FMCSA to issue rule allowing it to ground carriers with pattern of violations

Under a final rule to be published next week, the Federal Motor Carrier Safety Administration will have additional authority to shut down a for-hire trucking company that has shown “egregious disregard” for federal safety regulations.

The rule allows FMCSA to suspend or revoke operating authority registration of carriers that (1) show egregious disregard for safety compliance; (2) permit persons who have shown egregious disregard for safety compliance to exercise controlling influence over their operations; or (3) operate multiple entities under common control to conceal noncompliance with safety regulations. The rule implements provisions of the 2005 and 2012 highway legislation.

In the agency’s Jan. 17 announcement, FMCSA said it intends to apply the rule in situations in which it finds that a motor carrier has committed a pattern of unsafe practices - even if that particular investigation alone does not result in a downgrade of the carrier’s safety fitness rating. In 2012, the agency adopted a rule applying out-of-service orders to “reincarnated” or “chameleon carriers” and consolidating their enforcement histories. The new rule goes one step further by authorizing a complete revocation of the motor carrier’s authority to operate.

The American Trucking Associations says it generally supports measures that allow FMCSA to suspend or revoke the operating authority of motor carriers who have shown egregious disregard for compliance and who present a clear danger to the motoring public. “However, the agency has given itself broad discretion in terms of defining the carriers and their officers who would be subject and considered culpable,” ATA said. “In comments on the proposed rule, ATA had urged FMCSA to carefully define who would be subject and under what circumstances, however the agency unfortunately chose grant itself considerable flexibility and discretion to enforce the rule.”