MOTOR CARRIERS (SAFETY RATINGS) / Motor carrier in business of hauling hazardous materials sought judicial review of Federal Motor Carrier Safety Administration order to cease operations based on FMCSA giving it “unsatisfactory” safety rating – held: (1) Carrier did not contest violations on which FMCSA based its “unsatisfactory” safety rating; (2) FMCSA did not rely on violations carrier did contest in making “unsatisfactory” safety rating.

Petitioner motor carrier appealed FMCSA determination to a U.S. Court of Appeals for its review. A good tutorial in the court’s opinion of the Administrative Procedure and U.S. Constitution governing FMCSA safety ratings and motor carrier’s loss of FMCSA authorization to operate. Carrier represented by one of the premier law firms in motor carrier industry to make its case (Scopelitis et al).

Multistar Industries, Inc. v. U.S. Department of Transportation, 2013 WL 452874 (U.S. Court of Appeals for the 9th Circuit, February 7, 2013). Free copy available here.