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Title 49 Part 385 → Subpart L → §385.1007

Title 49 → Subtitle B → Chapter III → Subchapter B → Part 385 → Subpart L → §385.1007

Electronic Code of Federal Regulations e-CFR

Title 49 Part 385 → Subpart L → §385.1007

e-CFR data is current as of October 10, 2019

Title 49Subtitle BChapter IIISubchapter BPart 385Subpart L → §385.1007


Title 49: Transportation
PART 385—SAFETY FITNESS PROCEDURES
Subpart L—Reincarnated Carriers


§385.1007   Determination of violation.

(a) General. The Agency Official may issue an order to suspend or revoke the registration of one or more motor carriers if he or she determines that the motor carrier or motor carriers have reincarnated or affiliated to avoid regulatory compliance or mask or otherwise conceal regulatory noncompliance, or a history of noncompliance.

(b) Reincarnation or affiliation. The Agency Official may determine that one or more motor carriers are reincarnated if there is substantial continuity between entities such that one is merely a continuation of the other. The Agency Official may determine that motor carriers are affiliates if business operations are under common ownership, common management, common control or common familial relationship. To make these determinations, the Agency Official may consider, among other things, the factors in 49 CFR 386.73(c) and examine, among other things, the records identified in 49 CFR 386.73(d).

(c) Regulatory noncompliance. The Agency Official may determine that a motor carrier or its officer, employee, agent, or authorized representative, avoids regulatory compliance or masks or otherwise conceals regulatory noncompliance, or a history of noncompliance by operating or attempting to operate a motor carrier as a reincarnated or affiliated entity to:

(1) Avoid complying with an FMCSA order;

(2) Avoid complying with a statutory or regulatory requirement;

(3) Avoid paying a civil penalty;

(4) Avoid responding to an enforcement action; or

(5) Avoid being linked with a negative compliance history.


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