Motor Carrier Act

Endorsement(s) for Motor Carrier Policies of Insurance for Public Liability Under Sections 29 and 30 of the Motor Carrier Act of 1980 (Form MCS-90), issued by an insurer(s) ... 

Congress, in recognition of the dangers associated with heavy trucks traveling on public roads, enacted the Motor Carrier Act in 1935 to regulate motor carriers responsibility for safety on interstate highways. 

Hawkins Index-Digest-Analysis of Decisions Under Part II and Part TU of the Interstate Commerce Act, Hawkias Publishing Co., Washiagton, D.C. Loose-leaf service, 4 Vols. collecting and digesting decisions under the Interstate Commerce Act to motor carriers and freight forwarders. 

A BAT-qualified immediate supervisor may not act as the BAT when one of his/her employees is being tested, unless no other BAT or STT is available. However, for reasonable suspicion testing, Federal Motor Carrier Safety Administration (FMCSA) regulations do not allow a person who makes a reasonable suspicion determination to conduct the alcohol test. 

Motor Carrier of Passengers Surety Bond for Public Liability Under Section 18 of the Bus Regulatory Reform Act of 1982 (Form MCS-82B), issued by a surety. 

Preventable accident (on the part of a motor carrier — see 385.5) means an accident that (1) involved a commercial motor vehicle, and (2) could have been averted but for an act, or failure to act, by the motor carrier or the driver. 

The Act created the Bureau of Motor Carriers of the Interstate Commerce Commission to develop and enforce safety regulations for the motor carrier industry. 

The following tables of fines and penalties list the violations of the Federal Motor Carrier Safety Regulations (FMCSRs), which are revised periodically to reflect adjustments for inflation in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. The present flne and penalty amounts can be found in Appenix A and B to 386. 

Note that the above definition of preventable accident is focused on the actions of the driver. It is the commonly used definition in evaluating driver performance. A broader definition, wrhich can be used to evaluate the driver s and the motor carrier s actions, is given by the Federal Motor Carrier Safety Regulations as follows Preventable accident on the part of a motor carrier means an accident (1) that involved a commercial motor vehicle, and (2) that could have been averted but for an act, or failure to act, by the motor carrier, or the driver. 

When a motor carrier or driver feels a roadside inspection was not conducted in accordance with the Out-of-Service Criteria, or an officer acted inappropriately or misinterpreted the Out-of-Service Criteria during a roadside inspection, they can contact the Commercial Vehicle Safety Alliance (CVSA) to lodge a formal complaint. In addition, if a motor carrier feels the Out-of-Service Criteria — referenced by enforcement personnel during inspections — is incorrect, they may also contact CVSA and challenge the document. 

Failure to abate the cited violations could cause penalties to be increased in future enforcement actions. Under Section 222 of the Motor Carrier Safety Improvement Act of 1999, recurring violations of the same or related acute or critical regulations (violations of the same Part in Title 49 of the Code of Federal Regulations) that result in three or more enforcement actions within a six-year period will cause the maximum penalties allowed by law to be assessed for the third and subsequent enforcement actions. Any violations with a checkmark in the " 222 Applied" column in the penalty table below are subject to this "Section 222" provision and the maximum penalties have been assessed. See 49 USC ... 

Section 385.14 authorizes penalties as prescribed by the Motor Carrier Safety Improvement Act of 1999. This regulation prohibits motor carriers, brokers, and freight forwarders who do not pay civil penalties assessed by the FMCSA from operating in interstate commerce. 

Controlling Infiuence means having or exercising authority, whether by act or omission, to direct some or all of a motor carrier s operational policy and/or safety management controls. 

A motor carrier or person acting on behalf of a motor carrier avoids regulatory compliance or masks or otherwise conceals regulatory noncompliance by, independently or on behalf of another motor carrier, failing to or concealing failure to ... 

---