Sec. 5303. Revocation or suspension of registration

414 words·~2 min read·/bill/113/hr/4834/ih/section-5303

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 31134(c) is amended— by striking The Secretary and inserting

(1); In general.— The Secretary by redesignating paragraphs

(1)through

(4)as subparagraphs

(A)through (D), respectively; in subparagraph (1)(B) (as redesignated), by striking knowingly failed to comply with the requirements listed in subsection (b)(1) and inserting “willfully failed to comply with— this part; an applicable regulation or order of the Secretary; or a condition of the registration. ; in subparagraph (1)(C) (as redesignated) by striking has not disclosed and inserting “has— failed to disclose; or operated under a new identity or as an affiliate to avoid— an order of the Secretary; a statutory or regulatory requirement; a civil penalty imposed under chapter 5, 51, 149, or 311; an enforcement action initiated by the Secretary; a final, proposed or potential adverse safety fitness determination; or a negative compliance history; ; in subparagraph (1)(D) (as redesignated), by striking the period and inserting a semicolon; and by adding at the end the following: subject to paragraph

(3)of this subsection, the employer or person failed— to pay a civil penalty imposed under chapter 5, 51, 149, or 311 of this title; to arrange and abide by an acceptable payment plan for such civil penalty, not later than 90 days after the date specified by order of the Secretary for the payment of such penalty; or to obey a subpoena issued by the Secretary; or the employer or person failed to disclose, in its application for registration, a material fact relevant to its willingness and ability to comply with— this part; an applicable regulation or order of the Secretary; or a condition of its registration. Notwithstanding subchapter II of chapter 5 of title 5, and subject to section 31144(c) of this title, the Secretary shall revoke the registration of an employer or person if the employer or person— has been prohibited from operating a commercial motor vehicle in interstate commerce for failure to comply with the safety fitness requirements of section 31144 of this title; or is or was conducting unsafe operations that are or were an imminent hazard (as defined in section 521(b)(5)(B) of this title) to public health or property. The Secretary may revoke a registration under this paragraph only after giving notice of the revocation to the registrant. Paragraph (1)(E)

(i)and

(ii)shall not apply to a person who is unable to pay a civil penalty because the person is a debtor in a case under chapter 11 of title 11. .