The Federal Motor Carrier Safety Administration has proposed to amend its rules of practice for motor carrier, intermodal equipment provider, broker, freight forwarder and hazardous materials proceedings in three respects:
- FMCSA proposes to establish procedures for issuing out-of-service orders to motor carriers, intermodal equipment providers, brokers and freight forwarders it determines are reincarnations of other entities with a history of failing to comply with statutory or regulatory requirements. These procedures would provide for administrative review before the out-of-service order takes effect;
- The agency proposes to clarify that paying the full proposed civil penalty in an enforcement proceeding, either in response to a notice of claim or later in the proceeding, would not allow respondents to unilaterally avoid an admission of liability for the violations charged; and
- The agency proposes procedures for consolidating agency records of reincarnated companies with their predecessor entities.
To comment, go to www.regulations.gov; the docket number is FMCSA-2011-0259.