# Title 39 — Motor Vehicles

## Chapter 39-31 — Common Household Goods Carriers

### § 39-31-01. Common household goods carrier defined.

In this chapter, unless the context otherwise requires, "common household goods carrier"
means any person that holds oneself out to the public as willing to undertake for hire to
transport by motor vehicle from place to place the household goods of others who may choose
to employ that person.
### § 39-31-02. Application of chapter to intrastate commerce.

This chapter applies to persons and motor vehicles engaged in intrastate commerce only to
the extent permitted by the constitution and laws of the United States and this state.
### § 39-31-03. Carriers must operate in accordance with law and rules.

It is unlawful for any common household goods carrier to transport persons or property for
hire unless:
1. The carrier has obtained a household goods carrier permit required by this chapter;
and
2. The carrier complies with this chapter and any applicable rules adopted by the
department.
### § 39-31-04. Regulation of common household goods carriers by the department.

The department may regulate common motor carriers of household goods except for
transportation provided wholly within a city in this state or within a distance beyond the
corporate limits of a city as determined by the department and shall supervise the relations
between common household goods carriers and the public to comply with the provisions of this
chapter.
### § 39-31-05. Household goods carriers - Transportation of commodities.

Repealed by S.L. 2015, ch. 277, § 8.
### § 39-31-06. Household goods carrier - Household goods carrier permit application.

A common household goods carrier may not operate within this state without having
obtained from the department a household goods carrier permit. An application must be upon
the form prescribed by the department. The application must contain proof of registration with
the secretary of state, and either proof of workers compensation insurance coverage or an
affidavit of nonemployment. The department shall deny issuing a household goods carrier
permit if the applicant submits an incomplete application.
### § 39-31-07. Notice of opportunity for comment on application.

Repealed by S.L. 2015, ch. 277, § 8.
### § 39-31-08. Factors to be considered by department in granting certificate.

Repealed by S.L. 2015, ch. 277, § 8.
### § 39-31-09. Testimony - Issuance of certificate of permit - Conditions.

Repealed by S.L. 2015, ch. 277, § 8.
### § 39-31-10. Reasonable rates to be made by household goods carriers.

Repealed by S.L. 2015, ch. 277, § 8.
### § 39-31-11. Permits duration - Transfer.


Household goods carrier permits issued to carriers by the department under this chapter
remain in force subject to this chapter. Those permits are transferable only upon approval by the
department.
### § 39-31-12. Fees - Household goods carrier.

Every household goods carrier operating in this state, when applying for a household goods
carrier permit, shall pay a fee of one hundred dollars. The nonrefundable fee for an application
for transfer of a household goods carrier permit is one hundred dollars. The annual filing fee for
maintaining a household goods carrier permit is thirty-five dollars.
### § 39-31-13. Regulations furnished to holder of permit.

The department shall mail each holder of a household goods carrier permit under this
chapter the rules the department adopts to implement this chapter.
### § 39-31-14. Insurance required of carrier - Liability of insurer.

The department, before granting a household goods carrier permit to any common motor
carrier, shall require the owner or operator to procure public liability insurance. The conditions of
the liability insurance must guarantee the payment of any loss or damage to property or on
account of the death or injury to any person resulting from the negligence of the carrier. The
carrier shall file the insurance policy with the department and the policy must be kept in full
force. The carrier must provide proof the policy is in full effect annually in a form prescribed by
the department. Upon failure of a carrier to maintain insurance required by this section, the
department shall cancel the permit. A permit of any company authorized to write liability or
property damage insurance in the state, in a form approved by the department and certifying
that there is in effect a liability insurance policy required by this section, may be filed instead of
the policy.
### § 39-31-15. Deposit of fees.

The department shall deposit monthly all fees collected under this chapter in the highway
fund in the state treasury.
### § 39-31-16. Enforcement of chapter.

Any law enforcement officer may make an arrest for any violation of this chapter, and the
state's attorney of the county in which the offense was committed shall prosecute the offender.
The highway patrol shall enforce this chapter in any part of the state. Upon written request of
the department or the highway patrol, the attorney general shall prosecute or assist in the
prosecution of any person alleged to have violated this chapter or any rule adopted to
implement this chapter.
### § 39-31-17. Penalty.

Any person who willfully violates this chapter, or any order or rule issued or adopted under
this chapter, is guilty of an infraction.
