Gerald Borovick

OSHA Extends National Emphasis On Warehouse Inspections To July 31, 2031

By:      Gerald D. Borovick OSHA has superseded and modified the National Emphasis Program on “Warehousing and Distribution Center Operations” comprehensive inspections started in 2023, by extending it another five (5) years to July 31, 2031.  OSHA’s July 31, 2026 directive (CPL-03-00-026) describing the modified NEP can be found here. Reason for extending NEP: Warehousing/Distribution … Read more

Rhode Island Federal Court Rules State-Law Tort And Statutory Claims Against Brokers Preempted By FAAAA Where Loss Involved Unexplained Damage To Cargo During Interstate Shipment

By:      Gerald D. Borovick In a case involving the shipment of a Catamaran sailboat in interstate commerce from Rhode Island to California, a Federal district court judge held in part, state-law tort and statutory claims against brokers involved in the shipment were preempted by the FAA Authorization Act of 1994 (FAAAA) and thus could … Read more

Summary of FMCSA Final 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 With FMCSA’s recent activation of “MOTUS,” the public (including Motor Carriers) should now be able to use it to research whether the license of a property Broker or surface Freight Forwarder is active, cancelled or subject to cancellation due to “financial failure or insolvency,” before accepting tender of a load … Read more

Agency Holds Applicant Is A Reincarnation Where Company Does Not Follow Through With NESA Resulting In Order To Cease Issued Against The Company Licensed Under Different Trade Name

By:      Gerald D. Borovick Where an applicant files new application for for-hire operating authority for property less than a year after same legal entity’s (but using a different registered trade name) U. S. DOT Number authorizing motor private carrier transportation is revoked because of noncompliance with FMCSA’s new entrant safety audit (NESA) requirements resulting … Read more

BUILD America 250 Act Legislation on Household Goods Consumer Protection Working Group, Commercial Enforcement Authority and Cracking Down on Chameleon Carrier/Brokers

By:      Gerald D. Borovick After a hiatus of almost seven years, Congress appears poised to enact laws which will, among other significant action:      1. Convene a retooled household goods working group to make findings and recommendations to U.S. DOT’s FMCSA to revise and update the Federal consumer protections relating to interstate transportation … Read more

Rejection of Applicant’s OP-1 Upheld Where Application For Motor Carrier Authority Omits Carrier Where That Carrier’s “Safety Director” Established A “Common Management” Nexus Between Applicant and Carrier Requiring Disclosure

By:      Gerald D. Borovick Issue: Whether an individual’s role as “Safety Director,” as indicated on FMCSA – filings made on behalf of another motor carrier and participation in compliance review as that other carrier’s point of contact within three (3) years of the Applicant’s application for operating authority registration (motor carrier and property broker … Read more

MOTUS – FMCSA’s New Registration System For Regulated Entities

By:      Gerald D. Borovick As part of FMCSA’s new iteration of a unified registration system rebranded “Motus,” the second phase of the roll-out requires applicants and existing motor carrier, broker, freight forwarder, intermodal equipment provider, and cargo tank facility registrants to enroll in Motus; whether as a first-time registrant or currently registered.[1] FMCSA advises, … Read more

FMCSA Strengthens DataQs Guardrails By Imposing New Rules Of The Road For States To Follow

By:      Gerald D. Borovick FMCSA is following through on its promise of improving the integrity and accuracy of safety data for motor carrier or commercial driver challenges to inspection and crash determinations made and reviewed by States through FMCSA’s online DataQs data correction system.[1]  States must afford a robust, multi-stage review process structured to … Read more

Continued Fallout Over GHC Cancellation: Dismissal of The Suddath Companies and Others Bid Protest Of GHC Action Against USTRANSCOM

By:      Gerald D. Borovick On July 18, 2025, the court dismissed The Suddath Companies and related consolidated post-award bid protest action without prejudice.  The Suddath Companies and government filed a joint stipulation of dismissal but National Holding Companies, Inc. and Total Military Management, Inc. did not.  In the government’s motion to dismiss, it argued … Read more

Mover Required to Compensate Individual Shipper For Value of New Motorcycle and Attorney’s Fees For Damage To 13 Year Old Bike

By:      Gerald D. Borovick Where, as part of an interstate household goods shipment, a 2009 motorcycle was damaged beyond repair during loading, the Individual Shipper selected full replacement value protection (FVP) and declared a $50,000 shipment value on the bill of lading, a Texas appeals court affirms $29,288.99 representing the replacement cost of a … Read more