By Peter Buxbaum, AJOT Under a new policy, the Federal Motor Carrier Safety Administration (FMCSA) is claiming the authority to strictly evaluate commercial operators, including freight forwarders and brokers, that come under its jurisdiction and to shut down entities that it determines have failed to comply with rules and regulations. The move comes as the FMCSA is executing a strategic plan it released last year, in which it pledged to fill voids in the regulatory scheme governing the safety of United States roads as it pertains to the activities of commercial motor vehicles, such as trucks. And that means, according to the FMCSA, exerting its jurisdiction over brokers and freight forwarders as well as shippers and receivers. This may puzzle those who thought the FMCSA’s job was to regulate the activities of trucking companies and truck drivers. And, in fact, the policy was opposed by industry groups that believed the FMCSA should remain focused on transportation companies and their employees. “It is within the FMCSA’s authority to grant or revoke the operating registration of a motor carrier, broker, or freight forwarder,“said Doug Carter, an attorney in Kansas City, Mo. “According to a new FMCSA policy, commercial operators must demonstrate a willingness and ability to comply with any applicable laws or rules created or enforced by the FMCSA to gain or maintain registration. These include regulations relating to employer and employee duties, safety fitness rules, transportation accessibility requirements and certain minimum financial obligations.” To evaluate whether a commercial operator—including a freight forwarders or broker—is willing and able to comply with applicable rules and laws, the FMCSA reviews six criteria. Motor carriers will now have to meet these criteria to show they are willing to comply with appropriate statutory and regulatory requirements. That is the only way they will be able to maintain their operating licenses. The number of past violations will be investigated by the FMCSA, including how many resulted in crashes, injuries, or death. “Past operator violations and their impact on operating safely are two important criteria,” said Carter. Whether or not these violations were the result of a willful failure to comply with appropriate requirements will be taken into consideration. “The FMCSA looks for signs of willful breaches of its requirements and investigates any past or present enforcement actions,” said Carter. This includes determining whether a company under consideration is the reincarnation of another entity which has since closed down. “In addition, the FMCSA considers the existence of adequate safety measures to ensure compliance with rules and laws and examines past or present corrective actions against an operator,” said Carter. If commercial operators fail to meet the FMCSA’s six evaluation criteria, operators face amendment or revocation of their operating authority registration. “If a motor carrier, broker or freight forwarder has an existing operating registration, it can be suspended if they show any inability or unwillingness to comply with FMCSA regulations,” said Carter. “Applicants who intentionally provide misleading information or fail to disclose required information are showing an inability or unwillingness to comply.” The same is true of corrective action taken by companies in the face of violations. The FMCSA also claims the right to exercise its discretion over the weight given to past or current violations. In other words, if one violation is particularly significant, it may be enough to revoke registration. The new policy dates back to an FMCSA five year strategic plan released in 2011. One articulated goal of that plan was to “identify gaps in current legislative and regulatory authorities that prevent FMCSA from reaching certain elements of the CMV [commercial motor vehicle] transportation life-cycle (e.g., entities touching roadway movement of passengers and freight: shippers, receivers, brokers, freight forwarders