Texas Administrative Lawyers Defend FMCSA Carrier Actions
Updated: Nov 8, 2023
The Federal Motor Carrier Safety Administration, or FMCSA, is an agency within the U.S. Department of Transportation (USDOT) that was established in January 2000 under the Motor Carrier Safety Improvement Act. The FMCSA's mission is to ensure motor carrier safety through licensing, regulation, regulatory compliance and enforcement. In fiscal year 2022, the FMCSA brought 3,513 actions against regulated persons and entities, such as commercial freight carriers, passenger carriers, shippers and freight forwarders, among others. FMCSA conducts safety inspections, roadside inspections, traffic enforcement, and regulates the activities of Mexican Carriers that operate with in the United States.
FMCSA also conducts compliance reviews (CRs), also known as DOT compliance reviews, of carriers to make sure a carrier is following FMCSA safety protocols. In these situations, a state or federal safety inspector conducts an on-site inspection of carrier operations. A compliance review may occur after a serious accident that has resulted in a fatality or severe injury, due to poor CSA basic scores, or a safety complaint. If a carrier fails a compliance review, FMCSA will require the carrier to formulate and carry out a corrective action plan (CAP) to remediate any problems found in the compliance review. The FMCSA compliance review may also be known as an audit. The result of an audit may be a rating of satisfactory, conditional or unsatisfactory.
FMCSA may also bring enforcement proceedings, including civil penalty and driver disqualification proceedings, before the agency. Penalties may also assessed for commercial motor vehicle safety and hazardous materials violations. If FMCSA decides to start administrative enforcement proceedings, FMCSA issues a Notice of Claim by a representative of the FMCSA. The Notice of Claim provides for three options. Paying the full amount of the claim in the Notice of Claim, contesting the claim by requesting administrative adjudication (an administrative hearing with FMCSA), or seeking binding arbitration through the FMCSA's arbitration proceeding.
FMCSA matters are tried before a Hearing Officer, who makes a recommendation to the Assistant Administrator, who may issue a Final Order. There is the right to appeal the Hearing Officer's recommendation. FMCSA matters may be tried to a decision, or settled by a Settlement Agreement, usually for a negotiated penalty.
The Texas administrative law attorneys at Ray & Weinstein, PC defend against federal administrative investigations and enforcement actions. Administrative law cases are very different in the law and strategy from civil or criminal cases. An attorney not experienced in administrative law can do more harm than good.
Ray & Weinstein, P.C., provides legal representation for federal administrative law matters. Contact us if you have received a complaint or an enforcement action.
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