FMCSA proposes to target reincarnated carriers

| December 13, 2011

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.

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