Puerto Rico

At a glanceRequirements at a glance

Moving Company Authorization Required

Yes

Yes, where applicable: for the company providing moving services to the public for pay in Puerto Rico. Ley 109 lists moving companies among the “public service companies” it regulates and defines a moving company as one that owns, controls, operates, or manages a business carrying household goods, furniture, and personal effects that are not for resale, which can include packing where the contract provides for it. No person may operate as a public service company without a valid authorization from the NTSP. NTSP regulations identify moving company authorizations with the code “TCMU” (cargo transport company: moving). Under Reglamento 4469, an authorization is valid for five years, and the company must apply for renewal at least 30 days before it expires. Because the definition includes a company that controls or manages a moving business, the authorization may apply to a mover that sells and manages moves even where it subcontracts the trucking.

Application Conditions

The application is made under oath and includes the company’s proposed rates, office and storage locations, and a description of its vehicles. Individual applicants must provide, among other documents, a criminal record certificate, a DTOP driving record, a medical certificate, and a financial statement certified by a certified public accountant. Corporate applicants must provide incorporation documents, a certificate of good standing from the Puerto Rico Department of State, a certified financial statement, and a tax return. The applicant must also publish a notice of the application in two newspapers of general circulation. No nationality or ownership condition was found in Ley 109 or Reglamento 4469.

Approved Rates Required

Yes, for NTSP-authorized moving companies. Moving companies file their rates (tariffs) with the NTSP, may not raise or lower them without prior NTSP approval, and may not charge more than the approved rate. They must give a copy of their rates to anyone who asks.

Vehicle Inspection and Registration Required

Yes, where the mover operates its own vehicles. Each vehicle used in the business needs an NTSP certificate. Vehicles are inspected by the NTSP when the authorization is granted or renewed and annually after that. Each vehicle must also be registered with the DTOP. Each storage facility an NTSP-authorized mover uses in the business also needs an NTSP certificate. Where the trucking is subcontracted, the carrier’s own certificates and registrations cover the vehicles it operates.

Driver Licensing Required

Yes, where the mover operates its own vehicles. Drivers need a DTOP driver’s licence in the category that matches the vehicle. The DTOP licence categories include a “chofer” category for carrying goods or cargo for pay in lighter vehicles and separate heavy vehicle categories based on gross vehicle weight. Reglamento 4469 requires moving companies to make sure their drivers meet DTOP requirements.

Mandatory Insurance

Yes, at two levels. First, where the mover operates its own vehicles: every motor vehicle in Puerto Rico must carry compulsory liability insurance under Ley 253-1995, which covers damage to other people’s vehicles, paid together with the vehicle’s annual registration renewal. Bodily injury from traffic accidents is handled separately by a government no-fault system administered by the Automobile Accident Compensation Administration (ACAA). Second, Reglamento 4469 requires NTSP-authorized moving companies to carry public liability insurance from an insurer authorized by Puerto Rico’s Insurance Commissioner, plus insurance covering the goods in transit and in storage. Storage coverage must match the value of the goods stored and cover risks such as fire, flood, and earthquake. The NTSP sets coverage limits, and the mover must file copies of its policies with the NTSP.

Carrier Liability Rules

Set by the NTSP’s moving company regulation. A mover must exercise the care of a reasonably careful person and is responsible for damage caused by its own negligent acts or omissions or those of its agents. Its insurance must cover damage from negligent acts, fire, theft, hurricane, flood, and vandalism. The mover must tell customers the names of its insurers and may not require customers to buy additional insurance. It must also report serious accidents or damage over $500 to the NTSP within 24 hours.

Consumer Protection

Yes, through two agencies. The NTSP regulates moving companies as public service companies and hears complaints that they violated Ley 109 or its regulations. The Department of Consumer Affairs (DACO, Departamento de Asuntos del Consumidor) is Puerto Rico’s general consumer protection agency under its Organic Act, Ley Núm. 5 of 1973, with powers to investigate and decide consumer complaints about goods and services from private businesses.

Consumer Complaint Resources (For Movers Not Vetted as ITMs)

Yes. Consumers can file a complaint (“querella”) against a moving company with the NTSP. A formal complaint states the facts said to violate Ley 109 or its regulations and may ask for a remedy, including payment of a sum of money. The NTSP is located at 500 Ave. Roberto H. Todd, Santurce, San Juan (main office 787-756-0804). DACO accepts consumer complaints online or at its offices and investigates and decides them through its own administrative process.

Industry Association

None found. No Puerto Rico household-moving trade association was identified in this research.

OverviewOverview & Scope

Puerto Rico regulates moving companies directly, rather than relying only on general trucking rules. The Public Service Act (Ley 109 of 1962) treats a moving company that offers its services to the public for pay as a public service company, so it needs an authorization from the NTSP before operating. The NTSP’s Regulation for Moving Companies sets out how to apply, requires rate approval, annual vehicle inspections, insurance on the goods in transit and in storage, and sets standards of care. The authorization attaches to the moving company as Ley 109 defines it: a company that owns, controls, operates or manages a business carrying household goods. A mover that uses its own trucks needs it directly, and because the definition reaches a company that controls or manages a moving business, it may also apply to a mover that subcontracts the trucking. The vehicle, inspection and driver requirements attach to whichever company operates the vehicles. Where the trucking is subcontracted, the carrier’s own authorization, vehicle certificates, registrations, insurance and driver licences cover the transport it performs, and the mover uses carriers that hold them. A mover that operates its own vehicles must register them with the DTOP with compulsory insurance, and its drivers need the right DTOP licence category. For moves to or from the US mainland, federal rules also apply; see the International: Puerto Rico page.

RegistrationRegistration & Compliance Essentials

Company licensing

1. Register the business with the Puerto Rico Department of State. A company formed outside Puerto Rico must obtain authorization from the Department of State before doing business there.
2. Obtain an NTSP authorization as a moving company before offering moving services to the public for pay, including, as Ley 109’s definition may require, where the company manages moves but subcontracts the trucking. Renew it every five years, filing at least 30 days before it expires.
3. File rates with the NTSP, charge no more than the approved rates, and get NTSP approval before changing them.
4. Carry public liability insurance and insurance for goods in transit and in storage, and file copies of the policies with the NTSP.
5. Hold an NTSP certificate for each storage facility used in the business.

Vehicles and drivers (where the mover operates its own vehicles)

6. Present every vehicle for NTSP inspection when the authorization is granted or renewed and annually after that, and hold an NTSP certificate for each vehicle.
7. Register every vehicle with the DTOP, with compulsory liability insurance and the ACAA premium paid at each renewal.
8. Ensure every driver holds the correct DTOP licence category for the vehicle driven.

Subcontracted transport

9. Where transport is subcontracted, use carriers that hold the licences required for the transport they perform.

Customer practices and records

10. Tell customers the names of the company’s insurers and do not require customers to buy additional insurance.
11. Report to the NTSP changes of name or address within 48 hours and serious accidents or damage over $500 within 24 hours.
12. Retain receipts, contracts, and business records for at least three years, kept in fire-resistant storage as the regulation requires.

ChecklistCompliance checklist

Company licensing

• Business registered with, or authorized to do business by, the Puerto Rico Department of StateVerified by DocumentRequired
• NTSP moving company authorization (TCMU) held and current (five-year term)Where applicable (mover provides moving services to the public for pay in Puerto Rico, including a mover that controls or manages moves while subcontracting the trucking, under Ley 109's definition of a moving company)Verified by DocumentRequired
• Rates (tariff) filed with and approved by the NTSPWhere applicable (mover holds an NTSP moving company authorization)Verified by DocumentRequired
• Public liability, goods in transit and storage insurance in force, with policies filed with the NTSPWhere applicable (mover holds an NTSP moving company authorization)Verified by DocumentRequired
• NTSP certificate held for each storage facility used in the businessWhere applicable (mover holds an NTSP moving company authorization and uses storage facilities)Verified by DocumentRequired

Subcontracted transport

• Where transport is subcontracted, the mover uses carriers that hold the licences required for the transport they performWhere applicableVerified by AffirmationRequired

Vehicles and drivers (where the mover operates its own vehicles)

• NTSP inspection certificate held for each vehicleWhere applicable (mover operates its own vehicles)Verified by DocumentRequired
• Each vehicle registered with the DTOP, with compulsory liability insurance and ACAA premium paidWhere applicable (mover operates its own vehicles)Verified by DocumentRequired
• Each driver holds the correct DTOP licence category for the vehicleWhere applicable (mover operates its own vehicles)Verified by DocumentRequired

Customer practices

• Charges within the NTSP-approved rates, and a copy of the rates given to anyone who asksWhere applicable (mover holds an NTSP moving company authorization)Verified by AffirmationRequired
• Customers told the insurers’ names, and no additional insurance required of customersWhere applicable (mover holds an NTSP moving company authorization)Verified by AffirmationRequired
• Name or address changes reported to the NTSP within 48 hours, and serious accidents or damage over $500 within 24 hoursWhere applicable (mover holds an NTSP moving company authorization)Verified by AffirmationRequired

Records

• Receipts, contracts and business records retained for at least three years, in fire-resistant storage, as Reglamento 4469 requiresWhere applicable (mover holds an NTSP moving company authorization)Verified by AffirmationRequired