The Delgado Law Offices represent individuals and corporate clients who are involved in transporting passengers or goods or whose business operations fall within the jurisdiction of the U.S. Department of Transportation, Federal Motor Carrier Safety Administration or the Pipeline and Hazardous Materials Safety Administration (formerly the Research and Special Programs Administration).   

My areas of practice include:

ARBITRATION – The Federal Motor Carrier Safety Administration has a process called “binding arbitration” which it uses as an alternative method of resolving disputes.  But not every case is eligible for arbitration.  I can help you decide which technique for resolving your case is best for your particular situation.

CIVIL FORFEITURE PROCEEDINGS – When you are charged with violations the Federal Motor Carrier Safety Administration discovers during a compliance review, the process to collect the penalty is called a civil forfeiture proceeding.  I can help you through this complicated process.

CIVIL PENALTY HEARINGS – If settlement negotiations break down or you would rather have a hearing, I can help you through the entire hearing process.

DRIVER QUALIFICATION PROCEEDINGS – If a driver is not qualified to operate a commercial motor vehicle, the Federal Motor Carrier Safety Administration can begin Driver Qualification Proceedings to disqualify the driver from operating a commercial motor vehicle.  You do not want to miss the deadlines for participating in this type of proceeding.

DRUG & ALCOHOL ISSUES – Some of the most often-charged violations involve the Controlled Substance and Alcohol Use and Testing regulations but the drug and alcohol testing regulations do not apply to all companies.

HAZARDOUS MATERIALS – If you offer or transport hazardous materials in interstate or intrastate commerce, your operations may fall under the jurisdiction of the Federal Motor Carrier Safety Administration and/or the Research and Special Programs Administration.  You could be liable for thousands of dollars in penalties for violations the agency discovers.

HOURS OF SERVICE – Over-hours violations and false log violations are some of the most often charged violations and the hours of service regulations have undergone changes and legal challenges recently.  Let me help you cut through the confusion.

MAXIMUM PENALTY (“THREE-STRIKES”) CASES – A Federal law provides that you could be charged the maximum penalty for each violation of a motor carrier safety or commercial driver’s license law if there is a pattern of violations of critical or acute regulations or a previous history of violation of related regulations.  Maximum penalties could reach into the tens of thousands of dollars depending on the type of violation.

NOTICES OF CLAIM – The Federal Motor Carrier Safety Administration will charge you with regulatory violations by sending you a document called a Notice of Claim.  It is required to have specific information in it and you are also required to reply to it in a specific manner and time frame.  You only have 15 days to respond and I can meet your deadline or file for an appropriate extension.

OUT-OF-SERVICE ORDERS

FAILURE TO PAY – the government could shut down your interstate motor carrier operations if you are fined and fail to pay your fine within a certain period of time.

IMMINENT HAZARD – If your commercial motor vehicle operations or the condition of your vehicles or employees has substantially increased the likelihood of serious injury or death, your interstate operations could be shut down immediately.

UNSAT/UNFIT – Motor carriers who receive an “unsatisfactory” safety rating from the FMCSA can be prohibited from operating in interstate commerce under certain circumstances.  I can help you determine whether your company could be prohibited from operating under these circumstances.

PETITIONS FOR RECONSIDERATION – You can ask the agency to reconsider its final decision issued against you in an enforcement action.  You must ask for this within the right amount of time or your petition might not be considered.

SAFETY RATING APPEALS – If you are assigned a safety fitness rating you don’t believe adequately reflects your company’s true safety posture, there are two ways you can request that your rating be changed.  I know the process and I can help you through it.  

SETTLEMENT NEGOTIATIONS – If you want to try to settle your case rather than go to a hearing, I can discuss settlement options with you and the agency representatives who will be responsible for your case.  You don’t always have to accept the first offer the agency makes and you don’t always have to accept all the terms and conditions the agency proposes.

Delgado Law Offices

4700 Wexler Peak Way
Antioch, CA 94531
Phone: (925) 756-1645
Fax: (925) 778-8335
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