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FMCSA Considers New Procedures for Barring “Reincarnated” Violators

By Missouri Truck Accidents Lawyer on January 30, 2012

The Federal Motor Carrier Safety Administration (FMCSA) is creating tougher procedures for preventing violators from “reincarnating” to erase their history of not complying with FMCSA safety regulations for commercial trucks and buses. According to the FMCSA, “reincarnation” is a common practice among small trucking companies. The cycle begins when a company receives one or more citations from FMCSA for failing to follow safety rules. The citation may be for a defective or poorly-maintained truck, for violating the Hours of Service (HOS) rules, or for another reason. Rather than fixing the problem, the company goes out of business – at least, on paper. The trucks and assets of the first business are transferred to a new company name, and the company starts over with no “official” violations on its record and no responsibility for fixing the old violations – even if they still endanger drivers or other motorists. Some companies “reincarnate” several ti [...]

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