Attorney Leonard M. Singer,
Boston, MA (617) 737-7670 (www.LeonardMSinger.com)
49 U.S.C. § 13905. Effective periods of registration
(c) Suspension, Amendments, and Revocations.—
(1) In general.— On application of the registrant, the Secretary may amend or revoke a registration. On complaint or on the Secretary’s own initiative and after notice and an opportunity for a proceeding, the Secretary may
(A) suspend, amend, or revoke any part of the registration of a motor carrier, broker, or freight forwarder for willful failure to comply with this part, an applicable regulation or order of the Secretary or of the Board, or a condition of its registration; and
(B) suspend, amend, or revoke any part of the registration of a motor carrier, broker, or freight forwarder:
(i) for failure to pay a civil penalty imposed under chapter 5, 51, 149, or 311 of this title; or
(ii) for failure to arrange and abide by an acceptable payment plan for such civil penalty, within 90 days of the time specified by order of the Secretary for the payment of such penalty. Subparagraph (B) shall not apply to any person who is unable to pay a civil penalty because such person is a debtor in a case under chapter 11 of title 11, United States Code.
(2) Regulations.— Not later than 12 months after the date of the enactment of this paragraph, the Secretary, after notice and opportunity for public comment, shall issue regulations to provide for the suspension, amendment, or revocation of a registration under this part for failure to pay a civil penalty as provided in paragraph (1)(B).
(d) Procedure.— Except on application of the registrant, the Secretary may revoke a registration of a motor carrier, freight forwarder, or broker, only after—
(1) the Secretary has issued an order to the registrant under section 14701 requiring compliance with this part, a regulation of the Secretary, or a condition of the registration; and
(2) the registrant willfully does not comply with the order for a period of 30 days.
(e) Expedited Procedure.—
(1) Protection of safety.— Without regard to subchapter II of chapter 5 of title 5, the Secretary may suspend the registration of a motor carrier, a freight forwarder, or a broker for failure to comply with safety requirements of the Secretary or the safety fitness requirements pursuant to section 13904 (c), 13906, or 31144 of this title, or an order or regulation of the Secretary prescribed under those sections.
(2) Imminent hazard to public health.— Without regard to subchapter II of chapter 5 of title 5, the Secretary may suspend a registration of a motor carrier of passengers if the Secretary finds that such carrier has been conducting unsafe operations which are an imminent hazard to public health or property.
(3) Notice; period of suspension.— The Secretary may suspend under this subsection the registration only after giving notice of the suspension to the registrant. The suspension remains in effect until the registrant complies with those applicable sections or, in the case of a suspension under paragraph (2), until the Secretary revokes such suspension.
Do not act or rely upon this statute without ensuring that it
is up to date and without seeking professional legal advice.