Agency to publish rule to strengthen ability to shut down carriers with ‘pattern’ of unsafety

| January 17, 2014

Mirror and trucks at inspection stationThe Federal Motor Carrier Safety Administration is set to publish a proposed rule in the Federal Register next week that will allow it to suspend or revoke the authority of motor carriers who have been found to have a pattern of “egregious disregard” for federal safety rules, rather than relying on results of compliance reviews alone. 

The agency said in an announcement today this will help “target high-risk carriers that endanger travelers by avoiding or covering up their negative history of safety compliance.” 

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The authority for the rule change was granted by both of the most recent highway reauthorization acts, including the MAP-21 law passed in July 2012. 

The Federal Register entry will be published next week, per the agency’s announcement. 

According to the entry, if FMCSA determines a carrier “engages or has engaged in a pattern or practice of avoiding regulatory compliance or masking noncompliance,” it would be able to shut the carrier down based on the agency’s determination, rather than solely on a carrier’s safety fitness rating. 

More details will be published next week when the rule is published in the Federal Register.

  • Drake M.

    Tyrannical government at its best. This sh!* is a never ending nightmare. Meanwhile 16 year olds are passing me in ton trucks while texting.

  • mousekiller

    So it seems the govt has found another way to invoke their own kind of justice…
    If that carrier did not contribute to obama’s reelection campaign or publicly doesn’t agree with him they can just come to your place of business and say your out of business. That is what iseems is the trend now.

  • Jeff See

    Wow. The idea of shutting down trucks that are run by companies with a RECORDED HISTORY of violating safety regs, is a BAD thing? I think a lot of you guys just get upset when a rule comes out, regardless of how much sense it makes.

  • Jeff See

    Your ‘thanks OBAMA’ crying made me laugh hard enough to get spittle on the screen. I hate the dude to, but blaming him for EVERY SINGLE THING that happens in gov. that you don’t like, is fn ridiculous.

  • Liberty Minded

    The article said shuting them dowm without relying on results of compliance reviews. ”
    “Jeff See” what do they pay you for spreading false PR?

  • guest

    There is an ad on Craigslist in San Diego(otay mesa) for Safety Personell…NO EXPERIENCE NECESSARY?? Must be Bi Lingual??? Perhaps a company like THIS needs investigated?? No EXPERIENCE Needed?? They obviously feel SAFETY is nothing but a JOKE. Craigslist..Transport Jobs..1-17-14

  • guest

    If we have to Follow the rules then EVERYBODY has to follow the Rules or be placed Out Of Service…..These COPS should be going after these illegal alien Truckers FIRST….eliminating about 1/2 of all trucks competing for freight……then WE would be happier to comply, obey, conform. As it stands we have TONS of Criminal aliens in trucking…POSING as Legit companies and drivers….THIS needs to STOP first….then start hassling AMERICANS??? Make sense??

  • Drawbar

    This is nothing more than big brother going to pick the winners and losers. Go thru a level 1 inspection and show a little attitude towards the diesel weasel, he will find a violation. It wouldn’t surprise me to learn that ALOT of motor carriers are making BIG $ on the side as safety advisers for the carriers that can afford to “pay” them.

  • Gary Owens

    Ex post facto

    Latin for “from a thing done afterward.” Ex post facto
    is most typically used to refer to a criminal law that applies
    retroactively, thereby criminalizing conduct that was legal when
    originally performed. Two clauses in the US Constitution prohibit ex post facto laws: Art 1, § 9 and Art. 1 § 10. see, e.g. Collins v. Youngblood, 497 US 37 (1990) and California Dep’t of Corrections v. Morales, 514 US 499 (1995).

    http://www.heritage.org/constitution/#!/articles/1/essays/63/ex-post-facto

  • cj

    Agreed! Everytime I see someone trying to place the blame on Obama for every single thing I just tell them I’m gonna blame him if I get a pimple on my ass. Afterall…everything wrong with the world is his fault right?

  • Jeff See

    Yes, my real name is actually a fake name, “Liberty Minded”, and I make gold nuggets to put in my pot at the end of the rainbow. Obama shits them out personally.

    You can’t even tell the difference between relying on statistical data from a history of found infractions, versus picking out a carrier and performing a review.

  • LeaveMeAlone

    here baby mouse go make some coin…If you have trucks that can operate in the eastern half of the U.S., send me your MC#. We have overbooked conditions with freight currently, and are offering a $.05/mile bonus plan thru June 2014 for Power Only Trucks.

    We currently are needing 100+ trucks to work with this freight demand and can start out of any location within the operating area (see map). RUN THE YELLOW MAKE SOME $$ GREEN! $$

    somehow I got on JB’s mailing list. And now truck driver yes you too can make a whopping 1.70 per mile dealing with I95

  • g

    These overzealous Cop Agencies are just as dangerous.
    Dec 10 2013 at the Northbound San Onofre scalehouse the Cops had traffic Backed Up into the Freeway as usual….a Ralphs Grocery truck was stopped dead in the Freeway slow lane..at the End of the lineup…….a Woman and her Child were Killed when they ran under the Trailer. Good Job cops!! Making the roads safer for everyone??

  • EASY454

    well than this means Swift, England, Prime, and every other big ass outfit that has to be self insured because nobody else will insure them because of all the lawsuitesagainst them will be going by the wayside . NOT

  • guest

    They continue to Flood our trucking labor market with illegal aliens…..from El Paso to Los Angeles we are seeing MOSTLY mexican truck drivers. Just like our Construction Trade..big MONEY brought in illegal aliens who NOW dominate that industry. These COPS will now RUSH into an AMERICAN MADE trucking company and try DESPERATELY to put US out of BUSINESS?? These NEW RULES only apply to AMERICANS with DOCUMENTATION presentable to COPS upon Demand..certificates for all occasions that MUST check out in the Cop Data Base…but all the while we see Growing numbers of questionable FOREIGN “truckers”…..with JOSE LOGISTICS on the side of his door???? This ENFORCEMENT CRUSADE is focused on AMERICANS..the CHEAP LABOR FOREIGNERS obviously are NOT receiving much SCRUTINY??? They laugh all the way to the BANK and refer to US as GRINGO CHUMPS who are being Sold Down The River by our Own Government.

  • trucktracy

    When they arbitrarily shut us down will they reimburse my plates or 2290 or ifta or hut kyu or new mex and UCR and etc that I am forgetting. This country is out there. We run around the world promoting democracy while we take all our freedoms and rights away here at home. Personally, I think if a truck comes through an inspection and has any violations, the driver should be Shot on the spot and a hit team should be sent to the owners house and eliminate all parties. What do we need courts for? the DOT FMCSA is lawmaker, enforcer, judge and jury. This way we ensure that those people that are not being S A F E are dealt with. After all , the safety of our people should be formost. As long as it doesn’t affect the primes, CR Englands, and Schneiders of the world. They kill people every quarter, yet they are the poster children of the fmcsa.

  • g

    So true…the mega fleets are Homicidal….they kill and injure unsuspecting motorists so Often. But they use PAYOLA and Lobbyists to continue….it is SICK what trucking has become.

  • Michael Ray Wasylenko

    No Experience necessary, because the rules aren’t THAT hard to follow and understand.
    Just about anyone can be taught and learn what the company needs. In some cases, they are better off with someone that has no previous experience so that the company can train them without having to “RETRAIN” them. Old school guys can be a bit stubborn, ( I have been driving for 40 years now)
    I’ve been running under my Authority for 9 years.

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