On the recordDecember 19, 2012
Mr. President, as Senator Pryor points out, the clear intent of Congress in adopting the Limited Service Exclusion section of SAFETEA-LU was to ensure cost-conscious, budget-driven consumers will continue to have the option to choose low-cost moving services for their goods. Although I was not a member of Congress when SAFETEA-LU was passed, you can plainly see that Congress made it clear in another section of SAFETEA-LU that it was codifying and preserving decades of law developed and perpetuated at the FMCSA, its predecessor the Interstate Commerce Commission, and the courts that authorize general commodity motor carriers lacking household goods authority to transport household goods as long as they do not perform specialized household goods related services such as loading and unloading. Here is what Congress added to SAFETEA-LU, now codified at 49 U.S.C. Sec. 13102(12)(B): The term [``household goods motor carrier''] includes any person that is considered to be a household goods motor carrier under regulations, determinations, and decisions of the Federal Motor Carrier Safety Administration that are in effect on the date of enactment of the Household Goods Mover Oversight Enforcement and Reform Act of 2005. The definition of ``household goods motor carrier'' that Congress sought to preserve and perpetuate focuses on the nature of the services performed, not on the commodity itself.…





