What authority does FMCSA have to put an intermodal equipment provider (IEP) out of service?
The final rule (73 FR 76794) made 49 CFR part 386 applicable to intermodal equipment providers (IEPs) subject to inspection, repair, and maintenance requirements. FMCSA has the legal authority to place IEPs out-of-service if they tender intermodal equipment (IME) that poses an imminent hazard to safety. An “imminent hazard” involves a violation of certain laws and regulations involving a “vehicle, employee, or commercial motor vehicle operations which substantially increases the likelihood of serious injury or death if not discontinued immediately.”
Last Updated : April 7, 2014