FOR IMMEDIATE RELEASE
Tuesday,
May 15, 2001
Contact:
Dave Longo
Telephone:
202-366-0456
FMCSA
11-01
FMCSA
Fines Two Motor Carriers for Multiple Violations; Earlier Investigation of Third
Leads to Criminal Action
The
U.S. Department of Transportation’s Federal Motor Carrier Safety
Administration (FMCSA) today announced that it has fined a motor carrier from
New Hampshire and another from Virginia and that, as a result of investigation,
three employees of a Florida mover pled guilty in federal court to criminal
action.
Cormier
Movers of North Hampton, N.H., and ACM Transportation of Fairfax, Va., were
served with Notice of Claim letters. FMCSA uses these 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 (“Your Rights and Responsibilities When You
Move”) 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 LLC, a for-hire motor carrier that primarily hauls
garbage, refuse and trash, was cited for multiple violations of the FMCSR
discovered 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 United States
District Court Judge Daniel T. K. Hurley to conspiracy and tariff violations in
the transportation of household goods across state lines.
The defendants, employees of All American
Van Lines, Pembroke Park, Fla., provided local and interstate shipping service
to the public. As a result of the underlying investigation that led to these
charges, All American Van Lines discontinued business. Assistant United States
Attorney Christopher J. Clark presented this case on behalf of the United States
Attorney’s Office, Southern District of Florida. The defendants face
sentencing of up to two years in prison and may be required to pay restitution
to shippers.
Consumers may now file a household goods or other commercial complaint on
FMCSA’s nationwide complaint hotline at 1-888-368-7238 (1-888-DOT-SAFT).
A commercial complaint form is available on FMCSA’s website at www.fmcsa.dot.gov.
Completed complaint forms may be mailed to FMCSA, Consumer Affairs
Office, 400 Virginia Ave., S.W., MC-PA, Washington DC 20024 or faxed to
202-358-7100.
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