FMCSA eliminates 10-day extension from 45-day review regulations

October 31, 2012

Washington – The Federal Motor Carrier Safety Administration issued a final rule (.pdf file) that eliminates 10-day extensions of the 45-day period after which certain commercial motor vehicle carriers must cease operation for being found unfit to operate safely.

The change is intended to encourage applicable truck carriers to submit corrective action evidence sooner so FMCSA investigators have sufficient time for review, the final rule states.

The Motor Carrier Safety Act of 1990 established that passenger and hazardous materials carriers who had committed safety violations may be required to shut down after 45 days unless they can demonstrate successful corrective actions were taken. A provision established in 1991 allowed carriers a 10-day extension if FMCSA was unable to make a determination by the end of the 45 days.

To improve chances of review within a 45-day period, carriers are encouraged to submit evidence of corrective action within 15 days of receiving a notice, FMCSA stated in the final rule. According to FMCSA’s Fit, Willing and Able policy (.pdf file), which went into effect Aug. 2, 2012, carriers may have operating authority reinstated if the evidence is found “acceptable” for addressing a safety violation.