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Transportation Compliance

A letter from the Federal Motor Carrier Safety Administration announces a compliance investigation, or a serious crash has put the company's safety records in front of a plaintiff's lawyer. In both cases, the records the company kept over the past months become the story.

Reviewed

01 GUIDE

Transportation Compliance: what usually happens

Where carriers draw scrutiny

Interstate motor carriers operate under federal safety regulations administered by FMCSA, and carriers operating only within New York are overseen by the state under standards that largely track the federal ones. Investigations are often triggered by crashes, complaints, or poor scores in the agency's safety measurement system. Driver qualification and hours-of-service records are frequent problem areas, along with drug and alcohol testing programs and vehicle maintenance documentation. A poor safety rating can affect operating authority, insurance, and the willingness of shippers and brokers to use the carrier. Hazardous materials carriers face an added layer of rules and registration.

Records that will be examined

Transportation compliance is largely a recordkeeping discipline. For each driver, the company should be able to produce a complete qualification file, medical certification, and testing records. Electronic logging device data, supporting documents for hours of service, and inspection and repair records for each vehicle are routinely requested. If an investigation or crash has occurred, preserve electronic data from vehicles and logging devices before it is overwritten, along with dispatch communications and telematics. Do not create or backdate records to fill gaps, because that turns a recordkeeping violation into something far more serious.

Responding to an audit or building a program

When an investigation is announced, we review the notice, help assemble the records requested, and identify gaps early so that a corrective action plan can be ready. If a proposed rating or penalty follows, there are administrative routes to challenge it or request an upgrade, and they come with short deadlines. For carriers building or repairing a program, we look at policies, training, and how compliance responsibilities are assigned internally. Brokers and shippers carry their own exposure in how they select carriers, which is worth discussing if you contract with others for transportation. Federal requirements in this area have been changing, including on driver qualification, so the current rules should be confirmed rather than assumed.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

03 CASE RESULTS

Matters we have handled

Prior results do not guarantee a similar outcome.

05 HOW WE WORK

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We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

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06 OFFICES

Where we meet clients

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New York

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(855) 529-7557

Washington, D.C.

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(855) 529-7557

Los Angeles

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(424) 561-7557

Attorney Advertising. This page is general information about transportation compliance and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.