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FMCSA Publishes Final Rule on "Reincarnated" Motor Carriers

04/30/2012

FMCSA published a final rule on reincarnated carriers and other enforcement matters.  This follows FMCSA’s NPRM to which IME submitted comments. 

FMCSA addressed IME’s concern that the factors listed to determine whether a carrier reincarnated itself to avoid penalties could be misunderstood.  FMCSA stated again that legitimate business reasons to reorganize a company would not be counted against a carrier and made minor changes in the rule to clarify that intent.

FMCSA dismissed IME’s concern that taking regulatory action on enforcement issues used in the highly flawed HMSP and other programs before fixing those flaws as being out-of-scope.  FMCSA reiterated its plan to address the HMSP, and IME’s petition, in a future rulemaking.