Law Offices of Michael Garcia
Law Offices of Michael Garcia
Contact information and mailing address:
7676 Hazard Center Drive, 5th Floor
San Diego, California 92108
Copyright © 2011 Law Offices of Michael Garcia All Rights Reserved
Check the license and authority status of any interstate carrier by searching the US DOT website:
Michael Garcia is an attorney from Santa Clara, California and the principal of the Law Office of Michael Garcia. Mr. Garcia is an author
, trial attorney, and consumer protection attorney. His firm specializes in interstate and intrastate transportation law and the representation of household goods moving companies, bus and passenger carriers, and consumers. His practice focuses on regulatory compliance
and training, tariff
and contract requirements, safety compliance, and consumer protection laws. Mr. Garcia's practice has a strong emphasis on training in order to avoid litigation and regulatory actions by educating motor carriers to operate in compliance with the law and to protect consumers.
Moving company representation
: Mr. Garcia's regulatory compliance practice includes training, drafting of shipping documents (bill of lading
, order for service
, binding estimate
, non-binding estimate
, etc.). Mr. Garcia's firm publishes custom interstate moving company tariffs
in compliance with FMCSA and STB regulations. Mr. Garcia's firm also represents moving companies in regulatory actions and civil lawsuits against moving companies.
Bus and Passenger Carrier representation: Mr. Garcia's representation of bus and passenger carriers focuses on licensing, regulatory compliance, and safety and fitness matters.
Mr. Garcia's represents consumers in lawsuits against moving companies and in arbitration
. Lawsuits against moving companies may include damages to property, breach of contract, tariff or regulatory violations, and hostage loads.
Mr. Garcia is admitted to practice before all state courts in California; and the United States District Court Northern District of California. He frequently represents motor carriers in administrative actions before the United States DOT FMCSA.
The information contained on this website is designed for informational purposes only. Nothing on this website is designed or intended to constitute legal advice. Federal, state, and local laws and regulations governing the moving industry change frequently and may be interpreted differently by different people. If you need specific legal advice you should consult Mr. Garcia directly or a representative from the US DOT.
Safety and Regulatory Compliance
Passenger Carrier Interstate Licensing
Passenger Carrier companies are required to obtain both USDOT registration and operating authority from the FMCSA before transporting passengers for compensation in interstate commerce.
Interstate commerce generally occurs when a passenger is transported across a State boundary. In order to obtain operating authority registration, a Passenger Carrier company must demonstrate that its operations meet FMCSA's safety fitness standard and that the company is willing and able to comply with all applicable statutes and regulations, including regulatory insurance requirements.
To obtain and retain operating authority registration, Passenger Carrier companies must maintain and file evidence of $5 million in insurance coverage. See 49 CFR § 387.33.
Exemptions: There are some statutory exemptions to the operating authority registration requirement. However, all interstate carriers are still subject to FMCSA's safety jurisdiction and the USDOT registration requirement, in most cases. Examples of operating authority registration exemptions include, but are not limited to:
o Commercial Zone: Carriers operating wholly within a commercial zone. See 49 CFR § 372 Subpart B; See also 49 U.S.C. 13506(b).
o 25-mile Radius of an Airport: Carriers operating within a 25-mile radius of an airport may not be required to obtain operating authority registration. See 49 CFR § 372.117.