Section 194. Agents  


Latest version.
  • 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.