The Federal Motor Carrier Safety Administration (FMCSA) announced today that it has fined motor carriers from New Hampshire and Virginia and that, as a result of an investigation, three employees of a Florida mover pled guilty in federal court to criminal action. Cormier Movers of North Hampton, NH, and ACM Transportation LLC of Fairfax, VA were served with Notice of Claim letters. FMCSA uses the letters to initiate enforcement action for violations of the Federal Motor Carrier Safety Regulations (FMCSR). The carriers were assessed civil penalties of $21,000 and $220,000, respectively.
Cormier, a for-hire carrier that primarily hauls household goods, was cited for improper handling of loss and damage claims, for failing to provide the required consumer information and an accurate summary of its dispute settlement process, and for failing to weigh interstate household good shipments in the required form and manner.
According to the FMCSA, interstate common carriers of household goods must provide consumers with certain information so that they will understand their rights as customers. Shipments transported on a weight-based estimate must be weighed in a specific manner. Upon delivery, the consumer should receive a weigh ticket stating the actual weight of the shipment. The weight is used in determining the total charges of the shipment.
ACM Transportation, a for-hire motor carrier that primarily hauls garbage, refuse and trash, was cited for multiple violations of the FMCSR involving drug and alcohol testing and excessive hours of service. They were discovered during an investigation conducted by FMCSA’s Virginia Division. Also, ACM Transportation was issued a proposed unsatisfactory safety rating for these violations.
FMCSA also announced today that a June 1998 investigation has led to criminal action. Defendants David Frank, Melanie Murphy,and Caroline McGowan pled guilty before U.S. District Court Judge Daniel T. K. Hurley to conspiracy and tariff violations in the transportation of household goods across state lines.
The defendants face sentencing of up to two years in prison and may be required to pay restitution to shippers.