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Managed by Paul J. Loftus, a partner at Dinsmore & Shohl LLP, Transportation Law Today provides professionals in the rail, transit, inland maritime, and trucking industries with current news and analysis of laws, rulings, and regulatory policies.



Thursday, November 17, 2011

MD Trucking Firm Ordered off Road - FMCSA to Reduce Fines for Small Businesses

We have a two Trucking industry items today.

First, the Federal Motor Carrier Safety Administration has ordered a Maryland-based carrier off the road for safety violations. According to the FMCSA press release, the imminent hazard out-of-service order followed an intensive review of the company's compliance with hours of service and safety regulations.

Next, the FMCSA has announced that trucking companies that are considered small businesses will face reduced fines for violations. According to the Agency's Notice, small businesses will generally face fines that are 20% lower than those imposed on larger entities for similar violations. The fine decision is based on the Agency's Uniform Fine Assessment algorithm, and the requirements of the Small Business Regulatory Enforcement Fairness Act (SBREFA). SBREFA generally requires agencies to provide for the reduction or waiver of civil penalties for violations of statutory or regulatory requirements by small businesses. A copy of the Agency's Notice is linked above.

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