The Federal Motor Carrier Safety Administration has published a final rule expanding its ability to shut down motor carriers who display a pattern of “egregious disregard” for compliance with federal safety rules.
The rule, published in the Federal Register Jan. 22, gives the agency authority to suspend or revoke the operating authority of carriers who have a pattern of “egregious” noncompliance, per the rule, and also carriers who allow persons who have a history of “egregious” noncompliance “to exercise controlling influence over their operations.”
The rule also again strengthens the agency’s ability to target “chameleon” carriers or “reincarnated” carriers, defined in the rule as those who “operate multiple entities under common control to conceal” a lack of compliance with federal safety rules.
It will become effective Feb. 21.
The publication of the rule follows direction from Congress from both of the most recent highway funding authorization bills — SAFETEA-LU, passed in 2009, and the current MAP-21 law, passed in 2012.
Under the new rule, FMCSA will determine whether a carrier has failed to comply with safety regulations or has tried to conceal such noncompliance. It then — if a carrier “meets [the agency’s] initial threshold — it will further evaluate the carrier to see if it has made a pattern out of not complying with safety rules or is a reincarnated carrier.
If the agency finds a carrier does have a pattern or has attempted to conceal noncompliance, it can revoke or suspend the carrier’s authority.
