Plan Would Amend FMCSR Penalty Provisions

The Federal Motor Carrier Safety Administration (FMCSA) has proposed to implement Section 206 of the Motor Carrier Safety Improvement Act of 1999 by amending penalty provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) rules of practice.

This action would prohibit a motor carrier that does not pay civil penalties assessed by the FMCSA, or that does not arrange and abide by its payment agreements, from operating in interstate commerce. Furthermore, registration of a broker, freight forwarder, or for-hire motor carrier that fails to pay a civil penalty would be suspended. The prohibition would begin the 91st day after the payment date specified in the final agency order, or the 91st day after the due date of a missed payment arranged in a payment plan.

Motor carriers that continue to operate would be subject to additional penalties, including revocation of their registrations. However, prohibition would not apply to anyone unable to pay a civil penalty because the person is a debtor in a case under Chapter 11 of the Bankruptcy Code.

Comments were to have been received by Oct 19, 2000.

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