The following factors may be considered in this determination:
1) whether the new or affiliated entity was created for purpose of evading statutory or regulatory requirements, an FMCSA order, enforcement action, or negative compliance history
2) the previous entity’s safety performance history, including safety violations and enforcement actions
3) consideration exchanged for assets purchased or transferred
4) dates of creation and dissolution or cessation of operations
5) commonality of ownership among the entities
6) commonality of officers and management personnel
7) identity of physical or mailing addresses, telephone, fax numbers, or email addresses
8) identity of motor vehicle equipment
9) continuity of liability insurance policies or commonality of coverage under such policies
10) commonality of drivers and other employees
11) continuation of carrier facilities and other physical assets
12) continuity or commonality of nature and scope of operations, including customers
13) advertising, corporate name, or other actions through which the company holds itself out to the public.
“Today’s action is another step toward raising the bar for commercial vehicle and roadway safety,” said FMCSA Administrator Anne S. Ferro. “It sends a strong and important message that companies that attempt to evade safety regulations by reincarnating will be found and removed from the road.”
All documents pertaining to the Royal Transport, Inc., and Nationwide, Inc., – Final Decision on Petition for Administrative Review of Operations Out-of-Service and Record Consolidation Order – can be viewed at:http://www.regulations.gov/#!documentDetail;D=FMCSA-2013-0079-0004.