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Home My WebLink AboutGUMM.docx January 29, 1999 Mr. Arnold Gumm Mobile Home Relocaters 2819 Caldwell Blvd., No. 613 Nampa, ID 83651 Dear Mr. Gumm: I have been apprised by Mr. Robert Horton of the Commission’s Regulated Carrier Division regarding an incident that occurred on or about October 28, 1998, in which you or your business, Mobile Home Relocaters, transported a mobile home using a motor vehicle for hire. This service was performed for Mr. Jay P. Clark of Mountain Home, Idaho. You moved the mobile home from the Canyon Creek Mobile Home Park located in Elmore County, Idaho to property owned by Mr. Clark, also located in Elmore County. Both the origin and destination of this particular move are in Elmore County outside the city limits of Mountain Home and travel between the origin and destination involved routing within the city limits of Mountain Home. A review of the Commission’s records reveal that neither you nor your business Mobile Home Relocaters currently, or at the time of the aforementioned move, possess a motor carrier permit issued by the Commission and required pursuant to Idaho Code § 61-802. That statute states, in part: “It shall be unlawful for any motor carrier, as the term is defined in this chapter, to operate any motor vehicle in motor transportation without first having obtained from the Commission a permit covering such operation.” The term “motor carrier” is defined in Idaho Code § 61-801 and clearly applies to the transport of Mr. Clark’s mobile home. Consequently, you are in violation of Idaho Code § 61-802. Following his investigation of the move of Mr. Clark’s mobile home, Mr. Horton also determined that you do not possess the requisite cargo insurance providing indemnity for loss or damage to the property transported as required by Rule 21 of the Commission’s Motor Carrier Rules, IDAPA 31.61.01.000.021. That rule provides that motor carriers maintain a minimum level of insurance or surety bond coverage for cargo damage equivalent to “the fair market value of the cargo.” Finally, enclosed is a copy of the consent judgment and permanent injunction issued by District Judge McKee in Civil Case No. 90941, which orders that you are “preliminarily and permanently restrained and enjoined from engaging in the business of providing motor carrier service” unless you first obtain a valid permit from this Commission. The judgement further orders that you are “preliminarily and permanently restrained and enjoined from permitting any vehicles registered to [you], owned by [you] or subject to [your] control from being used in intrastate commerce in violation of the Idaho Motor Carrier Act, Idaho Code Title 1, Chapter 8. The purpose of this letter is to inform you that your actions with respect to the transport of Mr. Clark’s mobile home in Elmore County constitute behavior that is subject to criminal and civil sanctions and is in violation of the consent judgment and permanent injunction issued by the District Court. You are hereby directed to cease and desist from such activity (conducting motor carrier business in violation of the Commission’s Motor Carrier Act) immediately. If you have any questions regarding this matter, do not hesitate to contact me. Sincerely yours, Brad M. Purdy Deputy Attorney General BP/vld L:gumm.bp MR. ARNOLD GUMM MOBILE HOME RELOCATERS 2819 CALDWELL BLVD., NO. 613 NAMPA, ID 83651