Ask X3What does 49 CFR 385.1007 (Determination of violation) require?
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According to 49 CFR 385.1007, the Agency Official may issue an order to suspend or revoke a motor carrier's registration if it is determined that the carrier has reincarnated or affiliated to avoid regulatory compliance, or to mask/conceal regulatory noncompliance or a history of noncompliance.
Specifically, the regulation outlines the following:
* Reincarnation: Determined if there is substantial continuity between entities making one merely a continuation of the other.
* Affiliation: Determined if business operations share common ownership, management, control, or a familial relationship.
* Regulatory Noncompliance: Evaluated when an entity operates as a reincarnated or affiliated entity to avoid an FMCSA order, statutory or regulatory requirements, civil penalties, enforcement actions, or being linked to a negative compliance history.