(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.
goods carriers holding interim certificates may not appoint any agent to
operate under their authority.
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
(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
(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.
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.
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.
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.