MAP-21 provisions incorporated into FMCSRs:
Surface transportation re authorization legislation of 21st century demanded from the FMCSA to follow certain regulations strictly as their final rule for getting further progress.
Most of the authorized changes were implemented properly on Oct 1, 2012 while the remaining on Oct 1, 2013. For insurance of the consistent regulation with the applicable statutes of FMCSA, confirmed changes were made. Following the Administrative Procedure Act (APA) and with a good purpose and easy availability to federal agencies, adoption of the rules is a nondiscriminatory authorized action that was bluntly implemented without issuing any formal rule making or any kind of public comment reception.
For being reconsidered, a petition must be received by the Agency, must not be later than Dec 2, 2013.
A wide range of subject area has been embedded in the FMCSRs by the changes made by this final rule. The changes are explained below.
Safety Fitness of New Operators:
A safety review within the 18 months of starting operations was necessary for the motor carriers. But later this time period was changed to 12 months for property carriers and for passenger carriers it became for 120 days.
Increased Penalties for Operating Without Registration:
A fine of $500 was set for the violation of the record keeping, Agency’s reporting and registration requirements. But the fine for violating the registration requirements of passenger carrier was about $2000. The fine was increased from $500 to $1000 for violation of the record keeping and reporting requirements, for violating non-passenger carrier registration requirements the fine was $10,000 and for violation of the passenger carrier registration it was set to $25000. Without proper registration for transportation of hazardous wastes, a penalty was set to maximum of $ 20,000 to minimum range of $ 20,000 and maximum up to $ 40,000.
Revocation of Registration and Other Penalties for Failure to Respond to Subpoena:
Those motor carriers who fail to obey the order of an agency for properly testifying and appearing, were set with a penalty of $100 to $ 5000 which was later changed to $1000 to $ 10,000.
Fleet wide Out of Service Order for Operating without Required Registration:
Initially it was mentioned that if transportation is provided by motor vehicles that is beyond the true goal of registration requirements, will be at a chance of being put out of service. But later full fledged authority was given to FMCSA to place the vehicles as out of service which are seen operating beyond the goal of registration. So finally the rule was changed to more authorized and strict pattern.
State Reporting of Foreign Commercial Driver Convictions:
Another aspect of “foreign commercial driver” was introduced in the sections of road safety. Another requirement was also added about report submission to the FMCSA’s Federal Convictions about the firm believe of the foreign commercial drivers related to the operational status of the commercial and non-commercial motor vehicles. Another requirement was also imposed that was the submission of a report by the state about operation of the commercial motor vehicles according to the final judgment of the foreign drivers which are unlicensed or non-CDL.
Authority to Disqualify Foreign Commercial Drivers:
Previously a criterion was set just to disqualify the commercial motor vehicle operators. But latterly this criterion was set for foreign commercial drivers as well.
Revocation of Foreign Motor Carrier Operating Authority for Failure to Pay Civil Penalties:
Suspension, amendment and revoking authority of the Agency for motor carrier operating authority registration applies to foreign motor carriers as well.
A prohibition was applied to employers for permitting their employees who were disqualified for operations or who has lost the authority for operating a commercial motor vehicle or those whose driving license was suspended or cancelled. So employer should be careful before allowing such kind of drivers to operate when he actually knows all the circumstances and then there consequences.
Inspection Demand and Display of Credentials:
A sort of authority was allocated to those employees of the state that receive grants from the Motor Carrier Safety Assistance Program, to inspect certain equipment and check out the records only in the case if their credentials are displayed in proper way. A person or writing may be used to specify the credentials of the authorized individual.
Penalties for Violation of Operation Out of Service Orders:
Declaration should be made mentioning the carrier as unfit or as up to dangerous level for motor carriers that are operating commercial motor vehicles and violating the out of service orders and a penalty of $25,000 was set for them.
Increased Penalties for Evasion of Regulations:
Different kind of charges are set for violations for willful kind of. $200-$500 was set for violation for first time and $250-$2000 was set for repeated violations. But later on this amount got increased from $2000-$5000 for first time violation and $2500-$7000 for subsequent.
Violations Relating to CMV Safety Regulation and Operators:
Agency must keep some of the very important points in mind while allocating someone with any sort of penalty. These are checking the nature of the crime, situation under which it occurred, magnitude of the violation with respect to violator, the degree of blame worthiness, the history of the culprit, his ability to pay the charge, and other matters like aspect of the justice and safety of the public.
Emergency Disqualification for Imminent Hazard:
A person should be immediately disqualified for operating a commercial motor vehicle that is not suitable for the road safety.
Motor Carrier Safety Assistance Program:
Some of the agencies of the local government have been identified as the partners of the MCSAP for establishing a program that has four main goals. But later on some of the amendments were made about the participation of the state in MCSAP grant program.
Waivers, Exemptions and Pilot Programs:
The request of a person for getting a part from some of the requirements of the agency has been amended. But this kind of amendment can only be implemented after having permission from FMCSA and the licensing state of that person is also required who is being exempted from the requirements, so that roadside enforcement personnel must have information about this exemption.
The charge of about $250 and $50,000 was set for those violating the regulations that are related to the transference of dangerous and life taking materials. But the penalty of about $100,000 was set for those violations that lead to the deaths, severe injuries and illnesses of any person or any kind of serious damage to property. But later on these amounts of penalties were changed to $75,000 for violating the regulations that are related to transportation of hazardous materials and about $175,000 was set for those violations that led to death or any kind of such severity in health or property.