Sec. 31135. is amended—

290 words·~1 min read·/statute-compilations/comps-10008/sec-31135

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## SEC. 31135 is amended— ####

(1)by striking subsection

(b)and inserting the following: > > ### “(b) Noncompliance > > > #### “(1) Motor carriers > > Two or more motor carriers, employers, or persons shall not use common ownership, common management, common control, or common familial relationship to enable any or all such motor carriers, employers, or persons to avoid compliance, or mask or otherwise conceal non-compliance, or a history of non-compliance, with regulations prescribed under this subchapter or an order of the Secretary issued under this subchapter. > > > #### “(2) Pattern > > If the Secretary finds that a motor carrier, employer, or person engaged in a pattern or practice of avoiding compliance, or masking or otherwise concealing noncompliance, with regulations prescribed under this subchapter, the Secretary— > > > ##### “(A) > > may withhold, suspend, amend, or revoke any part of the motor carrier’s, employer’s, or person’s registration in accordance with section 13905 or 31134; and > > > ##### “(B) > > shall take into account such non-compliance for purposes of determining civil penalty amounts under section 521(b)(2)(D). > > > #### “(3) Officers > > If the Secretary finds, after notice and an opportunity for proceeding, that an officer of a motor carrier, employer, or owner or operator has engaged in a pattern or practice of, or assisted a motor carrier, employer, or owner or operator in avoiding compliance, or masking or otherwise concealing noncompliance, while serving as an officer or such motor carrier, employer, or owner or operator, the Secretary may suspend, amend, or revoke any part of a registration granted to the officer individually under section 13902 or 31134.” > . ## Subtitle B Commercial Motor Vehicle Safety