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6/19/2009 - Recent Client Problems with MCS-150 Filings This information previously appeared in Foley Services’ DOT Safety Regulation Update Fast-Fax Issue 591. Use coupon code FF25 before July 10 to save 25% the regular subscription rate of this valuable newsletter service. Or use coupon code NAT25 before July 31 to save 25% off the annual subscription rate of New American Trucker, our newest newsletter aimed directly at the motor carrier industry. We’ve recently helped a couple of clients struggling with issues related to their MCS-150s. Both situations were a reminder of how important it is for motor carriers to submit the required biennial (every two years) updates and to submit updated MCS-150s more frequently when information changes. Client with Expired MCS-150 A client contacted us for help with updating his already expired MCS-150. The request itself was not a problem as we frequently update MCS-150s and MCS-150Bs for our clients as part of our Comprehensive Operating Authority Compliance Service. The problem was in the timing. The client, who was not enrolled in our Comprehensive Operating Authority Compliance Service, first contacted us for help on June 6, 2009 — nearly a week after the updated form was due! Client with Revoked Operating Authority About a month ago, we received a call from an owner-operator who was facing a wide variety of business consequences because his authority to operate in interstate commerce had been revoked and he had been placed out of service. The reason? He had failed to update his MCS-150 when he moved. We were able to get his operating authority reinstated, but unfortunately he was hit with an $8,000 fine. Background on MCS Filing Requirements A September 2006 regulation change introduced significant consequences for motor carriers who fail to keep their MCS-150 information current. Pursuant to 49 CFR Part 392a, motor carriers will be placed out of service for operating a motor vehicle without the required operating authority or beyond the scope of the operating authority granted. In order to be operating within your proper operating authority, the information on the most current MCS form must match the type of business you actually operate and you must be current with your biennial re-filing requirements. The bottom line is if you fail to update your MCS info in a timely manner you face the very real possibility of a costly shutdown. Additionally, per 49 CFR Part 390.19(e), motor carriers who fail to file new and accurate MCS forms every two years may be fined up to $1,000 for each day a violation continues, up to $10,000. How will I Know It’s Time to Update My MCS-150? Good question. In the real world, it’s easy to miss deadlines — even for motor carriers with the best of intentions. Companies enrolled in Foley Services’ Comprehensive Operating Authority Compliance Service receive written and telephone reminders from us when they’re due to refile their MCS-150. Foley Services’ MCS update letter is sent 30 days before the filing deadline and is followed by continuous contact until you’ve met your requirement. Our Comprehensive Operating Authority Compliance Service also includes a semi-annual review of the motor carrier’s safety compliance data. It’s our experience that most motor carriers benefit from the constant MCS-150 reminders built into our Comprehensive Operating Authority Compliance Service. Without our prodding, far too many are filing late or are failing to file their biennial update altogether. Other MCS Update Requirements In addition to filing MCS updates every two years, motor carriers must file MCS forms for a variety of other reasons, including:
If you need assistance, call Foley Services at 1-800-253-5506, ext. 708 as soon as you receive your reminder letter from FMCSA. This will give us plenty of time to prepare your MCS-150 form and send it to you for your signature and review. Getting us involved right away will also help ensure that the letter doesn’t get buried on your desk and that this important filing doesn’t slip through the cracks. If you are enrolled in Comprehensive Operating Authority Compliance Service we will prepare your MCS forms at no extra change. If not, we will charge you just $50 for a one-time filing that comes with a complimentary one-time Operating Authority Compliance Service report. Call If You Need Assistance For assistance with updating your MCS-150 information or for more information about our Comprehensive Operating Authority Compliance Service, please call a compliance specialist at 1-800-253-5506, ext. 708. |