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
Telephone: 1-877-299-0550
Fax: 1-877-845-6048
Copyright © 2011 Law Offices of Michael Garcia All Rights Reserved
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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.
Consumer representation: 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.
Passenger Carrier
Safety and Regulatory Compliance
Vehicle Maintenance Program - 49 CFR § 396.3(a)
Every motor carrier must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and equipment subject to its control.
Federal regulations require that all parts and accessories must be in safe and proper operating condition at all times. These include those specified in 49 CFR § 393 et al and any additional parts and accessories which may affect safety of operation, including but not limited to, frame and frame assemblies, suspension systems, axles and attaching parts, wheels and rims, and steering systems.
90 Day Inspection Report - 49 CFR § 396.3(a)(2)
As required by the FMCSA regulations every motor carrier must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control. Specifically, push-out windows, emergency doors, and emergency door marking lights in buses shall be inspected at least every 90 days. Failure to do so, is a violation of the FMCSA regulations subject to civil and potential criminal penalty.
Equipment Pre-inspection Report - 49 CFR § 396.11(a)
Under the governing federal regulations every motor carrier shall require its drivers to report in writing at the completion of each day's work on each vehicle operated. The report shall cover at least the following parts and accessories:
Service brakes including trailer brake connections;
Parking brake;
Steering mechanism;
Lighting devices and reflectors;
Tires;
Horn;
Windshield wipers;
Rear vision mirrors;
Coupling devices;
Wheels and rims;
Emergency equipment.
The report shall identify the vehicle and list any defect or deficiency discovered by or reported to the driver which would affect the safety of operation of the vehicle or result in its mechanical breakdown. If no defect or deficiency is discovered by or reported to the driver, the report shall so indicate. In all instances, the driver shall sign the report. On two-driver operations, only one driver needs to sign the driver vehicle inspection report, provided both drivers agree as to the defects or deficiencies identified. If a driver operates more than one vehicle during the day, a report shall be prepared for each vehicle operated.
Prior to requiring or permitting a driver to operate a vehicle, every motor carrier must repair any defect or deficiency listed on the driver vehicle inspection report which would be likely to affect the safety of operation of the vehicle.
