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FOIA Records Guide

Motor Carrier Documents/Information Available WITHOUT a FOIA Request

1. Motor Carrier Safety Ratings - a specific designation of safety fitness assigned to each interstate motor carrier relative to the extent of compliance or non-compliance with motor carrier safety regulations, available by telephone request at (800) 832-5660. (Ratings can also be obtained for a specific motor carrier by written request to the Office of Data Analysis and Information Systems (MIA), Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590.)

2. Information Available through the Motor Carrier Management Information System (MCMIS) Data Dissemination Program:

  • Carrier File Extracts
  • Accident File Extracts
  • Carrier Safety Profiles
  • Personalized Carrier Reports
  • Personalized Accident Reports
  • Carrier Count Reports
  • Accident Count Reports

For more detailed descriptions and ordering information, link to http://www.fmcsa.dot.gov/factsfigs/dashome.htm and MCMIS Catalog

3. Carrier Snapshots - a concise electronic record of a carrier's identification, size, commodity information, safety record, including safety rating (if any), roadside out-of-service inspection and insurance information. This information may be obtained by accessing the Safety and Fitness Electronic Records System (SAFER) at http://www.safer.fmcsa.dot.gov .

4. Crash Profiles - Delivers statistics summarized on a state level containing Fatality Analysis Reporting System (FARS) data and crash data reported by the states. The statistics are represented in state profile summaries in the following focus areas: vehicle, driver, environment, crash, carrier, and location. State Profiles are provided for 1996, 1997 and 1998. The 1998, 1997, and 1996 National Crash Profile is also online. This information may be obtained by accessing http://www.safer.fmcsa.dot.gov

5. Performance Measures Online - Provides an overview of the Performance Measures Study that is being conducted to measure FMCSA's programs effectiveness on reducing crashes. This information may be obtained by accessing http://ai.fmcsa.dot.gov .

6. Current Analysis Results - Provides links to publications with FMCSA current analysis results. This module includes links to the FMCSA quarterly publication of MCSAFE, the recently published SafeStat Effectiveness Study, and New Entrant Study. This information may be obtained by accessing http://ai.fmcsa.dot.gov .

7. Motor Carrier Regulations, Interpretations, and Rules . The FMCSA has a Motor Carrier Regulatory Information System (MCREGIS). Here you will find the Federal Motor Carrier Safety Regulations, interpretations of the regulations, and helpful compliance guidance. This site may be accessed at: http://www.fmcsa.dot.gov/rulesregs/fmcsrhome.htm .

8. Licensing and Insurance - FMCSA provides authorized for-hire motor carrier, freight forwarder and property broker licensing and insurance data to the industry and public via telephone requests and paper reports. This new system makes it possible to offer this information electronically. All information displayed via a database query is public information which has long been available under FOIA. This site may be accessed at: http://li-public.fmcsa.dot.gov/ .

9. Anti-drug abuse regulatory information maintained by the Anti-drug Information Center (ADIC), which can be searched or downloaded by telephone (voice and FAX) at 1-800-225-3784 (24-hour access) or searched/downloaded by use of a modem at 1-800-225-3804 for the Department of Transportation's anti-drug programs. This includes the anti-drug regulations for the motor carrier industry, some of the most commonly asked questions regarding the regulations, and interpretation and elaborations of regulations.

Motor Carrier Documents Available through FOIA

1. Records on specific motor carriers or specific motor carrier files, which would include:

  • Enforcement Reports
  • Compliance Reviews
  • Roadside Driver/Vehicle Inspection Reports (MCS-63s)
  • State Accident Reports
  • General Correspondence
  • (Note: The requirement for the Motor Carrier Accident Report (MCS 50-T or 50-B) was eliminated effective March 3, 1993.)

2. Copies of final orders of the agency which may include: negotiated Settlement Agreements, Notices of Claim (to which a motor carrier has replied and/or failed to reply), and Out-of-Service Orders.

3. Final opinions (including concurring and dissenting opinions, if any) and orders made in the adjudication of cases and issued by the Federal Motor Carrier Safety Administration; Administrative Rulings adopted by the Federal Motor Carrier Administration, issued by an Administrative Law Judge in the adjudication of motor carrier enforcement cases, and decisions of the Chief Safety Officer.

Note: In accordance with the Agency's records management procedures, the motor carrier files are only required to be maintained for a period of six years.

Protected Information

The FOIA protects certain agency records from public disclosure, under nine exemptions contained in the FOIA statute. If an agency record is requested and it contains information that is protected from disclosure under one or more of the nine exemptions, the agency may withhold that record. If the agency determines, however, that the protected portions can be segregated from the unprotected portions of the record, the agency will make available to the requester a redacted version of the document.

FOIA Fees

The rules that govern FOIA fees charged for requests submitted to FMCSA are contained in 49 CFR Part 7. These rules establish standard fees for the cost to search for, review and duplicate records that are requested from FMCSA under FOIA. The fees can be reduced or waived for certain categories of requests and under certain circumstances. These rules describe these categories of requesters and the criteria for a fee reduction or waiver. Link to http://www.dot.gov/foia/foiafees.html .

When the agency estimates that the search, review and duplication charges will likely exceed $25, the requester will be notified of the estimated amount of the fees, unless the requester has indicated in advance a willingness to pay fees as high as those anticipated.

The agency may require advance payment if the fees for a request are likely to exceed $250 or if the requester has failed to pay within 30 days of the billing date fees charged for a previous request to any part of the Department of Transportation.

Reconsideration of Determinations Not To Disclose Records and To Deny Fee Waivers

Any person who has been notified that a record or part of a record that has been requested will not be disclosed, or could not be found, or that a request for a fee waiver or reduction will not be granted, may appeal, in writing, to the Associate Administrator of Administration, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC. 20590, for reconsideration of the determination. The appeals must be within 30 calendar days from the date of the initial denial letter and should state the reasons why the requested information should be released under the Act; and why the denial may be in error. FOIA requesters should attach copies of their original requests and response letters to all appeals, clearly mark the letters and the outside envelope -"FOIA Appeal." The decision of the Associate Administrator of Administration is administratively final.

**For more information concerning the Federal Motor Carrier Safety Administration and our programs, you may access the home page .**

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Federal Motor Carrier Safety Administration
1200 New Jersey Avenue SE, Washington, DC 20590 • 1-800-832-5660 • TTY: 1-800-877-8339 • Field Office Contacts