FMCSA Compliance Review and Rating Information

Posted by David Piotrowski

Interstate household goods moving companies are licensed by the United States Department of Transportation (USDOT). Interstate carriers are subject to the FMCSA ratings system and compliance reviews.

FMCSA safety ratings are in effect to verify that motor carriers have adequate safety management controls in place to ensure compliance with the applicable laws. Approximately 16,000 compliance reviews and conducted each year, but only a fraction of those reviews are rated. Of the carriers that receive a compliance review, more than 40% receive either a conditional or unsatisfactory safety rating. Ratings are easily viewable on the FMCSA website at http://www.protectyourmove.gov.

FMCSA ratings can be appealed by an “administrative appeal” under 49 CFR Section 385.15 or by “correction action” in 49 CFR Section 385.17.

Some of the biggest violations are due to improper or inadequate driver log books, failure to screen for alcohol/drugs, and failing to maintain and prepare adequate records.

The Law Office of David Piotrowski can assist carrier’s with ensuring their compliance with FMCSA rules and regulations.

Electronic Signatures on FMCSA-Regulated Moving Documents

Posted by David Piotrowski

On January 4, 2011, the Federal Motor Carrier Safety Administration (“FMCSA”) issued guidance on electronic signatures. See 74 F.R. 411 (2011). The guidance makes clear that electronic signatures will be allowed on moving documents so long as it identifies and authenticates who is signing the document and also that it indicates such person’s approval of the information contained in the electronic communication. Up until this point, it was unclear whether the use of electronic signatures on FMCSA-regulated documents would be legally sufficient. What remains unclear, however, is what exact methods of effecting an electonic signature will be deemed compliant with the law.

electronic fmcsa household goods interstate moving moving company signature usdot

Custom Tariff Publishing, Bill of Lading, and Order for Service Video for FMCSA Interstate Moving Companies

Posted by David Piotrowski

Interstate household goods transportation companies must publish a tariff and must issue a Bill of Lading and Order for Service on each and every interstate moving job that they perform. This is mandated by law. Failure to publish a tariff or issue a Bill of Lading and Order for Service may result in moderate to severe penalties. The FMCSA department of the USDOT have been fining interstate moving companies for failure to publish a tariff and failure to create a Bill of Lading and Order for Service. Many owners of moving companies often contact me about their business and wanting to know what they need to do to comply with tariff and other regulatory matters. The majority of new moving company owners have heard of a tariff, but they don’t really know what it means to “publish a tariff.” Similarly, most owners know that they need to create a Bill of Lading and an Order for Service, but they don’t really know what needs to be on these documents.

To assist moving company owners, we have created a video describing the basics of tariff publishing, Bills of Lading, and the Order for Service. A video outlining the basics of a tariff, Bill of Lading, and Order for Service, can be found here.

The Law Office of David Piotrowski works with interstate household goods moving companies to publish their tariff, as well as create customized contracts including the Bill of Lading and Order for Service.

FMCSA Compliance Reviews

Posted by David Piotrowski

FMCSA Compliance Reviews are serious. When an interstate household goods moving company receives notification of an upcoming compliance review, they should ensure that their files are in order and up-to-date. While moving companies are required by federal law to comply with all applicable rules and regulations governing the industry, sometimes movers may be unaware of a certain rule or fail to update their records in a manner that is required of them.

The purpose of an FMCSA Compliance Review is to review a motor carrier’s operations including, but not limited to, their compliance with tariff requirements, Bills of Lading, Order for Service, Estimates, and other documents, accident registers, driver files, claim files, and other relevant information pertaining to the operations of the company.

Click here to watch a Video describing FMCSA Compliance Reviews.

Moving companies should diligently prepare for the compliance review. A negative review may result in fines or suspension/revocation of the carrier’s operating authority.

The Law Office of David Piotrowski performs “mock” compliance review audits to ascertain and inform the moving company of their various strengths and weaknesses to help them better prepare for the compliance review audit.

FMCSA Household Goods Brokers New Rules and Regulations

Posted by David Piotrowski

The FMCSA issued a final ruling on new regulations pertaining to interstate household goods brokers. The new rules apply to all interstate brokers of household goods and are meant to provide additional consumer protections. A summary of the major changes to household goods broker rules are outlined below.

1. What information must a broker display in advertisements and internet websites? Brokers must display their USDOT and MC numbers. Household goods brokers must also display their physical address. They must state that they are a broker and that they will not transport the individual shipper’s household goods. Rather, the household goods broker will arrange for the transportation of the HHG by an FMCSA-authorized HHG carrier. If the broker provides estimates on any carrier’s behalf, the household goods broker must state that the estimate is based on the carrier’s tariff and that the carrier is required to make its tariff available for inspection upon request. The broker can only include the names or logos of HHG carriers with whom the broker has a written agreement.

2. Must a broker inform individual shippers which motor carriers are being used? Yes, and the broker must also include the HHG carrier’s USDOT and MC numbers. The interstate household goods broker must tell shipper’s that they are not a motor carrier, and that they are only arranging for a carrier to transport the goods. This information can be provided electronically or on paper.

3. Must brokers provide shippers with consumer protection information? Yes, brokers must provide both “Your Rights and Responsibilities When You Move” and “Ready to Move.” This can be provided via a hyperlink or on paper.

4. May a broker provide shippers with a written estimate? Yes, any estimate must be in writing and be based upon a physical survey if the pickup is located within 50 miles or the motor carrier’s office, unless a written waiver is received. Any waiver must be easy to understand and written with a minimum font size of 7. The waiver must be printed on the estimate and a copy of the waiver must be retained as an addendum to the bill of lading. The estimate must be based upon the published tariff of the authorized HHG carrier who will transport the goods. All estimates and related documents must be kept for a minimum of 3 years.

5. Must brokers maintain agreements with motor carriers before providing estimates? The household goods broker must comply with 49 CFR 375.409. The agreement between the broker and the carrier must include the brokers and the carriers name, license numbers, address, a statement that the brokers written estimate will be on behalf of the carrier, that it will be based on the carriers tariff, and that it will serve as the official estimate for the move, including the requirement that the HHG carrier must relinquish possession after payment of 110% (if a non-binding estimate). The agreement must also include the signature and date of the broker and the signature and date of the carrier. This agreement must be kept throughout the term of the partnership and for 3 years thereafter.

6. Must a broker provide shippers with information on cancellations, deposits, and refunds? Yes, this information must be prominently displayed on the website site and in the agreements with shippers.

7. Will the broker bond amount increase? Yes, brokers must have a surety bond in the amount of $25,000 this must be filed with the FMCSA no later than January 1, 2012.

For more information and to request legal assistance, please contact the Law Office of David Piotrowski.

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