H.R. 10123

STOP Improper Licensing Act

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Sec. 5. Definitions

In this Act:

(1) Substantial noncompliance. The term substantial noncompliance means a substantial violation of this Act.

(2) Substantial violation. The term substantial violation means a violation that merits action under this Act based on consideration of the following criteria by the Administrator:

(A) The number of restrictions or requirements violated.

(B) Whether the violation represents an instance of noncompliance with a substantive statutory or regulatory restriction or requirement, rather than an instance of noncompliance with a non-substantive technical or procedural requirement.

(C) The extent to which the violation is part of a pattern of noncompliance with Federal Motor Carrier Safety Administration requirements or restrictions.

(D) The extent to which the State failed to take action to cure the violation when it became aware of the violation.

(E) Whether the violation was knowing and willful.