Washington Utilities & Transportation Commission Issues Penalty Assessment Involving JFS Transport
* * *
To:
Revised Code of
On
* One violation of WAC 480-15-530 - Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage. The Company failed to maintain appropriate liability insurance.
* One violation of WAC 480-15-550 - Failure to obtain and maintain proper levels of cargo insurance. The Company operated without maintaining appropriate cargo insurance.
* Seventeen violations of WAC 480-15-555 - Failing to conduct or retain paperwork containing criminal background checks or hiring an individual with a disqualifying conviction for a household goods carrier in the state of
* Two violations of 49 C.F.R. Sec. 391.45 (a) - Using a driver not medically examined and certified. The Company allowed drivers
* Two violations of 49 C.F.R. Sec. 391.51 (a) - Failing to maintain driver qualification file on each driver employed. The Company failed to maintain a driver qualification file for drivers
* Forty-six violations of 49 C.F.R. Sec. 395.8(a)(1) - Failing to require a driver to prepare a record of duty status using the appropriate method. The Company failed to require drivers
* One violation of 49 C.F.R. Sec. 396.3(b) - Failing to keep minimum records of inspection and vehicle maintenance. The Company failed to keep proper inspection and vehicle maintenance records for one CMV.
* One violation of 49 C.F.R. Sec. 396.17(a) - Using a CMV not periodically inspected. The Company failed to have its CMV periodically inspected.
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) fail to maintain appropriate liability insurance, (2) fail to maintain appropriate cargo insurance, (3) fail to perform background checks on their employees, (4) allow drivers to operate CMVs without valid medical certificates, (5) fail to maintain driver qualification files, (6) fail to require drivers to prepare records of duty status, (7) fail to keep proper inspection and vehicle maintenance records, and (8) operate CMVs that are not periodically inspected 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 Commission staff's (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
On
On
3. Whether the Company self-reported the violations. Coast Movers did not self-report these violations.
4. Whether the Company was cooperative and responsive. The Company was uncooperative, slow to respond to investigator requests, and failed or refused to present requested documentation throughout the safety investigation.
5. Whether the Company promptly corrected the violations and remedied the impacts. The Company has not provided Staff with evidence that the violations have been corrected.
6. The number of violations. Staff identified 18 violation types with a total of 83 individual occurrences during the routine safety investigation of Coast Movers. Of those violations, Staff identified eight violation types with 71 individual occurrences that warrant penalties in accordance with the Commission's Enforcement Policy.
7. The number of customers affected. Coast Movers reported traveling 9,500 miles in 2021. These violations presented a public safety risk.
8. The likelihood of recurrence. Although Staff provided the Company with technical assistance that included specific remedies to help it assess how well its safety management controls support safe operations and how to begin improving its safety performance, Coast Movers was uncooperative during the safety investigation. 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
On
On
On
On
On
On
On
On
Coast Movers has no history of penalties for safety violations with the Commission.
10. The Company's existing compliance program.
11. The size of the Company. The Company employs two drivers and operates one commercial motor vehicle. 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./1 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 Coast Movers
* One violation 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
* One violation of WAC 480-15-550 - Failure to obtain and maintain proper levels of cargo insurance. The Commission assesses a penalty of
* Seventeen violations of WAC 480-15-555 - Failing to conduct or retain paperwork containing criminal background checks or hiring an individual with a disqualifying conviction for a household goods carrier in the state of
* Two violations of 49 C.F.R. Sec. 391.45(a) - Using a driver not medically examined and certified. The Commission assesses a
* Two violations of 49 C.F.R. Sec. 391.51(a) - Failing to maintain driver qualification file on each driver employed. The Commission assesses a "per category" penalty of
* Forty-six violations of 49 C.F.R. Sec. 395.8(a)(1) - Failing to require a driver to prepare a record of duty status using the appropriate method. The Commission assesses a "per category" penalty of
* One violation of 49 C.F.R. Sec. 396.3(b) - Failing to keep minimum records of inspection and vehicle maintenance. The Commission assesses a penalty of
* One violation of 49 C.F.R. Sec. 396.17(a) - Using a CMV not periodically inspected. 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 of 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 of 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 Penalty Assessment 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 within FIFTEEN (15) days after you receive this Penalty Assessment. 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 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/
* * *
Footnotes:
1/ Docket A-120061 - Enforcement Policy of the
* * *
Original text here: https://apiproxy.utc.wa.gov/cases/GetDocument?docID=9&year=2022&docketNumber=220509
Patent Issued for Methods to compress, encrypt and retrieve genomic alignment data (USPTO 11393559): Sophia Genetics S.A.
Car Insurance Market to See Booming Growth : Allstate Insurance, Metlife, State Farm Insurance
Advisor News
- Inflation Reduction Act may have little impact on inflation
- SEC obtains judgment against broker charged with defrauding clients
- Here's one reason why America's racial wealth gap persists across generations
- Ken Morris: Before you retire early, ask yourself a simple question
- Half of Kansans have no retirement savings. This statewide program is a no-brainer
More Advisor NewsAnnuity News
- Global Atlantic announces $10B group annuity reinsurance deal with Equitable
- Colorado adopts new annuity sales regulations
- National Western Life introduces new fixed indexed annuity, NWL New Frontiers
- Jackson National announces second quarter 2022 results
- Brighthouse Financial adds to Shield Level annuity suite with new product
More Annuity NewsHealth/Employee Benefits News
- Higher out-of-pocket patient bills are hitting hospitals hard
- Best’s Commentary: Inflation Reduction Act will benefit U.S. health insurers
- Virginia Obamacare rates set to fall next year
- Colorado workers, employers to begin paying 0.45% of wages for voter-approved paid leave program
- Connecticut insurers defend rate hike requests during public hearing
More Health/Employee Benefits NewsLife Insurance
- Sammons names Tyler Brown new government affairs director
- Alex Murdaugh petitions to delay Mallory Beach trial amid murder charges
- Sales of life combination products rebound in 2021, LIMRA reports
- Integrity Marketing Group acquires Richman Insurance Agency
- How to get the most out of Life Insurance Awareness Month
More Life Insurance