23 LC 52 0153
H. B. 64
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House Bill 64
By: Representative Thomas of the 65
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to
1
identification and regulation of motor vehicles, so as to require a household goods carrier to2
provide a customer or prospective customer with a written binding or nonbinding estimate3
prior to contracting to provide services for the transportation of household goods for such4
customer; to provide for a short title; to provide for definitions; to require a household goods5
carrier to include certain provisions in nonbinding and binding estimates for the6
transportation of household goods, relinquish possession of household goods under certain7
conditions, and defer demand for payment of additional charges; to require household goods8
carriers to relinquish possession of household goods so long as a specified percentage of9
payment has been made; to prohibit household goods carriers from retaining possession of10
certain items under any circumstance; to allow household goods carriers to bill for11
unforeseen circumstances and impracticable operations after 30 days; to provide for related12
matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 23 LC 52 0153
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SECTION 1.
15
Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to identification and16
regulation of motor vehicles, is amended by adding a new Code section to read as follows:17
"40-1-118.1.
18
(a) This Code section shall be known and may be cited as the 'Georgia Mover to Mover19
Act.'20
(b) As used in this Code section, the term:21
(1) 'Binding estimate' means a written agreement made in advance between a household22
goods carrier and a customer in which the carrier guarantees that the customer will not23
be required to pay more than the amount of the estimate based upon the quantities and24
services agreed to in the estimate.25
(2) 'Customer' means a person or entity that hires or utilizes a household goods carrier26
to transport household goods or for ancillary services related to the transportation of27
household goods, regardless of the contractual relationship or lack thereof between such28
person or entity and household goods carrier.29
(3) 'Household goods' means the personal effects or other personal property commonly30
found in a home, personal residence, or other dwelling, including, but not limited to,31
household furniture, household appliances, kitchenware, electronic equipment, tools,32
apparel, and other items used for the comfort of the owner and his or her family.33
(4) 'Household goods carrier' means a carrier that, in the normal course of its business34
of transporting household goods, offers some or all of the following services: binding and35
nonbinding estimates; inventorying; protective packing and unpacking of individual items36
at a home, personal residence, or other dwelling; and loading and unloading of such items37
at a home, personal residence, or other dwelling.38
(5) 'Impracticable operations' means conditions which make it physically impossible for39
the household goods carrier to perform pickup or delivery of household goods without40
specialized equipment or significant additional labor.41 23 LC 52 0153
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(6) 'Nonbinding estimate' means a written estimate made in advance by a household42
goods carrier and agreed to by a customer based upon an estimated weight of the43
shipment and the services requested that is not binding on such carrier. The final charges44
to the customer shall be based upon the actual weight of the shipment, the services45
provided, the tariff provisions in effect, and any fees for unforeseen circumstances or46
impracticable operations.47
(c) A household goods carrier shall provide a customer or prospective customer with a48
binding or nonbinding estimate prior to contracting to provide services for the49
transportation of household goods for such customer.50
(d) A household goods carrier providing a nonbinding estimate to a customer or51
prospective customer shall:52
(1) Clearly describe in the nonbinding estimate the volume and character of the53
household goods comprising the shipment that such carrier will transport and all services54
such carrier will provide as part of the contracted service, include all other information55
such carrier requires in order to provide a nonbinding estimate, and describe any56
unforeseen circumstances and impracticable operations that will result in additional57
charges and the amount of such charges;58
(2) Perform any and all transportation and services detailed in the nonbinding estimate59
at rates not to exceed the amounts provided in such estimate, and, upon the customer's60
payment of no more than 110 percent of the estimated charges in the nonbinding61
estimate, relinquish possession of or deliver the customer's shipment as agreed and62
without delay; and63
(3) Defer demand for the payment of the balance of any charges in excess of 110 percent64
of the estimated charges in the nonbinding estimate for a period of 30 days after65
relinquishing possession of or delivering the shipment.66
(e) A household goods carrier providing a binding estimate to a customer or prospective67
customer shall:68 23 LC 52 0153
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(1) Clearly describe in the binding estimate the volume and character of the household69
goods comprising the shipment that such carrier will transport and all services such70
carrier will provide as part of the contracted service, include all other information such71
carrier requires in order to provide a binding estimate, and describe any unforeseen72
circumstances and impracticable operations that will result in additional charges and the73
amount of such charges;74
(2) Perform any and all transportation and services detailed in the binding estimate at75
rates not to exceed the amounts provided in such estimate, and, upon the customer's76
payment of no more than 100 percent of the estimated charges in the binding estimate,77
relinquish possession of or deliver the customer's shipment as agreed and without delay;78
and79
(3) Defer demand for the payment of the balance of any charges in excess of 100 percent80
of the estimated charges in the binding estimate for a period of 30 days after relinquishing81
possession of or delivering the shipment.82
(f) A household goods carrier shall relinquish possession of household goods to a customer83
and place such goods inside such customer's home, personal residence, or other dwelling,84
or as directed by the customer, unless the customer has not tendered payment in the amount85
specified in paragraph (2) of subsection (d) of this Code section for a nonbinding estimate86
or paragraph (2) of subsection (e) of this Code section for a binding estimate.87
(g) A household goods carrier shall not refuse to relinquish possession of prescription88
medicines, medical devices, legal documents, or goods for use by children, including89
children's furniture, school materials, clothing, and toys.90
(h) A household goods carrier may bill a customer for unforeseen circumstances at the91
destination of the move and for impracticable operations at pickup or delivery 30 days after92
relinquishing possession of or delivering the shipment.93
(i) The commissioner is authorized to make such rules and regulations and prescribe such94
forms as are necessary to carry out the provisions of this Code section."95 23 LC 52 0153
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SECTION 2.
96
This Act shall become effective upon its approval by the Governor or upon its becoming law97
without such approval.98
SECTION 3.99
All laws and parts of laws in conflict with this Act are repealed.100