Ala. Admin. Code r. 535-X-12T-.10 - Transportation Damage

(a) If an AMHC inspector determines a manufactured housing unit has been prepared for transport in violation of the applicable State laws, rules, or regulations (as defined elsewhere in this Chapter) and such violation has caused damage to, or flying debris on, roadways, or protrusion of a part of the unit beyond the unit's normal frame or body (where such protrusion existed in Alabama), then the penalty provisions of 535-X-12T-.11 apply.

(b) Where a manufactured housing unit being transported in Alabama causes damage to, or flying debris on, roadways, or there is a protrusion of a part of the unit beyond the unit's normal frame or body (where such protrusion existed in Alabama), then the penalty provisions of 535-X-12T-.11 apply.

(c) Where a manufactured housing unit to be installed in Alabama receives transportation damage that creates a serious defect or imminent safety hazard that takes the unit out of compliance with federal and/or State safety-related standards, the transporter shall be liable for such damage to the full extent permitted by State and federal law. In such cases, the penalty provisions of 535-X-12T-.11 apply.

(d) Where a manufactured housing unit to be installed in Alabama receives other transportation damage, the transporter shall be liable for such damage to the full extent permitted by the State and federal law.

(e) Nothing herein shall be construed to limit the rights of the State, any county or local government, any business entity, any person, or any property owner from asserting rights or recovering damages arising from improper transportation of a manufactured housing unit.

Notes

Ala. Admin. Code r. 535-X-12T-.10

New Rule: Filed April 15, 2009; effective May 20, 2009.

Author: Jim Sloan

Statutory Authority: Code of Ala. 1975, §§ 24-4A-2, et seq. ;24-6-4.