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Surface Transportation Board July 13 affirmed its earlier decision by ruling that Federal Motor Carrier Safety Administration (FMCSA) of U.S. Department of Transportation — and not the board — should determine whether a particular trucking company should be considered a household-goods carrier or "moving company."
STB officials hope the decision, and a recent FMCSA letter, help clarify each agency's role under the ICC Termination Act of 1995 (ICCTA), which abolished the Interstate Commerce Commission (ICC) and reassigned its responsibilities to STB and U.S. DOT.
Household Goods Carriers' Bureau Committee (HGCB) of American Moving and Storage Association previously filed requests for rulings with STB and FMCSA to determine whether certain trucking companies — those that transport household goods without packing or unpacking shipments, or loading and unloading vehicles — in fact are household-goods carriers operating without proper authority.
Under ICCTA, STB to a degree is responsible for household-goods carriers' rate reasonableness, tariff requirements and liability limitations.
But in a March decision, STB declined to institute a board proceeding per HGCB's request, instead ruling that a household-goods carrier determination fundamentally is a licensing function, falling under the subject-matter jurisdiction of FMCSA.
HGCB then filed a petition asking STB to reconsider its decision. In its recent ruling, STB noted that FMCSA already ruled on the matter before both agencies in a June letter, stating that, per ICC precedent, household-goods carrier licenses aren't required for the operations HGCB presented in its STB and FMCSA filings.