Gerald BorovickBy: 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
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
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
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
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
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
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
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
By: Gerald D. Borovick On November 16, 2023, the Federal Motor Carrier Safety Administration (FMCSA) promulgated a long-awaited set of rules to implement and enforce uniform limits and sanctions to the financial security and responsibility requirements for property brokers, surface freight forwarders and their sureties, as mandated by Congress in a federal transportation law … Read more
By: Gerald D. Borovick The September 2024 complaint filed by the Justice Department describes the defendant as a North Carolina-based company that is vertically-integrated real estate developer, owner, and operator of specialty real estate products, focused primarily on self-storage facilities and marinas, and is alleged to have enforced liens on property and effects of … Read more