FMCSA Issues Final Rule on Patterns of Safety Violations by Motor Carriers
On Wednesday, January 22nd, the Federal Motor Carrier Safety Administration (FMCSA) published a Final Rule in the Federal Register amending its regulations to enable the Agency to suspend or revoke the operating authority registration of certain for-hire motor carriers. Specifically, it targets those motor carriers that show egregious disregard for safety compliance, permit persons who have shown egregious disregard for safety compliance to exercise controlling influence over their operations, or operate multiple entities under common control to conceal noncompliance with safety regulations.
These amendments implement Section 4113 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU), as amended by section 32112 of the Moving Ahead for Progress in the 21st Century Act (MAP–21), and are designed to enhance the safety of commercial motor vehicle (CMV) operations on our nation’s highways.
Congress directed the Agency to implement this rule because it recognized the danger that carriers seeking to evade compliance with FMCSA’s regulation pose to the motoring public. The rule establishes a two-part framework under which the Agency first determines whether a motor carrier has failed to comply with FMCSA’s safety regulations, or has attempted to conceal such noncompliance. If a motor carrier meets this initial threshold, the Agency then evaluates the motor carrier’s conduct to determine whether the motor carrier has engaged in a pattern or practice of safety violations or is using other entities under common control to avoid compliance or mask the noncompliance.
The Final Rule takes effect on February 21, 2014.
To view the TIA submitted comments to the Notice of Proposed Rulemaking that help shaped this Final Rule, please visit the TIA Government Affairs website.
