Summary of FMCSA Proposed Rule on Broker/Freight Forwarder Financial Responsibility And Evidence of Security On File With FMCSA – The BMC-84 and BMC-85

By:      Gerald D. Borovick The Federal Motor Carrier Safety Administration has proposed changes to the financial responsibility requirements for brokers, freight forwarders and their sureties in In Matter Broker and Freight Forwarder Financial Responsibility, Dock. No. FMCSA-2016-0102 (Notice of proposed rulemaking), 88 Federal Register 830 (January 5, 2023). The proposed rule on broker/freight forwarder … Read more

Individual Shipper’s Massachusetts State-Law Claims, Including 93A, Preempted by Carmack Amendment

By:      Gerald D. Borovick A federal judge in Boston recently ruled an individual shipper’s suit against a California-based moving company following his move from San Francisco to Cambridge is governed exclusively by the Carmack Amendment to the ICC Termination Act of 1995.[1]  With this ruling, the district of Massachusetts is now firmly with other … Read more

Summary of New Hampshire 2023 Statutory Changes for Household Goods Carriers

By:      Gerald D. Borovick On and after January 1, 2023, New Hampshire shall significantly deregulate the licensure and rate-regulation of for-hire carriage of household goods by eliminating certain public utility requirements and bolstering consumer protection.[1] What follows is a summarization of some of the more significant statutory changes.  It is not intended to be … Read more

Individual Shipper Gets Significant Damages And Attorneys’ Fees After Arbitration Program Becomes An Issue In Case

By:      Gerald D. Borovick An individual shipper was awarded $133,533.00 in satisfaction of his actual damages and over $18,000 in attorneys’ fees plus pre- and post-judgment interest in a troubling case involving a residential interstate HHG move.[1] The mover was ordered to pay a majority of the individual shipper’s attorneys’ fees, the increased price … Read more

FMCSA Updates Household Goods Consumer Protection Rules Following FAST Act HHG Working Group Recommendations

By Gerald D. Borovick   Changes to household goods motor carrier and broker procedures and paperwork for communicating FMCSA’s consumer protection information, estimating, booking and contracting with consumers for interstate moves are scheduled to take effect June 27, 2022.[1] FMCSA’s Commercial Enforcement Division promulgated its Final Rule which adopted certain recommendations made to it by … Read more

FMCSA Rescinds Longstanding CMV Driver Record Of Violations/Certification Reporting And Recordkeeping Rule

By Gerald D. Borovick   The FMCSA is rescinding the longstanding driver “record of violations” reporting rule.[1]  After May 8, 2022, neither the motor carrier employer or driver will be required to complete and maintain the annual written driver certification as to the existence of traffic violations resulting in convictions or forfeited bond or collateral.  … Read more

Carmack Amendment Limits And Preempts Individual Shipper’s Loss Claim Involving Interstate Household Goods Move Overseen By Shipper’s Household Staff

By Gerald D. Borovick Where, on an interstate household goods move an Individual Shipper (the “Shipper”) alleged that the Mover either lost or stole one-third of the items valued at approximately $1.9 million from the shipment, a federal district court judge dismissed her Carmack Amendment loss claim and State law conversion claim as untimely and … Read more

First Circuit Court of Appeals Upholds Property Motor Carrier’s Unsatisfactory Safety Rating Assigned To Carrier By FMCSA Following Review Prompted By Driver Complaints To FMCSA’s National Consumer Complaint Database

By Gerald D. Borovick In a case of first impression, the First Circuit Court of Appeals denied a New Hampshire motor carrier’s petition for judicial review of a final order issued by the FMCSA that found the motor carrier’s overall safety rating unsatisfactory following a comprehensive on-site compliance review lasting almost four months and conducted … Read more

Unpacking Some Of FMCSA’s Proposed Changes To Federal Mover Household Goods Consumer Protection Rules

By Gerald D. Borovick The FMCSA proposes adopting certain recommendations made to it by a “working group” to change Federal household goods Consumer Protection Regulations motor carriers (Movers) are required to follow when providing interstate household goods transportation or service to an individual consumer shipper (the Individual Shipper).[1]   The intent is to update outdated … Read more