Truck and Bus Companies Shut Down for Safety Violations Reopen Under Different Names
In the trucking and motor carrier industry, the term "reincarnation" refers to the act of a company who already possess a DOT number applying to the Federal Motor Carrier Safety Administration (FMCSA), a division of the Department of Transportation (DOT), for a new DOT number as if a brand new company. There are many reasons for a company to reincarnate, such as the death of one partner, a business moving to another state, or a divorce within the owning family. Some companies, however, use the process of reincarnation to avoid fines and penalties.
According to The Cutting Edge, many companies who have been "ordered out-of-business" use the process to avoid penalties by exploiting the ease of registration (simply filling out a form and paying a registration fee) and the difficulty in detecting companies engaging in this behavior.
FMCSA numbers reveal that between 2007 and May of 2010, 11 million roadside inspections took place and of those nearly 20 percent resulted in an out-of-service order for trucking and bus companies.
A Safety Issue
Skirting an out-of-service order creates a safety issue for all on the road. An out-of-service order is typically given during a roadside check when a truck is found to be violating safety rules and the trucking company has a history of safety violations. The issuance of an out-of-service order doesn't mean that the trucking company is put out of service, but is supposed to mean that the truck may be ordered off of the road until a fine is paid or until the safety violation is fixed. Due to space limitations at weigh stations and rest stops, many drivers given an out-of-service order are allowed to continue driving - a practice that is problematic for motorist safety.
Instead of correcting some of the more serious safety issues or addressing violations that often take a lot of effort to fix, some negligent truck companies simply apply for a new DOT number. When issued the new number, a company is able to continue operation without any attachment to past transgressions because the new number doesn't carry with it any indication of past safety violations. The new number essentially offers companies a clean slate.
Stopping Reincarnation
To combat the issue, the FMCSA is increasing the standards for new operators, requiring that companies adhere to safety standards and actually removing "high-risk operators" from the road, according to The Cutting Edge. The FMCSA is also comparing new applications for DOT numbers with companies with poor safety records; if reincarnation is found, the number is not issued.
If you have been involved in an accident with a truck, seek guidance from an experienced attorney.
