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| Publication Date: |
4/26/2012 |
| Effective Date: |
5/29/2012 |
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Action:Final rule.
Summary:
The 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.
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