August 29, 2002

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) today announced an interim final rule that will require states and state law enforcement personnel to place interstate motor carriers out of service and assess appropriate state penalties for not properly registering with the FMCSA as a for-hire carrier of passengers or freight.

"The registration enforcement rule provides our safety investigators and inspectors with a very powerful tool to take action against motor carriers who fail to obtain the required operating authority," FMCSA Administrator Joseph M. Clapp said.

Motor carriers placed out of service under this rule may have a hearing within 10 days of the out-of-service order to contest the out-of-service charge.

The interim final rule requires all states, as a condition of receiving Motor Carrier Safety Assistance Program (MCSAP) funds, to place out of service any vehicles discovered operating without registration or proper operating authority. MCSAP funds provide states with money for roadside inspections and safety programs under federal grants.

Interstate carriers now submit a Form MCS-150, or a Motor Carrier Identification Report to the FMCSA. For-hire carriers must also apply for appropriate operating authority and file the required forms.

The interim final rule responds to requirements of the Motor Carrier Safety Improvement Act of 1999, which requires the FMCSA to enforce motor carrier registration requirements and assess penalties for noncompliance.

Written comments on this interim final rule should be sent by Oct. 28, 2002, to the USDOT Docket Facility, Attn: Docket No. FMCSA-2002-13015, Room PL-401, 400 Seventh Street, S.W., Washington, DC 20590-0001or faxed to (202) 493-2251. Comments may be submitted electronically at http://dms.dot.gov/submit/ . The interim final rule was in yesterday's Federal Register. It is also on the Internet and can be viewed after searching at http://dms.dot.gov/ .

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