New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN
Subchapter 4 - GENERAL PROVISIONS
Section 13:44D-4.8 - Withholding a shipment
Universal Citation: NJ Admin Code 13:44D-4.8
Current through Register Vol. 56, No. 18, September 16, 2024
(a) A public mover shall not withhold all or any part of a shipment if:
1. The moving contract is based on a binding
estimate and the consumer or other person responsible for payment of charges
pays the amount of the binding estimate in full, or the consumer or other
person responsible for payment of charges offers to pay the amount of the
binding estimate and the mover refuses to accept the amount offered;
or
2. The moving contract is not
based on a binding estimate and the mover does not disclose in the Order for
Service that the mover may withhold all or part of the shipment for non-payment
of the freight bill.
(b) A mover violating any provision of this section shall be liable, pursuant to 45:14D-29(d), to a civil penalty of not less than $ 1,000 nor more than $ 5,000 for a first violation and not less than $ 5,000 nor more than $ 10,000 for each subsequent violations. The penalty prescribed in this section shall be collected and enforced by summary proceedings pursuant to "the penalty enforcement law" (N.J.S.A. 2A:58-1 et seq.) 45:14D-22.
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