Wash. Utilities & Transportation Commission Issues Penalty Assessment Involving Americam Movers
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To:
Revised Code of
On
* Five violations of WAC 480-15-530 - Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage. Americam Movers failed to maintain the required public liability and property damage insurance. The Company allowed its drivers to operate a commercial motor vehicle (CMV) without the required insurance on five occasions
* Five violations of WAC 480-15-550 - Operating a commercial motor vehicle without having adequate cargo insurance coverage. The Company failed to maintain the required cargo insurance coverage. The Company allowed its drivers to operate a CMV without the required cargo insurance on five occasions
* Forty-two violations of 49 C.F.R. Sec. 391.45(a) - Using a driver not medically examined and certified. The Company allowed driver
* One violation of 49 C.F.R. Sec. 396.21(b)(1) - Failing to retain periodic inspection report for 14 months from date of inspection. The Company failed to maintain a periodic inspection report for 14 months from date of inspection for one CMV.
* One violation of 49 C.F.R. Sec. 396.3(a)(1) - Parts and accessories shall be in safe and proper operating condition at all times. Commission staff's (Staff) discovered a CMV that failed the air loss rate test. This CMV was placed out-of-service./1
The Commission considered the following factors in determining the appropriate penalties for these violations:
1. How serious or harmful the violations are to the public. The violations noted are serious and potentially harmful to the public. Household goods moving companies that: (1) operate CMVs without the required public liability and property damage insurance, (2) operate CMVs without the required cargo insurance coverage (3) use drivers that are not medically examined and certified, (4) fail to retain periodic inspection reports, and (5) use CMVs in need of repairs put their customers, their customers' belongings, and the traveling public at risk. These violations present significant safety concerns.
2. Whether the violations were intentional. Considerations include:
* Whether the Company ignored Staff previous technical assistance; and
* Whether there is clear evidence through documentation or other means that shows the Company knew of and failed to correct the violation.
On
On
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3. Whether the Company self-reported the violations. Americam Movers did not selfreport these violations.
4. Whether the Company was cooperative and responsive. The Company was cooperative throughout the safety investigation.
5. Whether the Company promptly corrected the violations and remedied the impacts.
Americam Movers provided Staff with evidence that its driver received a new medical certificate. Staff has not received evidence that the remaining violations have been corrected.
6. The number of violations. Staff identified 20 violation types with a total of 77 individual occurrences during its follow-up safety investigation of Americam Movers. Of those violations, Staff identified five violation types with 54 individual occurrences that warrant penalties in accordance with the Commission's Enforcement Policy.
7. The number of customers affected. Americam Movers reported traveling 44,670 miles in 2023. These safety violations presented a public safety risk.
8. The likelihood of recurrence. The Company incurred repeat violations despite prior technical assistance and suspended penalties. Absent a significant commitment to prioritize safe operations, the violations are likely to reoccur.
9. The Company's past performance regarding compliance, violations, and penalties.
On
On
10. The Company's existing compliance program.
11. The size of the Company. The Company employs three drivers and operates five commercial motor vehicles. The Company reported
The Commission's Enforcement Policy provides that some Commission requirements are so fundamental to safe operations that the Commission will issue mandatory penalties for each occurrence of a first-time violation./2 The Commission generally will assess penalties by violation category, rather than per occurrence, for first-time violations of those critical regulations that do not meet the requirements for mandatory penalties. The Commission will assess penalties for any equipment violation meeting the
The Commission has considered these factors and determined that it should penalize Americam Movers
* Five violations of WAC 480-15-530 - Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage. The Commission assesses a penalty of
* Five violations of WAC 480-15-550 - Operating a commercial motor vehicle without having adequate cargo insurance coverage. The Commission assesses a penalty of
* Forty-two violations of 49 C.F.R. Sec. 391.45(a) - Using a driver not medically examined and certified. The Commission assesses a penalty of
* One violation of 49 C.F.R. Sec. 396.21(b)(1) - Failing to retain periodic inspection report for 14 months from date of inspection. The Commission assesses a penalty of
* One violation of 49 C.F.R. Sec. 396.3(a)(1) - Brakes (general): Failed air loss rate test. The Commission assesses a penalty of
This information, if proven at a hearing and not rebutted or explained, is sufficient to support the Penalty Assessment.
Your penalty is due and payable now. If you believe any or all the violations did not occur, you may deny committing the violation(s) and contest the penalty through evidence presented at a hearing or in writing. Alternatively, if there is a reason for any or all the violations that you believe should excuse you from the penalty, you may ask for mitigation (reduction) of the penalty through evidence presented at a hearing or in writing. The Commission will grant a request for hearing only if material issues of law or fact require consideration of evidence and resolution in a hearing. Any request to contest the violation(s) or for mitigation of the penalty must include a written statement of the reasons supporting that request. Failure to provide such a statement will result in denial of the request. See RCW 81.04.405.
If you properly present your request for a hearing and the Commission grants that request, the Commission will review the evidence supporting your dispute of the violation(s) or application for mitigation in a Brief Adjudicative Proceeding before an administrative law judge. The administrative law judge will consider the evidence and will notify you of their decision.
You must act within 15 days after receiving this notice to do one of the following:
* Pay the amount due.
* Contest the occurrence of the violation(s).
* Admit the violations but request mitigation of the penalty amount.
Please indicate your selection on the enclosed form and submit it electronically through the Commission's web portal at https://efiling.utc.wa.gov/Form within FIFTEEN (15) days after you receive this Penalty Assessment./3 If you are unable to use the web portal, you may submit it via email to [email protected]. If you are unable to submit the form electronically, you may send a paper copy to the
If you wish to make a payment online, please use this link: Make a Payment Now (wa.gov)./4
If you do not act within 15 days, the Commission may take additional enforcement action, including but not necessarily limited to suspending or revoking your certificate to provide regulated service, assessing additional penalties, or referring this matter to the
DATED at
/s/
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Footnotes:
1/ Company vehicle number 4, VIN: 1HTMMAAL15H167600
2/ Docket A-120061 - Enforcement Policy of the
3/ https://efiling.utc.wa.gov/Form.
4/ https://www.utc.wa.gov/documents-and-proceedings/online-payments/make-payment-now
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Original text here: https://apiproxy.utc.wa.gov/cases/GetDocument?docID=3&year=2023&docketNumber=230696
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