Section 1457.90 Continued Fitness, Service, and Advertising Standards

Section 1457

Section 1457.90  Continued

Fitness, Service, and Advertising Standards

a)         Personnel Standards

1)         No household goods carrier shall permit any driver, helper,

and/or packer to be used in the transportation of any household goods shipment

or in the performance of accessorial services unless that person is trained in

the movement of household goods. Carriers are permitted to use interns or

trainees for which the shipper is not charged. Interns and trainees shall be

included and specified as such on the estimate of charges. Interns and trainees

shall be under the direct supervision of at least one experienced employee.

2)         No household goods carrier shall knowingly permit drivers, interns,

trainees, helpers and/or packers to go on duty who are under the influence of

alcoholic beverages or liquors of any kind, or narcotics, or habit-forming

drugs not prescribed by a physician.  Nor shall the use of these substances be

allowed while the employees are on duty.  Knowledge by the carrier is deemed to

exist if known to the foreman or other manager of the crew.

b)         Equipment Standards

1)         Equipment and facilities utilized by a household goods carrier

for the transportation of household goods shall be maintained in a manner that

is sufficient to protect the goods from damage or breakage.  The interior of

those vehicles used to transport household goods shipments shall be clean and

free from vermin and debris.

2)         For shipments transported at hourly rates, the household goods

carrier shall determine the number of personnel, excluding carrier interns and

trainees for which the shipper is not charged, and the size and the number of

motor vehicle equipment that is appropriate to provide safe and timely

transportation services for the requested movement

be clean and

free from vermin and debris.

2)         For shipments transported at hourly rates, the household goods

carrier shall determine the number of personnel, excluding carrier interns and

trainees for which the shipper is not charged, and the size and the number of

motor vehicle equipment that is appropriate to provide safe and timely

transportation services for the requested movement.  If the carrier deviates

from its initial determination as stated in the carrier's written estimate, the

shipper shall not be charged for any resulting excess charges in unless the

shipper is informed and agrees in writing.  A notation shall be placed on the

bill of lading indicating the number of personnel and motor vehicles initially

estimated and the number actually furnished and used for the move.

c)         Advertising Standards

1)         For purposes of this Section, the term

"advertisement" means any advertisement, solicitation, or other

communication with the public in relation to the offer or sale of Illinois

intrastate household goods transportation service.  The term shall include

advertisement by radio, television, internet, computer media or any other

medium. The term shall not include a simple listing of household goods

carriers' names, addresses, and telephone numbers, as in a telephone directory.

2)         Each household goods carrier shall include, and shall require

each of its agents to include, in every advertisement the full name of the

originating household goods carrier as it appears on the carrier's license from

the Commission.  The advertisement shall also identify the carrier by showing

the characters "ILL.C.C.", "ILCC", "IllCC"

followed by the license number assigned to the household goods carrier by the

Commission.

3)         Household goods carriers who are duly authorized agents for

other licensed carriers, including carriers operating under the jurisdiction of

the Federal Motor Carrier Safety Administration, may advertise and represent

themselves as such an agent

owing

the characters "ILL.C.C.", "ILCC", "IllCC"

followed by the license number assigned to the household goods carrier by the

Commission.

3)         Household goods carriers who are duly authorized agents for

other licensed carriers, including carriers operating under the jurisdiction of

the Federal Motor Carrier Safety Administration, may advertise and represent

themselves as such an agent.

4)         The following advertising practices shall not be conducted by

household goods carriers:

A)        Household goods carriers shall not advertise rates unless the

following caveats are included in the advertisement:

i)

"Rates effective (date), subject to change"; and

ii)         "Actual charges governed by applicable tariffs, this

advertisement notwithstanding";

B)        Household goods carriers shall not misrepresent the scope of

services offered and made available to the public under authority of the

license issued by the Commission;

C)        Household goods carriers shall not advertise that their

operations are conducted at addresses or locations where duly authorized

employees are not on duty during all business hours.  The location of a

telephone answering service does not constitute an address or location where

duly authorized employees are on duty;

D)        Household goods carriers shall not advertise or otherwise offer

to provide insurance or storage of personal property for compensation unless

the carrier is duly licensed to engage in the offered activity by the

appropriate agency of the State of Illinois; and

E)        No applicant for household goods authority shall advertise by

any means until authority to operate has been issued by the Commission.

5)         No person without authority to operate as a household goods

carrier issued by the Commission shall advertise, solicit, or hold themselves

out as offering or selling Illinois intrastate transportation of household

goods service. Each day's continuance of a violation shall constitute a

separate violation

rtise by

any means until authority to operate has been issued by the Commission.

5)         No person without authority to operate as a household goods

carrier issued by the Commission shall advertise, solicit, or hold themselves

out as offering or selling Illinois intrastate transportation of household

goods service. Each day's continuance of a violation shall constitute a

separate violation.

d)         Standards for Forms of Payment

1)         Household goods carriers shall accept payment tendered in the

following forms:

A)        Cash;

B)        Cashier's check; or

C)        Money order.

2)         A household goods carrier may accept payment in other forms,

including personal checks and credit cards, if to do so does not result in a

practice that circumvents the statutory requirement that a carrier charge no

more or less than the rate in the applicable tariff.  No household goods

carrier shall accept barter as payment.

3)         A household goods carrier shall not refuse to accept any

ordinary form of payment unless, before rendition of the service, the carrier

has advised the shipper, in writing, that it would not accept payment in the

form tendered.

e)         Notification of any delay in pickup or delivery shall be given

to the shipper by telephone, e-mail, fax, text, or other immediate electronic

means, or in person, at the carrier's expense, as soon as it becomes apparent

that the delay will occur, provided the shipper has given information

sufficient for the communication.

f)         All household goods carriers shall hold themselves out to

provide a guaranteed delivery service at the tariff charge.  The term

"guaranteed delivery" shall mean that a carrier providing service

shall perform delivery on a specified date

r's expense, as soon as it becomes apparent

that the delay will occur, provided the shipper has given information

sufficient for the communication.

f)         All household goods carriers shall hold themselves out to

provide a guaranteed delivery service at the tariff charge.  The term

"guaranteed delivery" shall mean that a carrier providing service

shall perform delivery on a specified date.

g)         No household goods carrier shall accept a shipment of

household goods for transportation that is subject to the minimum weight,

distance, or time provisions of the carrier's tariff without first having

advised the shipper of the minimum weight, distance, or time provisions.

Failure to advise the shipper, in writing, of the provisions shall void the

minimum rate application.

h)         All household goods carriers shall maintain on file with the

Commission all required insurance coverage including, where applicable,

insurance in compliance with the Workers' Compensation Act [820 ILCS 305].

i)          If a change is made to this Part that requires a household

goods carrier to amend its tariffs or forms, the household goods carrier shall

amend its tariffs and forms within 6 months after the effective date of the

amendment. The household goods carrier shall continue to charge the rates on

file with the Commission, and use forms consistent with those rates, until the

amended tariff is accepted by the Commission or until the 6-month period has

lapsed, whichever occurs first.