The Federal Motor Carrier Safety Administration ("FMCSA") proposed a new rule that would make it tougher for sanctioned carriers to reincarnate themselves under a new identity.
In the recently released notice of proposed rulemaking, the FMCSA proposed changing its procedures in several areas affecting truck lines, intermodal equipment providers, brokers, freight forwards and hazmat proceedings. The proposed rule would clarify that paying the full civil penalty in an enforcement proceeding would not give the entity the ability to avoid admitting liability.
Additionally, the FMCSA proposes the ability to review out-of-service orders before they go into effect on reincarnated operations that have a history of rule violations, along with consolidating the records of reincarnated entities together with that of the predecessors'.
The notice was posted in the Federal Register on December 13th. Comments are due by Jan. 12, 2012.