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  • § 386.1
    Scope of the rules in this part.
  • § 386.2
    Definitions.
  • § 386.3
    Separation of functions.
  • § 386.4
    Appearances and rights of parties.
  • § 386.5
    Form of filings and extensions of time.
  • § 386.6
    Service.
  • § 386.7
    Filing of documents.
  • § 386.8
    Computation of time.
  • § 386.11
    Commencement of proceedings.
  • § 386.12
    Complaint.
  • § 386.13
    Petitions to review and request for hearing: Driver qualification proceedings.
  • § 386.14
    Reply.
  • § 386.15
    [RESERVED]
  • § 386.16
    Action on replies to the Notice of Claim.
  • § 386.17
    Intervention.
  • § 386.18
    Payment of the claim.
  • § 386.22
    Settlement agreements and their contents.
  • § 386.31
    Official notice.
  • § 386.34
    Motions.
  • § 386.35
    Motions to dismiss and motions for a more definite statement.
  • § 386.36
    Motions for final agency order.
  • § 386.37
    Discovery.
  • § 386.38
    Scope of discovery.
  • § 386.39
    Protective orders.
  • § 386.40
    Supplementation of responses.
  • § 386.41
    Stipulations regarding discovery.
  • § 386.42
    Written interrogatories to parties.
  • § 386.43
    Production of documents and other evidence; entry upon land for inspection and other purposes; and physical and mental examination.
  • § 386.44
    Request for admissions.
  • § 386.45
    Motion to compel discovery.
  • § 386.46
    Depositions.
  • § 386.47
    Use of deposition at hearings.
  • § 386.48
    Medical records and physicians' reports.
  • § 386.49
    Form of written evidence.
  • § 386.51
    Amendment and withdrawal of pleadings.
  • § 386.52
    Appeals from interlocutory rulings.
  • § 386.53
    Subpoenas, witness fees.
  • § 386.54
    Administrative Law Judge.
  • § 386.55
    Prehearing conferences.
  • § 386.56
    Hearings.
  • § 386.57
    Proposed findings of fact, conclusions of law.
  • § 386.58
    Burden of proof.
  • § 386.61
    Decision.
  • § 386.62
    Review of administrative law judge's decision.
  • § 386.63
    Decision on review.
  • § 386.64
    Reconsideration.
  • § 386.65
    Failure to comply with final order.
  • § 386.66
    Motions for rehearing or for modification.
  • § 386.67
    Judicial review.
  • § 386.71
    Injunctions.
  • § 386.72
    Imminent hazard.
  • § 386.73
    Operations out of service and record consolidation proceedings (reincarnated carriers).
  • § 386.81
    General.
  • § 386.82
    Civil penalties for violations of notices and orders.
  • § 386.83
    Sanction for failure to pay civil penalties or abide by payment plan; operation in interstate commerce prohibited.
  • § 386.84
    Sanction for failure to pay civil penalties or abide by payment plan; suspension or revocation of registration.

Part 386
RULES OF PRACTICE FOR MOTOR CARRIER, INTERMODAL EQUIPMENT PROVIDER, BROKER, FREIGHT FORWARDER, AND HAZARDOUS MATERIALS PROCEEDINGS

Question 1: What is the authority of the RDMC to issue provisions as a part of the terms in a Notice of Abatement, Notice of Assessment, Compliance Order and Consent Order?

Guidance: The Motor Carrier Safety Act of 1984 (MCSA) of 1984 provided the authority to penalize violators of Notices and Orders issued by the Federal Highway Administration (FHWA). Regulations were issued under part 386 which specify these penalties. Notices to Abate and Notices of Assessment/Claim generally deal with specific regulatory requirements. Consent Orders and Compliance Orders often require remedial measures not specifically mentioned in the Federal Motor Carrier Safety Regulations (FMCSRs) since the motor carrier’s compliance record often indicates that additional measures are needed to improve safety and compliance with the regulations.

Disclaimer:

Although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. Regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office, or examined at many libraries.

The CFR may also be viewed online at http://ECFR.gpoaccess.gov.