Sec. 13b-410. (Formerly Sec. 16-304). Jurisdiction of commissioner. Penalties.
(a) The Commissioner of Transportation is authorized to prescribe and establish such
reasonable regulations for household goods carriers and motor contract carriers operating in intrastate commerce as the commissioner deems necessary with respect to
rates and charges, issuance of certificates or permits, classification of carriers, abandonment or suspension of service, routes, speed, adequacy of service, financial responsibility, insurance covering personal injury, property damage and cargo, uniform system of
accounts, records, reports, safety of operation and equipment and the public convenience
and safety. Not later than July 1, 2003, the commissioner shall adopt regulations, in
accordance with chapter 54, establishing a procedure for the resolution of claims disputes
between household goods carriers and motor contract carriers operating in intrastate
commerce and their customers. To prevent unjust discrimination, undue preference or
prejudice between shippers or consignees and household goods carriers transporting
household goods in intrastate commerce, the commissioner may prescribe and establish
settlement of claims governing the payment of tariff charges, including regulations for
weekly or monthly settlement, in the delivery or transfer of possession or title of household goods between shippers, consignees and household goods carriers transporting
household goods in intrastate commerce. This authorization shall not be construed to
prohibit any household goods carrier from extending credit in connection with rates and
charges on household goods transported for any branch of the government of the United
States or any department of the state, or for any county, city, borough or town.
(b) The commissioner, after notice and hearing, may impose a civil penalty of not
more than one hundred dollars for each violation of a provision of the regulations adopted
pursuant to subsection (a) of this section. Each day on which the violation occurs shall
be deemed a separate offense.
(1949 Rev., S. 5698; 1955, S. 2640d; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 151, 348; P.A.
88-249, S. 2, 9; P.A. 95-126, S. 18, 25; P.A. 99-181, S. 7, 40; P.A. 02-123, S. 7.)
History: P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-614 replaced
public utilities control authority with division of public utility control within the department of business regulation, effective
January 1, 1979; P.A. 80-482 made division an independent department and deleted reference to abolished department of
business regulation; P.A. 88-249 transferred powers and duties from public utility control department to transportation
department, amending section as required by section 2 of the act (codified as Sec. 13b-387a), effective July 1, 1989.
(Revisor's note: Statute published in both Title 16 and Title 13b in the Connecticut General Statutes, Revision of 1958,
revised to 1989; Sec. 16-304 transferred to Sec. 13b-410, effective July 1, 1989); P.A. 95-126 authorized commissioner
to prescribe such regulations for household goods carriers and motor contract carriers operating in intrastate commerce as
he deems necessary, substituted "household goods carriers" for references to "motor common carriers" and "household
goods" for references to "property" and "general commodities" and deleted the phrase "particular commodities or groups
of particular commodities", effective July 1, 1995; P.A. 99-181 designated existing provisions as Subsec. (a), amending
same to make a technical change, and added Subsec. (b) re imposition of civil penalties, effective June 23, 1999; P.A. 02-123 amended Subsec. (a) to require adoption of regulations establishing a procedure for resolution of claims disputes
between household goods carriers and motor contract carriers operating in intrastate commerce and their customers, effective July 1, 2002.
See note to section 13b-393.
Annotation to former section 16-304:
Cited. 149 C. 486.
Sec. 13b-410a. Interstate motor carriers regulated by Interstate Commerce
Commission or successor agency. Regulations re state participation in single state
registration system. Annual fees for filing proof of insurance. The Commissioner
of Motor Vehicles shall adopt regulations in accordance with chapter 54 to implement
the participation by this state in the single state registration system, as established by
standards adopted by the Interstate Commerce Commission or its successor agency in
the Code of Federal Regulations, Title 49, Part 1023, as amended pursuant to United
States Public Law 105-178, the Transportation Equity Act for the 21st Century. Such
regulations shall require the payment to the state, by or on behalf of interstate motor
carriers regulated by the Interstate Commerce Commission or its successor agency, of
annual fees for the filing of proof of insurance. Such fees shall equal the amount previously required, as of November 15, 1991, of such carriers for the purchase of identification stamps, except that the amount and the method of payment of such fees by such
carriers shall not conflict with the provisions of the standards adopted by said commission.
(P.A. 93-307, S. 12, 34; P.A. 95-126, S. 19, 25; P.A. 96-222, S. 13, 41; P.A. 00-148, S. 14.)
History: P.A. 93-307 effective June 29, 1993; P.A. 95-126 deleted an obsolete date and required Commissioner of
Motor Vehicles to adopt regulations instead of Commissioner of Transportation; P.A. 96-222 inserted "or its successor
agency" after "Interstate Commerce Commission", effective July 1, 1996; P.A. 00-148 changed reference to "Intermodal
Surface Transportation Efficiency Act of 1991" to "Transportation Equity Act for the 21st Century" and changed Public
Law reference from "102-240" to "105-178".
Sec. 13b-410b. Regulations re payment of annual fees for filing proof of insurance by motor carriers for hire exempt from federal regulation. The Commissioner
of Motor Vehicles shall adopt regulations in accordance with chapter 54 to provide for
the payment of annual fees by motor carriers for hire exempted from Interstate Commerce Commission or its successor agency regulation for the filing with the state of
proof of insurance. Such fee shall be ten dollars for each vehicle that such carrier intends
to operate.
(P.A. 93-307, S. 13, 34; P.A. 95-126, S. 20, 25; P.A. 96-222, S. 14, 41.)
History: P.A. 93-307 effective June 29, 1993; P.A. 95-126 deleted an obsolete date and required Commissioner of
Motor Vehicles to adopt regulations instead of Commissioner of Transportation; P.A. 96-222 inserted "or its successor
agency" after "Interstate Commerce Commission", effective July 1, 1996.
Sec. 13b-410c. Intrastate household goods carrier certificate. Intrastate motor contract carrier permit. Application. Fee. Regulations re annual fee for filing
proof of insurance. (a) Each application for an intrastate household goods carrier certificate or motor contract carrier permit shall be made in writing in such form as the Commissioner of Transportation may prescribe, shall be verified by oath, contain such information as said commissioner may require and be accompanied by a nonrefundable fee of
one hundred seventy-seven dollars.
(b) The Commissioner of Transportation shall adopt regulations in accordance with
chapter 54 to provide for the payment of annual fees by intrastate household goods
carriers and intrastate motor contract carriers for filing with the state of proof of insurance. Such fee shall be seventeen dollars and fifty cents for each vehicle that such a
carrier intends to operate in intrastate service.
(P.A. 93-307, S. 14, 34; P.A. 95-126, S. 21, 25.)
History: P.A. 93-307 effective June 29, 1993; P.A. 95-126 substituted "household goods carrier" for "motor common
carrier" throughout section and amended Subsec. (b) to delete an obsolete date and provision requiring commissioner to
assess motor carriers a surcharge for failure to apply to commissioner and pay fees due, effective July 1, 1995.
Sec. 13b-411. (Formerly Sec. 16-305). Certain rates exempt. Nothing in this
chapter shall apply to rates charged, minimum or otherwise, for the transportation of
household goods by motor vehicle for a household goods carrier not subject to this
chapter, when the service rendered is a combination of railroad and motor vehicle and
when the rate charged the public for transporting such goods has been published and
filed with the Commissioner of Transportation or the Interstate Commerce Commission
or its successor agency.
(1949 Rev., S. 5699; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 152, 348; P.A. 88-249, S. 2, 9;
P.A. 95-126, S. 22, 25; P.A. 96-222, S. 15, 41.)
History: P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-614 replaced
public utilities control authority with division of public utility control within the department of business regulation, effective
January 1, 1979; P.A. 80-482 made division an independent department and deleted reference to abolished department of
business regulation; P.A. 88-249 transferred powers and duties from public utility control department to transportation
department, amending section as required by section 2 of the act (codified as Sec. 13b-387a), effective July 1, 1989.
(Revisor's note: Statute published in both Title 16 and Title 13b in the Connecticut General Statutes, Revision of 1958,
revised to 1989; Sec. 16-305 transferred to Sec. 13b-411, effective July 1, 1989); P.A. 95-126 substituted "household
goods" for references to "property" and "household goods carrier" for "common carrier", effective July 1, 1995; P.A. 96-222 inserted "or its successor agency" after "Interstate Commerce Commission", effective July 1, 1996.
Sec. 13b-412. (Formerly Sec. 16-306). Illegal reduction of rate. (a) Any carrier
subject to the provisions of this chapter who, by means of false billing, false classification, false weighing or false report of weight, or by any other device or means, knowingly
and wilfully assists or willingly permits any person to obtain transportation of household
goods at less than the regular rates then established and in force on the line of transportation of such carrier, shall be fined not more than five hundred dollars for each offense.
(b) Any person, corporation or company, as consignor or consignee, who engages
to transport household goods, or any carrier subject to the provisions of this chapter,
who knowingly and wilfully, by false billing, false classification, false weighing, false
representation of the contents of the shipment or the substance of the household goods,
false report of weight or false statement, or by any other device or means, with the
consent or connivance of the carrier, obtains or attempts to obtain transportation for
such household goods at less than the regular rates then established and in force on the
line of transportation; or who knowingly and wilfully, by false statement or representation as to cost, value, nature or extent of injury, or by the use of any false bill, bill of
lading, receipt, voucher, roll, account, claim, certificate, affidavit or deposition knowing
the same to be false, fictitious or fraudulent, or to contain any false, fictitious or fraudulent statement or entry, obtains or attempts to obtain any allowance, refund or payment
for damage or otherwise in connection with or growing out of the transportation of or
agreement to transport such household goods, with the consent or connivance of the
carrier, whereby the compensation of such carrier for such transportation, either before
or after payment, is, in fact, made less than the regular rates then established and in
force on the line of transportation, shall be fined not more than five hundred dollars for
each offense.
(c) If any such person, or any officer or agent of any such corporation or company,
by payment of money or other thing of value, solicitation or otherwise, induces or attempts to induce any carrier subject to the provisions of this chapter, or any of its officers
or agents, to discriminate unjustly in his or its favor as against any other consignor or
consignee, in the transportation of household goods, or aids or abets any such carrier
in any unjust discrimination, such person or such officer or agent of such corporation
or company shall be fined not more than five hundred dollars for each offense; and such
person, corporation or company shall, together with such carrier, be liable, jointly or
severally, in an action to be brought by any consignor or consignee discriminated against
for all damages resulting therefrom.
(1949 Rev., S. 5700; P.A. 95-126, S. 23, 25.)
History: Sec. 16-306 transferred to Sec. 13b-412, effective July 1, 1989, in keeping with transfer of certain powers and
duties of department of public utility control to transportation department by P.A. 88-249. (Revisor's note: Statute published
in both Title 16 and Title 13b in the Connecticut General Statutes, Revision of 1958, revised to 1989); P.A. 95-126 deleted
reference to "motor" before "carrier" and substituted "household goods" for "property" throughout section, effective July
1, 1995.
Annotation to former section 16-306:
When the motor freight tariff was increased the second month of plaintiff's oral three-month contract with defendant,
plaintiffs were entitled to recover at the new rate for services for the balance of the contract. 31 CS 426.
Sec. 13b-413. (Formerly Sec. 16-307). Appeal. Any person aggrieved by any order, authorization or decision of the Commissioner of Transportation under the provisions of this chapter may appeal therefrom in accordance with the provisions of section
4-183.
(1949 Rev., S. 5702; 1971, P.A. 870, S. 45; P.A. 75-486, S. 1, 69; P.A. 76-436, S. 363, 681; P.A. 77-603, S. 66, 125;
77-614, S. 162, 610; P.A. 80-482, S. 153, 348; P.A. 88-249, S. 2, 9.)
History: 1971 act replaced superior court with court of common pleas, effective September 1, 1971, except that courts
with cases pending retain jurisdiction unless cases deemed transferable; P.A. 75-486 replaced public utilities commission
with public utilities control authority; P.A. 76-436 replaced court of common pleas with superior court, added reference
to chapter 54 and deleted references to Secs. 16-37 and 16-38, effective July 1, 1978; P.A. 77-603 replaced previous
provisions re appeal procedure with provision that appeals be made in accordance with Sec. 4-183; P.A. 77-614 replaced
public utilities control authority with division of public utility control within the department of business regulation, effective
January 1, 1979; P.A. 80-482 made division an independent department and deleted reference to abolished department of
business regulation; P.A. 88-249 transferred powers and duties from public utility control department to transportation
department, amending section as required by section 2 of the act (codified as Sec. 13b-387a), effective July 1, 1989.
(Revisor's note: Statute published in both Title 16 and Title 13b in the Connecticut General Statutes, Revision of 1958,
revised to 1989; Sec. 16-307 transferred to Sec. 13b-413, effective July 1, 1989).
Annotations to former section 16-307:
Cited. 122 C. 297. Burden of showing commission acted illegally or in excess of authority is on plaintiff. 148 C. 687.
Cited. 149 C. 481. Cited. 219 C. 168, 171.
Annotation to present section:
Cited. 219 C. 168, 171.
Sec. 13b-414. (Formerly Sec. 16-308). Penalties. Procedure. (a) Any person,
including a carrier, shipper, consignee or broker or any officer, employee or agent of
such person who knowingly or wilfully causes to be done any act prohibited by this
chapter or who knowingly violates or fails to comply with or knowingly procures, aids
or abets any violation of this chapter or fails to comply with any order, decision or
regulation of the Commissioner of Transportation, or who is guilty of any violation of
this chapter for which no penalty is otherwise provided, shall be fined not more than
five hundred dollars for the first offense and shall be fined not more than two thousand
dollars for any subsequent offense.
(b) The commissioner, after notice and hearing, may impose a civil penalty of not
more than one hundred dollars for each offense on any person, including a carrier,
shipper, consignee or broker or any officer, employee or agent of such person who
violates any provision of this chapter. Each day on which the violation occurs shall be
deemed a separate offense.
(c) Notwithstanding any provision of the general statutes to the contrary, any person
who is alleged to have committed a violation under the provisions of sections 13b-410a
to 13b-410c, inclusive, or of any regulation adopted in accordance with the provisions
of subsection (a) of section 13b-410 shall follow the procedures set forth in section
51-164n.
(1949 Rev., S. 5704; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 154, 348; P.A. 88-249, S. 2, 9;
P.A. 90-178; June Sp. Sess. P.A. 91-13, S. 3, 21; P.A. 93-307, S. 23, 34; P.A. 99-181, S. 8, 40.)
History: P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-614 replaced
public utilities control authority with division of public utility control within the department of business regulation, effective
January 1, 1979; P.A. 80-482 made division an independent department and deleted reference to abolished department of
business regulation; P.A. 88-249 transferred powers and duties from public utility control department to transportation
department, amending section as required by section 2 of the act (codified as Sec. 13b-387a), effective July 1, 1989.
(Revisor's note: Statute published in both Title 16 and Title 13b in the Connecticut General Statutes, Revision of 1958,
revised to 1989; Sec. 16-308 transferred to Sec. 13b-414, effective July 1, 1989); P.A. 90-178 increased penalty for
subsequent violations of the section; June Sp. Sess. P.A. 91-13 replaced "infraction" with "violation" and added Subsec.
(b) to require violations to follow procedures of the centralized infractions bureau of the superior court established in Sec.
51-164n; P.A. 93-307 deleted references to Secs. 13b-404, 13b-404a and 13b-405, which were repealed by the same act,
substituting reference to Secs. 13b-410a to 13b-410c, inclusive, effective June 29, 1993; P.A. 99-181 inserted new provisions re imposition of civil penalties as Subsec. (b), relettering existing Subsec. as (c), and made technical changes, effective
June 23, 1999.