FMCSA Pursues Unsafe Truckers, Bus Lines

OntarioVanMan

Retired Expediter
Owner/Operator
No more reincarnation carriers...

FMCSA Pursues Unsafe Truckers, Bus Lines | Journal of Commerce

William B. Cassidy | May 31, 2012 8:24PM GMT
The Journal of Commerce Online - News Story


Agency shuts down 26 bus operators, using new rule to target ‘reincarnated’ companies

In an unprecedented sweep, the Department of Transportation shut down 26 bus operators for numerous safety violations after a year-long federal investigation.

The motor coach crackdown, announced at a press conference Thursday, follows hard on the closure of several unsafe trucking companies by the FMCSA.

FMCSA Administrator Anne S. Ferro said the agency is stepping up efforts to pursue and shut down unsafe trucking companies as well as motor coach operators.

“We will use every little bit of our authority to get bad actors off the road,” Ferro said.

She said the FMCSA used a new final rule released April 26 that helps the agency target “reincarnated” companies to shut down a network of bus operators. The rule took effect May 29.

The New Rule..
Final Rule: Amendment to Agency Rules of Practice - Federal Motor Carrier Safety Administration

he Federal Motor Carrier Safety Administration (FMCSA) amends its Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials proceedings. The Agency clarifies that paying the full proposed civil penalty in an enforcement proceeding, either in response to a Notice of Claim (NOC) or later in the proceeding, does not allow respondents to unilaterally avoid an admission of liability for the violations charged. Additionally, the Agency establishes 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 will provide for an administrative review before the out-ofservice order takes effect. Finally, the Agency establishes a process for consolidating Agency records of reincarnated companies with their predecessor entities.
 

paullud

Veteran Expediter
“We will use every little bit of our authority to get bad actors off the road,” Ferro said.

The power trip is in full swing for her, notice there is no clear definition of the term "bad actors" that gets used.

She said the FMCSA used a new final rule released April 26 that helps the agency target “reincarnated” companies to shut down a network of bus operators. The rule took effect May 29.

It doesn't seem like you can make up a regulation then apply it to something that happened in the past. If they are currently doing something that could legitimately hurt someone then fine, go after them, but you can't create new rules to go after someone for something you allowed.

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paullud

Veteran Expediter
Yes you can... It's called closing a loophole...

In this case though they are applying the rule retroactively, if the carriers continue to run dangerously then they should go after them and stop them from starting a new company.

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paullud

Veteran Expediter
I'm not sure why they never thought of putting the rule in place before. The bottom feeder brokers have been screwing over shippers, carriers, and drivers for years. The renegade carriers have also been changing authorities for years and it was widely known. The easiest thing for the FMCSA to do for safety is to set standards for training but they have not done that yet either.

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