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Fee Arbitration

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Call our office: 702-333-2430

Many moving companies make one grave mistake. They use an address copied off of the internet on their arbitration applications. For example if you used the address below without conferming order with our office.

You need to exercise caution when submitting an address to an arbitration program. Many carriers get their paperwork denied/revoked by using an incorrect address. This leads to the USDOT number itself getting revoked. That’s why you cannot risk using fraudulent application information. To protect you and your company, let’s discuss arbitration rules and fees. The following information will help you and your team stay in good standing with US law. Here are some key principles to keep in mind.

1200 New Jersey Ave SE, Washington, DC 20590


Address for moving authority

Fee Arbitration Principle #1: General Definitions of Fee Arbitration Proceeding Terms

Make sure that you and your team understand the following terms. These definitions will help you prepare for any arbitration proceedings involving fees.

-The client refers to an entity or person that does the following actions. Consults/secures/retains legal services from an attorney. Or, the client could only seek advice from the attorney. 

-The term, Commission, refers to the Fee Arbitration Commission.

-What is a Decision? It’s when a fee arbitration panel makes an official determination. 


-The panel are the arbitrators that observe the fee dispute and announce a final decision.

-You know what a lawyer is. But when it comes to arbitration, the term, lawyer, can also refer to the lawyer's assignee.

-A party is a group composed of the following people. 1. The client. 2. The lawyer. 3. The lawyer’s assignee. 4. Any entity/third person who joins the client/lawyer during a proceeding.

-The petition refers to the written request for fee arbitration. That request must get approved by the Fee Arbitration Commission.

-What is a petitioner? A petitioner is the party that requests the fee arbitration.

-Respondents are the opposite of petitioners. They are the party in which the petitioner engages in an arbitration fee dispute against.

Fee Arbitration Principle #2: Establishment

When a resolution cannot take place, fee arbitration must. The purpose of establishing fee arbitration is to resolve disputes fast. That’s why the highest court of jurisdiction creates establishment. That establishment puts official rules in place. The court also establishes a program and certain procedures. The procedures apply toward all fees, costs, charges, and claims.

Fee Arbitration Principle #3: Mandatory Arbitration 

Lawyers are often mandated to get involved in the arbitration process. Client participation is often voluntary. But fee arbitration for lawyers is mandatory once the arbitration commences.

Fee Arbitration Principle #4: The Effect of Arbitration

Fee arbitration is often binding. But how do you know when it is? It’s simple. All parties have to make a written agreement that the arbitration is binding. Say that there's no written agreement that the arbitration is binding. This means that the decision often becomes binding in an automatic manner. There is one exception to this. It’s known as Rule 7B. This is when a party seeks a trial de novo within thirty days beyond a decision. That thirty day time-period can never get extended. Say that all parties have made a written binding agreement. They are then bound by the arbitration award. No party can withdraw from the agreement. The only exception is when all parties agree in writing for a withdrawal to happen. 

Fee Arbitration Principle #5: Jurisdiction

The notion of jurisdiction is simple when it comes to fee arbitration. It means that all lawyers must adhere to Rule 1A(4). This concludes that all lawyers are subject to the rules surrounding fee arbitration. 

Fee Arbitration Principle #6: Disputes That Are Not Subject for Arbitration 

 

Fee arbitration rules do not usually apply to the following scenarios:

-Disputes where a lawyer has gotten admitted to practice in a separate jurisdiction. 

-Disputes where a client wants affirmative relief related to damages against the attorney. The damages should get based on either professional misconduct or potential malpractice. 

-Disputes where entitlement to lawyer fees get decided by a court order, decision, or rule.

-Disputes involving a third person that takes care of paying the fees. Plus, the client does not take part requesting arbitration. 


-Disputes where arbitration requests get filed 4+ years beyond termination of lawyer-client relationships. Or, 4+ years after the billing gets received by a client. There is a small exception to this involving civil actions. Civil action involving a disputed total can't get barred by a statute of limitations.

Fee Arbitration Principle #7: The Notice of Right to Arbitration/Client Waivers

The lawyer should provide a written notice of his or her client’s right to arbitration. This needs to take place before or during the time of service of a civil action summons. The notice should get sent through certified mail with a requested return receipt. The Commission must approve the notice. The notice must contain a provision that advises the client. A client must know the consequences of failing to file the Petition for Fee Arbitration. That petition must get filed within thirty days of service. Otherwise, civil actions can get dismissed without proper written notices.

Say that the lawyer does a fee collection action through a court. The court can issue the order once the client provides notice to the court/lawyer. That order states that the Petition for Arbitration has gotten filed. And, that the filing went through the commission. That filing must take place within thirty days of service. 

Assume that the client has filed a Petition. The attorney should refrain from conducting non-judicial collection activities that involve the fees. The activities can also not involve the costs related to the arbitration dispute.

Say that not all parties have agreed in writing for arbitration to happen. This means that the client’s right to maintain arbitration or petition can get waived. This happens when one of the following two situations take place:


1. A client does not file the Petition for Arbitration within the mandated period of 30 days. 

2. The client conducts or maintains a civil action. Or, he or she files a pleading asking for judicial resolution of the fee dispute. Or, he or she wants affirmative relief against an attorney. That wanted relief is due to damages involving potential malpractice. 

The Fee Arbitration System

What does the Fee Arbitration System do? It gives clients and lawyers a mechanism to resolve fee disputes outside of court. Most fee arbitration processes are inexpensive, fast, and very private. All US courts should make sure that there is enough funding for the fee arbitration program to work. Keep in mind that there is a common alternative to fee arbitration. Mediation can take place to resolve many different forms of fee disputes.

The Client’s Role in the Fee Arbitration System

Clients should understand their rights within the Fee Arbitration System. Say a client thinks that he or she has gotten overcharged by an attorney. The client can get the attorney's fee reviewed without paying for formal litigation. Once a client makes a request for arbitration, the lawyer must take part. Decisions are only binding if there is a written agreement by both parties. Without it, all parties can conduct a trial de novo. The trial de novo has to happen within thirty days beyond an official decision. So, when does the decision become binding? When all parties choose not to conduct the trial de novo within thirty days. The lawyer regulatory system cannot regulate a consumer’s (client's) legal services. That’s why the arbitration program is optional for all clients. But all lawyers and clients can enter into contracts for binding arbitration at any time.

More About the Fee Arbitration Program

So, when do lawyers provide notices to clients in the Fee Arbitration Program? An attorney must notify availability of the program before/during a key event. That event is the service of a civil action summons. This is so fees can get recovered that relate to professional services. One again, the written notice has to go through certified mail. A return receipt should get requested. All clients should file their Petitions for Fee Arbitration within 30 days of the notice. Otherwise, the client waives his or her right to conduct a petition. The right to maintain the arbitration proceeding also gets waived. Sometimes, fee arbitration happens without a client filing a Petition for Fee Arbitration. But for this to take place, all parties must hold complete agreement with one another. 

Contact Us Today for Help With All Fee Arbitration Matters

Moving Authority's prepared to help you with all issues related to fee arbitration. Our mission is to do more than assist you and your team with cutting costs. It is also to help you prevent legal issues from taking place. But when they do, Moving Authority is on your side. We want to help you avoid as many fines and violations as we can. Feel free to give us a call or email with any questions related to arbitration. We know that all legal disputes can get resolved fast once you have the right information. And that information is one phone call away. Our team looks forward to helping you and your company thrive for years to come.

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RAMON L DOTCH

4 months ago

So basically, I can't list your address as the Arbitration Program on my MC/DOT application until I have paid you the fee, correct?

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Steve Patner

3 months, 1 week ago

That would be the correct statement Ramon.

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Kevin Wojahn

2 months, 1 week ago

Your application requires a DOT number. I cannot get a DOT number without your address.

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Josh Vacula

1 month, 2 weeks ago

Awesome!!

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In American English, the word "truck" has historically been preceded by a word describing the type of vehicle, such as a "tanker truck". In British English, preference would lie with "tanker" or "petrol tanker".

In the United States, the term 'full trailer' is used for a freight trailer supported by front and rear axles and pulled by a drawbar. This term is slightly different in Europe, where a full trailer is known as an A-frame drawbar trail. A full trailer is 96 or 102 in (2.4 or 2.6 m) wide and 35 or 40 ft (11 or 12 m) long.

The decade of the 70s saw the heyday of truck driving, and the dramatic rise in the popularity of "trucker culture". Truck drivers were romanticized as modern-day cowboys and outlaws (and this stereotype persists even today). This was due in part to their use of citizens' band (CB) radio to relay information to each other regarding the locations of police officers and transportation authorities. Plaid shirts, trucker hats, CB radios, and using CB slang were popular not just with drivers but among the general public.

In 1976, the number one hit on the Billboard chart was "Convoy," a novelty song by C.W. McCall about a convoy of truck drivers evading speed traps and toll booths across America. The song inspired the 1978 action film Convoy directed by Sam Peckinpah. After the film's release, thousands of independent truck drivers went on strike and participated in violent protests during the 1979 energy crisis (although similar strikes had occurred during the 1973 energy crisis).

The public idea of the trucking industry in the United States popular culture has gone through many transformations. However, images of the masculine side of trucking are a common theme throughout time. The 1940's first made truckers popular, with their songs and movies about truck drivers. Then in the 1950's they were depicted as heroes of the road, living a life of freedom on the open road. Trucking culture peaked in the 1970's as they were glorified as modern days cowboys, outlaws, and rebels. Since then the portrayal has come with a more negative connotation as we see in the 1990's. Unfortunately, the depiction of truck drivers went from such a positive depiction to that of troubled serial killers.

“The association of truckers with cowboys and related myths was perhaps most obvious during the urban-cowboy craze of the late 1970s, a period that saw middle-class urbanites wearing cowboy clothing and patronizing simulated cowboy nightclubs. During this time, at least four truck driver movies appeared, CB radio became popular, and truck drivers were prominently featured in all forms of popular media.” — Lawrence J. Ouellet

In the United States, the Commercial Motor Vehicle Safety Act of 1986 established minimum requirements that must be met when a state issues a commercial driver's license CDL. It specifies the following types of license: - Class A CDL drivers. Drive vehicles weighing 26,001 pounds or greater, or any combination of vehicles weighing 26,001 pounds or greater when towing a trailer weighing more than 10,000 pounds. Transports quantities of hazardous materials that require warning placards under Department of Public Safety regulations. - Class A Driver License permits. Is a step in preparation for Class A drivers to become a Commercial Driver. - Class B CDL driver. Class B is designed to transport 16 or more passengers (including driver) or more than 8 passengers (including the driver) for compensation. This includes, but is not limited to, tow trucks, tractor trailers, and buses.

The Federal Motor Carrier Safety Administration (FMCSA) is an agency within the United States Department of Transportation. The purpose of the FMCSA is to regulate safety within the trucking and moving industry in the United States. The FMCSA enforces safety precautions that reduce crashes, injuries, and fatalities involving large trucks and buses.

In 1938, the now-eliminated Interstate Commerce Commission (ICC) enforced the first Hours of Service (HOS) rules. Drivers became limited to 12 hours of work within a 15-hour period. At this time, work included loading, unloading, driving, handling freight, preparing reports, preparing vehicles for service, or performing any other duty in relation to the transportation of passengers or property.   The ICC intended for the 3-hour difference between 12 hours of work and 15 hours on-duty to be used for meals and rest breaks. This meant that the weekly max was limited to 60 hours over 7 days (non-daily drivers), or 70 hours over 8 days (daily drivers). With these rules in place, it allowed 12 hours of work within a 15-hour period, 9 hours of rest, with 3 hours for breaks within a 24-hour day.

The FMCSA is a well-known division of the United States Department of Transportation (USDOT). It is generally responsible for the enforcement of FMCSA regulations. The driver of a CMV must keep a record of working hours via a log book. This record must reflect the total number of hours spent driving and resting, as well as the time at which the change of duty status occurred. In place of a log book, a motor carrier may choose to keep track of their hours using an electronic on-board recorder (EOBR). This automatically records the amount of time spent driving the vehicle.

The term "lorry" has an ambiguous origin, but it is likely that its roots were in the rail transport industry. This is where the word is known to have been used in 1838 to refer to a type of truck (a freight car as in British usage) specifically a large flat wagon. It may derive from the verb lurry, which means to pull or tug, of uncertain origin. It's expanded meaning was much more exciting as "self-propelled vehicle for carrying goods", and has been in usage since 1911. Previously, unbeknownst to most, the word "lorry" was used for a fashion of big horse-drawn goods wagon.

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Business routes generally follow the original routing of the numbered route through a city or town. Beginning in the 1930s and lasting thru the 1970s was an era marking a peak in large-scale highway construction in the United States. U.S. Highways and Interstates were typically built in particular phases. Their first phase of development began with the numbered route carrying traffic through the center of a city or town. The second phase involved the construction of bypasses around the central business districts of the towns they began. As bypass construction continued, original parts of routes that had once passed straight thru a city would often become a "business route".

The 1980s were full of happening things, but in 1982 a Southern California truck driver gained short-lived fame. His name was Larry Walters, also known as "Lawn Chair Larry", for pulling a crazy stunt. He ascended to a height of 16,000 feet (4,900 m) by attaching helium balloons to a lawn chair, hence the name. Walters claims he only intended to remain floating near the ground and was shocked when his chair shot up at a rate of 1,000 feet (300 m) per minute. The inspiration for such a stunt Walters claims his poor eyesight for ruining his dreams to become an Air Force pilot.

The American Association of State Highway and Transportation Officials (AASHTO) conducted a series of tests. These tests were extensive field tests of roads and bridges to assess damages to the pavement. In particular they wanted to know how traffic contributes to the deterioration of pavement materials. These tests essentially led to the 1964 recommendation by AASHTO to Congress. The recommendation determined the gross weight limit for trucks to be determined by a bridge formula table. This includes table based on axle lengths, instead of a state upper limit. By the time 1970 came around, there were over 18 million truck on America's roads.

The American Moving & Storage Association (AMSA) is a non-profit trade association. AMSA represents members of the professional moving industry primarily based in the United States. The association consists of approximately 4,000 members. They consist of van lines, their agents, independent movers, forwarders, and industry suppliers. However, AMSA does not represent the self-storage industry.

Moving companies that operate within the borders of a particular state are usually regulated by the state DOT. Sometimes the public utility commission in that state will take care of it. This only applies to some of the U.S. states such as in California (California Public Utilities Commission) or Texas (Texas Department of Motor Vehicles. However, no matter what state you are in it is always best to make sure you are compliant with that state

Known as a truck in the U.S., Canada, Australia, New Zealand, Puerto Rico, it is essentially a motor vehicle designed to transport cargo. Otherwise known as a lorry in the United Kingdom, Ireland, South Africa, and Indian Subcontinent. Trucks vary not only in their types, but also in size, power, and configuration, the smallest being mechanically like an automobile. Commercial trucks may be very large and powerful, configured to mount specialized equipment. These are necessary in the case of fire trucks, concrete mixers, and suction excavators etc.