The
Federal Motor Carrier Safety Administration (FMCSA) says if you pay the fine,
you’re admitting guilt.
Earlier
this month, the FMCSA amended its rules of practice regarding proceedings in
three ways. The first was clarifying that those who pay the full proposed civil
penalty in an enforcement proceeding – either in response to a Notice of Claim
(NOC) or later in the proceeding, is an admission of guilt. Previously, respondents have attempted to avoid
an admission of liability for the violations charged by entering a written
objection when paying the fine.
“Payment
waives respondent's opportunity to further contest the claim, and will result
in the Notice of Claim becoming the Final Agency Order,” according to the FMCSA
notice.
In
other actions, the FMCSA says it is going to better monitor companies that go
out of business and then pop up under a different name. The FMCSA said it proposes to establish
procedures for issuing out-of-service orders to motor carriers, intermodal
equipment providers, brokers and freight forwarders it determines are simply
“reincarnations of other entities with a history of failing to comply with
statutory or regulatory requirements.” Companies in this category would be
entitled to an administrative review before being shut down.
As
part of the second rule change, the agency also would consolidate the records
of reincarnated companies with their predecessor entities in its files and
archives.