e-mail to  Brian Tracy.
    5. Sample Acceptable Moving Documents – Each applicant approved for household goods authority must file with the Department acceptable movers documents for all types of moves as indicated in their tariff filed with the Department; i.e., hourly, binding estimate, weight distance, cubic feet, etc.
  3. Advertising (Household goods)
    No common carrier of household goods nor any officer, agent, employee or representative thereof, shall advertise by any means, solicit or otherwise hold itself out to the public to perform or actually perform the transportation of household goods authorized by its certificate of public convenience and necessity, in any name other than that in which the carrier’s operating authority is held. The carrier’s address and the number of the certificate of public convenience and necessity issued to the carrier by the Commissioner of Transportation shall be included in all advertising.No common carrier of household goods nor any officer, agent, employee or representative thereof shall display, distribute or publish advertising or any other material which represents that the carrier is offering or will offer any rates, charges or services or will commit any act prohibited by statue or the rules and regulations of the commissioner.No common carrier of household goods or any officer, agency, employee or representative thereof shall advertise or represent to the public that “all loads are insured” or similar wording.

    No common carrier of household goods shall act as agent for any other such common carrier in the solicitation or transportation of shipments of household goods between points which such agent is authorized to serve and for which it shall have established rates different from those of its principal.

    Each carrier of household goods shall give to every prospective shipper, when arrangements for transportation are made at a face-to-face meeting, a copy of “Summary of Information for Shippers of Household Goods” in the form prescribed by the commissioner. If no personal interview is had with a prospective shipper, and the time for pickup is more than 24 hours from the time the arrangements for transportation were agreed upon, a carrier shall cause such summary to be delivered to the shipper prior to the pickup. Whenever a carrier has furnished a summary to the shipper, an appropriate notation shall be made on the bill of lading.

    If you have any questions about advertising contact Tina LaBello at (518)485-9533.

  4. Probationary Certificate (Household goods)
    1. A probationary certificate to operate as a common carrier of household goods by motor vehicle may be issued by the commissioner to a qualified applicant after public notice and with or without hearing. The application shall contain such information as the commissioner by regulation shall prescribe. A probationary certificate shall:
      1. create no presumption that a corresponding permanent certificate will be granted;
      2. confer no proprietary or property rights in the use of the highways;
      3. be granted for a period not to exceed one year, which may be renewed for an additional one year period by the commissioner; and
      4. be subject to any conditions deemed appropriate by the commissioner to be in the public interest.
    2. The commissioner shall issue a probationary certificate to a person authorizing that person to provide transportation of household goods by motor vehicle if the commissioner finds that the applicant is fit, willing and able to provide the transportation authorized by the probationary certificate and to comply with this chapter and the regulations of the commissioner. Unless an applicant proposes to provide service in a more limited geographic area, a probationary certificate issued pursuant to this section will entitle the holder thereof to provide service as a common carrier of household goods between all points within a base region which shall consist of each county wherein the applicant maintains a bona fide place of business and all adjoining counties; and, between all points within the base region, as described above, on the one hand, and, on the other, all points in the State. For the purposes of this section, the counties of Bronx, Kings, New York, Queens and Richmond shall be considered as one county.
    3. Probationary certificates may be revoked, renewed or converted into a permanent certificate by the commissioner with or without hearing when the commissioner deems it in the public interest to do so.
    4. Protests to applications for a probationary certificate will be limited to evidence on the applicant’s fitness to provide service.
    5. A probationary certificate may not be assigned, transferred or leased in any manner.

    If you have any questions, contact Tina LaBello at (518) 485-9533.

  5. Permanent Certificate (Household Goods)
    1. A permanent certificate to operate as a common carrier of household goods by motor vehicle may be issued by the commissioner after notice and with or without hearing to a carrier which has held a probationary certificate for at least six months if the commissioner determines that the holder is fit, willing and able to hold a permanent certificate.
    2. In determining whether to grant or deny a permanent certificate, the commissioner shall consider the carrier’s actual operating experience while holding a probationary certificate and the manner in which that carrier has conducted itself with the public. Protests to the grant of a permanent certificate shall be limited to evidence on the carrier’s fitness to provide service.
    3. Unless an applicant proposes to provide service in a more limited geographic area, a permanent certificate will entitle the holder thereof to provide service as a common carrier of household goods by motor vehicle between all points within a base region which shall consist of each county wherein the applicant maintains a bona fide place of business and all adjoining counties; and, between all points within the base region, as described above, on the one hand, and, on the other, all points in the State. For the purposes of this section, the counties of Bronx, Kings, New York, Queens and Richmond shall be considered as one county.
    4. A permanent certificate to operate as a common carrier of household goods by motor vehicle in a broader geographic area than specified in subdivision three of this section may be issued by the commissioner after public notice and with or without hearing if the commissioner finds that:
      1. the applicant is fit, willing and able to provide the transportation to be authorized by the certificate and to comply with this chapter and the regulations of the commissioner; and
      2. that the service proposed will be required by the present or future public convenience and necessity.
    5. Persons holding a permanent certificate will be subject to a continuing requirement of being fit, willing and able and if, after notice and hearing, the commissioner finds that any person holding a permanent certificate under this article is willfully failing to comply with the continuing fit, willing and able requirement the commissioner may suspend or revoke the permanent certificate in whole or in part.
    6. Permanent certificates issued pursuant to subdivision one of this section shall have no application fee. All other applications are subject to a $50.00 filing fee as stated in Section A “Application Information (Household Goods).”
    7. Permanent certificates shall not confer any proprietary or property rights in the use of the highways.

    If you have any questions, contact Tina LaBello at (518) 485-9533.

source: dot.ny.gov

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MOVING NEW YORK NY

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