Gerald Borovick By: Gerald D. Borovick New “interim” rules covering intrastate household goods transportation in New Hampshire went into effect April 27, 2023. The Road Toll Bureau, a division within the NH Department of Safety, recently obtained approval for the interim rules proposed which it deems necessary to regulate household goods carriers in New Hampshire in … Read more
By: Gerald D. Borovick In a recent civil penalty case decided against a motor carrier, the FMCSA’s Agency Decisionmaker by Delegation (Chief Decisionmaker) rules the motor carrier “tampered” with the ELD on certain trips by disconnecting it in order to mask driving time because the driver was out of hours in his duty status. … Read more
By: Gerald D. Borovick Massachusetts Senator Michael J. Barrett has proposed legislation which would, among other things, remove regulatory oversight of household goods moving companies, bus, tow and ride-sharing companies from the Transportation Oversight Division by eliminating that division from Massachusetts Department of Public Utilities.[1] Does this mean that movers, charter bus operators, towing … Read more
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
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
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
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
By: Gerald D. Borovick After more than 2 ½ years of legal skirmishing, the United States Court of Federal Claims in Washington D.C., decides in favor of HomeSafe Alliance, LLC, as the single indefinite delivery, indefinite quantity moving/relocation service provider to civilian and military DoD personnel and U.S. Coast Guard members under the Global … Read more
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
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