September 22, 2009 – Safety violations, suspended licenses and possible drug use have forced hundreds of bus and tractor-trailer companies to be shut down. However, many of these companies have managed to resume business by reemerging under a different name, often evading fines and avoiding performing the necessary corrective actions.
Between 2007 and 2008, at least 20 of the roughly 220 commercial bus companies and over 1,000 commercial trucking firms that had been fined and ordered out of service by federal regulators reemerged under a new name, often using the same owner name, address, employees and contact numbers.
Unfortunately, it is difficult to track those carriers who have been previously cited for safety issues and ordered “out-of-service”. It is estimated that although the number of these reemerging carriers is small, they pose a significant safety threat to motorists across the country.
In an effort to stem this practice, the Federal Motor Carrier Safety Administration (“FMCSA”) has put in place new oversight measures. One measure includes a computer program, which can compare and match new applicants to poor-performing motor carriers dating back to 2003. However, this program cannot detect minor spelling changes or other deception efforts. Another measure is the requirement that all newly licensed carriers must undergo a safety audit within 18 months of approval.
Once FMCSA has determined the existence of a rogue and reemerged business, they must overcome many legal obstacles, such as proving corporate successorship, to force them out of service.
The Law Firm of Jason Crawford has represented accident victims and their families for more than 14 years. If you or your family needs to talk to an experienced accident lawyer, please call us today at (303) 741-0249.
For more information, please visit our website www.DenversAccidentLawyer.com.