§386.1 — Scope of the rules in this part
(a) Except as provided in paragraph (c) of this section, the rules in this part govern proceedings before the Agency Decisionmaker under applicable provisions of the Federal Motor Carrier Safety Regulations (49 CFR parts 350-399), including the commercial regulations (49 CFR parts 360-379), and the Hazardous Materials Regulations (49 CFR parts 171-180). |
(b) The purpose of the proceedings is to enable the Agency Decisionmaker: (1) To determine whether a motor carrier, intermodal equipment provider (as defined in §390.5 of this chapter), property broker, freight forwarder, or its agents, employees, or any other person subject to the jurisdiction of FMCSA, has failed to comply with the provisions or requirements of applicable statutes and the corresponding regulations; and |
(2) To issue an appropriate order to compel compliance with the statute or regulation, assess a civil penalty, or both, if such violations are found. |
|
| (c) (1) The rules in §386.12(a) govern the filing of a complaint of a substantial violation and the handling of the complaint by the appropriate Division Administrator. |
(2) The rules in §386.12(b) govern the filing by a driver and the handling by the appropriate Division Administrator of a complaint of harassment in violation of §390.36 of this subchapter. |
(3) The rules in §386.12(c) govern the filing by a driver and the handling by the appropriate Division Administrator of a complaint of coercion in violation of §390.6 of this subchapter. |
|
[73 FR 76819, Dec. 17, 2008, as amended at 80 FR 74709, Nov. 30, 2015; 81 FR 78381, Dec. 16, 2015; 81 FR 68347, Oct. 4, 2016]
§386.1 — DOT Regulatory Guidance
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.