New DOT Rule Could Shut Down Unsafe Carriers

Starting Nov. 20, trucking operators deemed unsafe by the Federal Motor Carrier Safety Administration will have 60 days to get their act together or risk being shut down.

Working with new enforcement power, FMCSA will be able to target carriers with safety fitness ratings of “unsatisfactory” for closure. An unsatisfactory rating indicates that a carrier does not have adequate safety controls in place, the agency said.

The shut-down authority comes before revised procedures for determining safety ratings are in place, which has inspired complaints from some trucking interests. The final rule was published in the Aug. 22 Federal Register.

In the past, most freight haulers could be closed by federal authorities only if the op-eration posed an “imminent hazard,” defined as “any condition of vehicle, employee or carrier which increased the likelihood of serious injury or death if not discontinued im-mediately.”

With the new rule, FMCSA can put a carrier out of service 60 days after the agency’s safety auditors inform company officials that they will rate the carrier as unsatisfac-tory. Companies that make a reasonable effort to correct safety problems could get a 60-day extension before they are prevented from carrying freight in interstate commerce.

The rule also gives FMCSA power to shut down carriers of hazardous material and passenger bus lines within 45 days of receiving an unsatisfactory rating.

For the full story, see the Aug. 28 print edition of Transport Topics. Subscribe today.