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.

Houshold Goods Tariff Violations

Posted by David Piotrowski

The penalties for household goods tariff violations can be very high. I have previously discussed household good tariffs here (400N Tariff), here (definition of a tariff), and here (new tariff rules).

Penalties for violating household goods tariff provisisions can be both civil and criminal in nature. Any person who charges rates not listed in the tariff shall be liable for a civil penalty of up to $100,000.00 for each violation. This means, in one day if a mover charges three (3) different customers rates that are inconsistent with the mover’s tariff, the mover shall be liable for up to $100,000.00 for each of those violations.

Movers may also be subject to criminal liability if they choose to charge customers rates that are inconsistent with their tariff. The penalties may include a financial fine and/or a jail sentence for up to two (2) years for each violation.

It is imperative that movers utilize their tariff and charge customers only the rates listed in the tariff and not one penny more or less.

Your Rights and Responsibilities When You Move

Posted by David Piotrowski

Your Rights and Responsibilities When You Move is a publication of the FMCSA. This article was adapted from the FMCSA’s website.

Your Rights and Responsibilities When You Move is a booklet that the FMCSA requires all movers to provide their customers with prior to the move.

In the words of the FMCSA, “Entrusting your possessions to another can be a stressful experience. The booklet explains to you what you have a right to expect from your mover and what you should do to help ensure your move is a smooth one.”

Your Rights and Responsibilities When You Move is a fairly long booklet and can be downloaded from this website here.

Interstate Move

Posted by David Piotrowski

I gave a brief overview of what an interstate move is here, but I thought it prudent to discuss interstate moves on a deeper level as this blog is geared primarily to those who provide interstate moving services and those who are in need of such services.

This majority of this article was taken from the FMCSA’s website www.protectyourmove.gov. For the article, please click here.

While I explain what an interstate move is below, this explanation is not meant to be an exhaustive explanation. There are other types of interstate moves; however, the below definitions and explanations of interstate moves are the more common uses of the term.

Interstate move means transportation of goods in the United States which is between a place in a state and a place outside of that state (including a place outside the United States); or between two places in a state through another state or place outside of the United States.

Interstate Move…
Occurs between a place in a state and a place outside of that state (i.e., in another state or country). Even if other modes of transportation, such as plane or rail, are involved in moving the goods as long as the goods cross a state line and involve a mover at any point, it is an interstate move, and at least the portion involving the mover is governed by FMCSA rules and regulations. The moving truck or van does not have to physically cross a state line for it to be an interstate move.

Interstate Move…
Occurs between two places in the same state if the shipment passes through another state.

AMSA

Posted by David Piotrowski

AMSA, short for the American Moving and Storage Association, is a name that all interstate movers should know. AMSA is an organization comprised of many domestic (and some international) moving companies that conduct interstate household goods moving services, as well as their suppliers and vendors.

AMSA was established in 1936 and currently serves around 3,700 members.

Membership in AMSA is available to those who qualify and members receive periodic newsletters with updates on the industry, access to annual events, certification programs, educational seminars, and more.

For more information, visit AMSA’s website.

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