FMCSA announces final registration enforcement rule

Aug. 29, 2002
The U.S. DOT's Federal Motor Carrier Safety Administration (FMCSA) today announced an interim final rule that will require states and state law enforcement personnel to place interstate motor carriers out of service and assess appropriate state penalties for not properly registering with FMCSA as a for-hire carrier of passengers or freight. "The registration enforcement rule provides our safety investigators
The U.S. DOT's Federal Motor Carrier Safety Administration (FMCSA) today announced an interim final rule that will require states and state law enforcement personnel to place interstate motor carriers out of service and assess appropriate state penalties for not properly registering with FMCSA as a for-hire carrier of passengers or freight.

"The registration enforcement rule provides our safety investigators and inspectors with a very powerful tool to take action against motor carriers who fail to obtain the required operating authority," FMCSA administrator Joseph M. Clapp said.

Motor carriers placed out of service under this rule may have a hearing within 10 days of the out-of-service order to contest the out-of-service charge.

The interim final rule requires all states, as a condition of receiving Motor Carrier Safety Assistance Program (MCSAP) funds, to place out of service any vehicles discovered operating without registration or proper operating authority. MCSAP funds provide states with money for roadside inspections and safety programs under federal grants.

Interstate carriers now submit a Form MCS-150, or a Motor Carrier Identification Report to the FMCSA. For-hire carriers must also apply for appropriate operating authority and file the required forms.

The interim final rule responds to requirements of the Motor Carrier Safety Improvement Act of 1999, which required FMCSA to enforce motor carrier registration requirements and assess penalties for noncompliance.

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Tim Parry

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