Starting Sept. 27, vehicles caught providing interstate for-hire services without proper federal authority could be ordered off the road.
All carriers operating in interstate commerce are required to register with the Federal Motor Carrier Safety Administration, but interstate carriers that provide for-hire transportation must also obtain the proper operating authority. Once a key element of economic regulation, the process of granting authority now focuses on compliance with insurance and safety requirements.
Fearing what is says may be a loophole used to circumvent safety rules, FMCSA recently published an interim final rule that specifically prohibits a motor vehicle from providing interstate for-hire transportation without proper authority. If a vehicle is found to be operating without authority, or beyond the scope of authority granted, it will automatically be placed out-of-service and the carrier will be subject to additional penalties.
Enforcement will be done mainly through roadside inspections since, as FMCSA noted, it depends on the ability to catch violators “in the act.” The states will be required to enforce the registration requirements or risk loss of Motor Carrier Safety Assistance Program funds.
The interim final rule was published Aug. 28, with the Sept. 27 effective date because FMCSA said it needed to move quickly in light of heightened security requirements. But the agency will consider comments up to Oct. 28 or “shortly thereafter” and say it will make changes as necessary after that. Comments can be submitted and read on the internet at http://dms.dot.gov. Search for docket number FMCSA-2002-13015.
All carriers operating in interstate commerce are required to register with the Federal Motor Carrier Safety Administration, but interstate carriers that provide for-hire transportation must also obtain the proper operating authority. Once a key element of economic regulation, the process of granting authority now focuses on compliance with insurance and safety requirements.
Fearing what is says may be a loophole used to circumvent safety rules, FMCSA recently published an interim final rule that specifically prohibits a motor vehicle from providing interstate for-hire transportation without proper authority. If a vehicle is found to be operating without authority, or beyond the scope of authority granted, it will automatically be placed out-of-service and the carrier will be subject to additional penalties.
Enforcement will be done mainly through roadside inspections since, as FMCSA noted, it depends on the ability to catch violators “in the act.” The states will be required to enforce the registration requirements or risk loss of Motor Carrier Safety Assistance Program funds.
The interim final rule was published Aug. 28, with the Sept. 27 effective date because FMCSA said it needed to move quickly in light of heightened security requirements. But the agency will consider comments up to Oct. 28 or “shortly thereafter” and say it will make changes as necessary after that. Comments can be submitted and read on the internet at http://dms.dot.gov. Search for docket number FMCSA-2002-13015.
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