Legislation
SECTION 194
Agents
Transportation (TRA) CHAPTER 61-A, ARTICLE 9
§ 194. Agents. 1. Each motor carrier providing transportation of
household goods subject to this article, and any agent or agents
employed or utilized by it, shall be jointly and severally liable for
any act or omission or for any violation of this chapter or any order or
regulation of the commissioner in connection with household goods
transportation subject to the jurisdiction of the commissioner.
2. It shall be unlawful for any motor carrier providing transportation
of household goods to employ any person or motor carrier as an agent who
or which is not the lawful holder of an effective probationary or
permanent certificate to operate as a common carrier of household goods
under this article.
3. The provisions of section three hundred forty of the general
business law shall not apply to discussions or agreements between a
motor carrier providing transportation of household goods subject to the
jurisdiction of the commissioner under this chapter and its agents
related solely to:
(a) rates for the transportation of household goods under the
authority of the principal carrier;
(b) accessorial, terminal, storage, or other charges for services
incidental to the transportation of household goods transported under
the authority of the principal carrier;
(c) allowances relating to the transportation of household goods under
the authority of the principal carrier; and
(d) ownership of a motor carrier providing transportation of household
goods subject to the jurisdiction of the commissioner under this chapter
by an agent, or membership on the board of directors of any such motor
carrier by an agent.
household goods subject to this article, and any agent or agents
employed or utilized by it, shall be jointly and severally liable for
any act or omission or for any violation of this chapter or any order or
regulation of the commissioner in connection with household goods
transportation subject to the jurisdiction of the commissioner.
2. It shall be unlawful for any motor carrier providing transportation
of household goods to employ any person or motor carrier as an agent who
or which is not the lawful holder of an effective probationary or
permanent certificate to operate as a common carrier of household goods
under this article.
3. The provisions of section three hundred forty of the general
business law shall not apply to discussions or agreements between a
motor carrier providing transportation of household goods subject to the
jurisdiction of the commissioner under this chapter and its agents
related solely to:
(a) rates for the transportation of household goods under the
authority of the principal carrier;
(b) accessorial, terminal, storage, or other charges for services
incidental to the transportation of household goods transported under
the authority of the principal carrier;
(c) allowances relating to the transportation of household goods under
the authority of the principal carrier; and
(d) ownership of a motor carrier providing transportation of household
goods subject to the jurisdiction of the commissioner under this chapter
by an agent, or membership on the board of directors of any such motor
carrier by an agent.