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
.**
Federal Relay Service for TTY 1-800-877-8339
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