Q1. Investigation of Third Parties and Other Service Agents:  Does the FMCSA have authority to investigate consortium third party administrators (C/TPA’s) and other service agents?

A1. Yes. FMCSA has authority to investigate service agents’ compliance with Parts 40 and 382 as required by Part 40. [40.331]  Under the Moving Ahead for Progress in the 21st Century Act, P.L. 112-141 (MAP-21), Congress expanded FMCSA’s civil penalty enforcement authority to include service agent violations of alcohol and drug testing requirements under 49 CFR. [See(MAP-21, Sec. 3402, new 31306a(f)(2) & (k)(1)]