FMCSA Audit Support/Safety Rating Preservation Strategies

FMCSA Audit Support/Safety Rating Preservation Strategies

LaPorte CSA knows how valuable a “Satisfactory” safety rating is for motor carriers. When the FMCSA is at the motor carrier’s business to perform an audit, much is at stake and nothing can be left to chance. FMCSA audits need to be prepared for, managed, and challenged when the results are less than fair. LaPorte CSA and its affiliated law firm, LaPorte & Associates, P.C., is uniquely qualified to:

  • Prepare For The Audit
    • On short notice between the time the motor carrier is notified of the audit and the beginning of the audit, LaPorte & Associates, P.C. can come in, review the carrier’s current compliance status, and correct as many deficiencies as possible prior to the audit.
    • Develop an audit strategy.
  • Manage the Audit
    • Act as the motor carrier’s agent in all interactions with the FMCSA to ensure minimal disruption to the motor carrier’s operation and minimize interaction between FMCSA investigators and carrier personnel.
    • Monitor the FMCSA investigators to ensure they are performing the audit in accordance with the FMCSA’s Field Operations Training Manual, and ensure the investigators are engaging in proper sampling and techniques.
    • Document all audit activities so the audit can be challenged if need be.
  • Challenge the Audit Or Take Effective Corrective Action Prior to A Less Than Satisfactory Rating Being Published.
    • Preparation of Petition for Administrative Review of Proposed “Conditional” or “Unsatisfactory” Safety Ratings pursuant to 49 C.F.R. 385.15
    • Preparation of Petitions for Upgrade of Safety Rating Based Upon Corrective Action pursuant to 49 C.F.R. 385.17.
    • Preparation of Safety Management Plans
    • Seek Federal Court intervention when justified and necessary.