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177.804(a) - Citing of Catchall Violations

Entry DateAugust 16, 2021
Issue Number21-041-HAZ
NameRex
AgencyRailsback
Address312 Lawrence AveLawrence, KS, 66049United StatesMap It (opens in a new tab)
Phone9135683001
Email[email protected]
CommitteeHazardous Materials Committee
StatusClosed
Summary of Issue

enforcement citing "catchall" violations, when also citing for individual violations, e.g., citing 177.804(a), to an HM carrier, who also has a safety regulation violation.

Justification or Need

Due to the ever increasing, behind the scenes, punitive actions associated with roadside inspection violations, a policy and/or request to FMCSA, for any type of stacking or catchall violations, associated with another violation, on the same report, needs to be declared as stacking and/or the SMS point value placed at 0.

Request for Action

Put into policy a prohibition for stacking and submit letter to FMCSA to either remove catch all cites from the SMS list or assign a 0 point value for such cites.