U.S. Department of Transportation
Office of Public Affairs
FOR IMMEDIATE RELEASE
Friday, October 19, 2001
Contact: Dave Longo
FMCSA Fines Four Household Goods Motor Carriers
The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) today announced that it has fined four for-hire motor carriers hauling primarily household goods from New York, New Jersey, and Illinois for multiple violations of the Federal Motor Carrier Safety Regulations (FMCSR).
All Points USA Relocation Systems, Inc. (All Points) and AAA United States Moving Systems, Inc. (AAA), both of Brooklyn, NY; Gibraltar Van Lines of Montclair, NJ; and EZ Movers, Inc. of Skokie, IL were served with notice of claim letters for violations of the FMCSR. FMCSA uses these letters to initiate enforcement action for violations FMCSR. The carriers were assessed civil penalties of $14,500, $24,000, $5000 and $12,500, respectively.
All Points was cited for multiple violations including failing to have its tariff (pricing rates) available for public inspection; failing to acknowledge receipt of loss and damage claims within 30 days of receipt; failing to provide the required consumer information, "Your Rights and Responsibilities When You Move"; failing to weigh interstate household good shipments in the required form and manner; and requiring shippers to sign documents releasing the carrier from its liability.
AAA was cited for multiple violations including failure to have a valid tariff, failing to retain copies of non-binding estimates in their files as addendums to the bill of lading, failing to relinquish possession of shipments upon payment of the original non-binding estimated price plus 10 percent, failing to prepare bills of lading, failing to weigh interstate household goods shipments in the required manner, selling or procuring insurance without a tariff provision, and operating a charge card plan without a tariff provision.
Gibraltar was cited for multiple violations including failing to charge its applicable tariff rate; failing to process loss and damage claims in the prescribed manner; failing to honor the 110 percent rule, whereby a mover may charge no more than 110 percent of the written estimate; failing to prepare bills of lading in the prescribed manner; failing to obtain weight tickets in the prescribed manner; and selling insurance without a valid tariff reference.
EZ was cited for multiple violations including failing to have a valid tariff, failing to participate in a dispute settlement program, failing to process loss and damage claims in the prescribed manner, operating a charge card plan without a tariff provision, failing to provide the required consumer information "Your Rights and Responsibilities When You Move," failing to relinquish possession of shipments upon payment of the original non-binding estimated price plus 10 percent, and failing to prepare bills of lading in the prescribed manner.
The motor carriers will have the opportunity to contest the alleged violations and the amount of the penalties in an agency proceeding.
These investigations were a result of consumer complaints received by FMCSA.
Consumers may file household goods or other
commercial motor carrier complaints on FMCSA's nationwide complaint hotline at
1-888-368-7238 (1-888 DOT-SAFT). To further protect consumers, a commercial
complaint form is now available on The Safety Violation and the Consumer
household Goods Commercial Complaint Website Hotline at
# # #