FMCSA broadens ability to revoke authority from carriers who repeatedly violate safety regs

| January 22, 2014

Driver screening -- KY inspection station photoThe 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.”

Related

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

FMCSA is set to publish a proposed rule that will allow it to suspend or revoke the authority of motor carriers who have been found ...

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.

The rule should only affect a small amount of carriers each year, FMCSA says in the Federal Register entry.

A Notice of Proposed Rulemaking was originally published in November 2012, and the agency accepted public comment for 60 days.

Related

Be your own boss: 14 ‘do or die’ compliance duties

Failure to perform these 14 tasks will automatically fail you when the FMCSA comes calling for your New Entrant Safety Audit in the first 18 ...

Industry stakeholders such as the American Trucking Associations, FedEx (No. 2 in CCJ’s Top 250), Werner (No. 10 in CCJ’s Top 250), the Owner-Operator Independent Drivers Association, the Transportation Intermediaries Association, the Truck Safety Coalition (a group of fleets), the Teamsters and the North American Transportation Consultants submitted comments or questions about the rule. The Advocates for Highway and Auto Safety also submitted comment, among others.

ATA, OOIDA, NATC and FedEx commented seeking a definition of “pattern of noncompliance” from the agency, to which the agency said it will determine a pattern on a case-by-case basis and must have the “flexibility to tailor its enforcement actions” accordingly.

“The Agency believes enforcement is best served when there is room for discretion, explanation, and consideration of the unique circumstances of each individual and carrier,” it said in another comment from OOIDA, who was seeking a request for a “more exact formula” for how the agency would determine a pattern of noncompliance.

Related

Electronic log mandate rule expected this month, along with driver database rule

A proposed rule mandating the use of electronic logging devices is expected to be published by FMCSA Jan. 29. The rule implementing a drug and ...

In response to a comment from Werner Enterprises , the agency said the rule targets “only the worst actors” in the for-hire industry.

Werner had commented  that carriers who already have an “excellent record and culture of safety and compliance” might come under fire in the rule for hiring “an officer” who has a history of not complying with safety rules. Carriers could then be punished without actually having done anything unsafe or have a negative safety rating, Werner said.

The agency further responded that it finds it unlikely a carrier with a strong record of safety and compliance would place someone with a history of disregard for safety compliance in a position of control, but that if it does, there are safeguards in the rule, as the agency must give notice to a carrier that it could have its authority revoked, and the carrier could respond.

Click here to read the entire rule or to see more questions about the rule from industry stakeholders and the responses from FMCSA.

  • guest

    Like WERNER is saying…they regularly HIRE Crooks to work as “OFFICERS” in their company who may even be EX CONVICTS and they run a Crooked rip off company and Now the Government will be able to Prosecute them..and it is Not to their Liking??? Obviously Werner has alot to hide?? IsTHAT what they are openly stating??lol

  • guest

    In this PICTURE at the Top of this article this “GUARD” looks like he is at San Quentin and the Criminals coming into the weigh station are basically GUILTY till proven innocent?? Weigh Stations today are built to look like Nazi Germany. Cops have gone way to far for any NORMAL AMERICAN CITIZEN to want to be involved in this “industry”. Complete “dosiers” are being kept on each driver…”data bases” hold info on them as if they are Ex Convicts on Parole…..really a STUPID ration of CRAP today that no AMERICAN should stand for.

  • guest

    These COPS are completely out of control dominating American Citizens and threatening US. Even WERNER is saying the COPS are getting to be TOO MUCH!!! So if the BIG BOYS with all their MONEY are complaining….can you imagine how US little guys feel???? WE cant even afford legal representation against these HEAVY HANDED THUGS!!!!! COP INTRUSION has gone way too FAR!!!!

  • guest

    Just the Title of this article….FMCSA “BROADENS” their own AUTHORITY????? How crazy is THAT???? They simply VOTE to BROADEN their POLICE POWERS????? Im sure these cops will be coming to every home in AMERICA soon for an “INSPECTION”????? They are setting up ROADBLOCKS for car drivers today for “routine” inspections too!!!! OUT OF CONTROL is what they are Today…..trucking is not a JOB…it is a SENTENCE and we are Montitored by these GUARDS all day like this GOON inthe Picture….this is FAR Beyond any “Job” it is total Dominance by OUT OF CONTROL COP AGENTS.

  • MrPresidentCFO

    This is a sorry plug, but you can afford the legal help at http://www.MrPresidentCFO.com. We’re in the business of helping people in this situations.

  • dirty red

    LET’S STRIKE!! I’M ALL FOR IT!! my bills are paid and I don’t live above my means.
    100,000 truck shutdown for 2 weeks all at the SAME time will put a damper on the good old USA.
    Well,, 100,000 Reefers.. Let them get hungry and you’ll see a change.. think about it! “it takes a nation”

  • Bob bethel

    Good morning Guest,
    You are correct in saying they look like guard houses but please do not say they are like Nazi Germany, I have toured the prison camps that were under Hitler rule and these scale houses are be no means like the living hell the poor Jewish culture endured. What gets me is the fact of all these Ushipper whanta be’s .are making it more dangerous for the driving public,running illegal every day!

  • Bob bethel

    What we all need to do is when we see one of these ILLEGAL USHIPPERS rolling down the road in their dually pickup with no DOT# on the truck towing a 30’long , 12′ wide boat down the road with no oversize signs or permits, call the state police and let them know you were just passed by a illegal carrier,.I do it all the time!The sooner we get this kind of crap off the road the sooner we will be able to make a honest living.
    Be safe,Bob

  • Hellbent706

    “this will help “target high-risk carriers that endanger travelers by avoiding or covering up their negative history of safety compliance.” “… First of all, to cover up negative reviews is to is to delete everything because CSA is 99% based on negative reviews and we don’t have the access to the DOT main-frame to cover up a history of anything! All a company can do is lie about it or ignore it but we cant cover it up. The DOT already has the authority to shut down high-risk carriers either through inspection or intervention. If the carrier is already running while shut down, well, shutting him down again is not a solution. He need to be locked up. So, the real objective seem to be more authority for a more sinister reason. My question is why is FMCSA and the DOT always focusing on more and more revenue generating restrictions and penalties against the carrier and never any positive regulation for the carrier like make it illegal to solicit or even accept a load that pays less than $3 a mile? How about a rule to shut down brokers in violation of that rule? That would be more useful than this BS.

  • g

    They show this GOON cop in the picture alot..in other articles…he is really Scary…..as if he is in a Gun Tower and the chicken house is a Prison….gives me the CREEPS being involved in this industry anymore…….the Trucker is now a Prisoner…needs Monitored in everything he does….the Founding Fathers would NOTapprove……..this is OUT of CONTROL.

  • g

    Even Butt Kisser Werner says this is NO RIGHT…..they have been sucking government ass for a LOOOOONG time….now they have the NERVE to speak up against thar Gubment Daddies????? What a comedy this whole thing is……lol

  • g

    This Goon Cop in the picture really speaks volumes…and shows our Plight……..as if those Truckers rolling across are Convicted Murderers……he is keeping a watchful eye….looks like a TOTAL PSYCHO!!!!! Wack Job cops gone Berzerk!!! “Driver pull around back”!!!!! what a sick joke….lol

  • Michael

    It’s a shame how the trucking industry has become . 30 years driving and I have seen it all and I must say it’s disgusting.

OverdriveOnline.com strives to maintain an open forum for reader opinions. Click here to read our comment policy.