Bus Transportation Law Firm

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More on the FMCSA Vetting Procedure


Straight from the FMCSA:

“To ensure that noncompliant carriers are not attempting to evade detection by creating new motor carriers, the Agency has implemented a vetting process for new passenger carrier operating authority applicants. This process compares available applicant information to existing carrier information. FMCSA’s algorithm identifies common characteristics such as names, addresses, phone numbers, e-mail addresses, vehicles, drivers, and insurance policy information. If similarities are detected, FMCSA investigates further.

The application is vetted by FMCSA and with the appropriate State agency. If an affiliation with a carrier with an unsafe record is detected through this vetting process, the applicant is required to provide additional documentation. FMCSA will deny authority to any unsafe carrier attempting to reestablish itself as a new carrier. ”

Jerry A. Casser, Esq. (Fairfield, NJ Transportation Attorney) www.jcasser.com


Update on FMCSA Vetting


On a recent post I noted that the FMCSA had apparently streamlined the vetting process for new entrants in the bus industry, so that the actual waiting time for the issuance of a Certificate of Public Convenience and Necessity was down to 2 months from 6 months (compared to the 23 days prior to August 2008).

Well, a gentleman came into my office today.  He had filed his own Application in late January.  He filed online, as I do, and he had some difficulty answering the Non-Affiliated Questions.  This happens to be a problem with the online program/form.  Anyway, he received a call and was asked to complete a paper copy of the Question and fax it in.  He answered “No” for Affiliations with other FMCSA carriers.

This gentleman then received a call from an FMCSA representative who asked him if he had anything to do with another carrier.  He answered that he drove a bus for another company.  He then was asked to write this on a paper copy of the Question, which he did and faxed it in.

Net result.  It’s August.  His Application has been pending since January.  No end in sight.  He was an employee, not an owner, which is what the Question on the Application is trying to find out.  He was told that the Application was on so and so’s desk and would eventually be acted upon.  Poor guy.  I’ll try to help him out.

Jerry A. Casser, Esq.  (Fairfield, NJ  Transportation Attorney) www.jcasser.com