FMCSA Proposal Targets Rogue Trucking Companies with a Pattern of Non-Compliance
The Federal Motor Carrier Safety Administration (FMCSA), which is responsible for federal regulation of the trucking industry, is preparing to enact regulations that will allow it to take more aggressive measures against rogue trucking companies.
The proposed regulation would empower the FMCSA to revoke the registration of commercial carriers that repeatedly fail to comply with federal regulations. At Montlick and Associates, our Georgia trucking accident attorneys welcome this long-overdue proposal to protect the public from irresponsible trucking companies.
The objective of this proposal is to target trucking companies that disregard violation of safety regulations. Many habitual violators of safety rules simply shutdown a trucking company and start a new business to evade sanctions for past violations. When the trucking companies launch the new business entity, they continue to engage in illegal practices that pose a danger to other motorists on Georgia roadways. The FMCSA has circulated the proposed regulation for public comment which was due by January 14, 2013.
The proposed safety regulation would empower the federal agency to revoke the operating authority of motor carriers that fail to observe trucking laws or that engage in practices designed to disguise non-compliance. The new rule would authorize the FMCSA to shutdown these rogue trucking companies immediately and impose a fine of $11,000 per day.
The FMCSA rule would impose penalties and restrictions that go beyond the business entity to reach company officers who personally and knowingly violate trucking law, as well as those who authorize or ratify others in committing violations of trucking regulations. The agency would consider actual operational control when determining that someone is personally liable for penalties. The basis for imposing the new penalties would be a pattern of consistent and repeated failure to address safety issues or pay fines for prior safety violations.
The FMCSA would target businesses founded to avoid compliance with trucking safety regulations. When determining that a company has been founded to facilitate ongoing non-compliance with safety regulations, the agency will compare prior and new facilities, customers, equipment and insurance. Our experienced industry lawyers see this legislation as a measure that can prevent trucking accidents caused by the trucking companies with the worst safety records.
Commercial carriers and truck operators that fail to obey traffic safety laws and trucking regulations pose a significant risk of devastating injuries because of the enormous weight of these vehicles. Over 5,300 people die in trucking accidents each year which amounts to 13 percent of all traffic-related fatalities, despite the fact that heavy trucks only account for three percent of all registered motor vehicles.
Although this proposal aimed at re-invented trucking companies that habitually disregard safety regulations is a step in the right direction, large trucks will continue to cause a substantial number of injuries and fatalities due to their shear mass. If you or someone you love has been injured in a commercial truck accident, our Georgia tractor-trailer accident attorneys at Montlick and Associates are available to provide effective legal representation to clients throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.