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Elizabeth Lowrey's avatar

Rob, one question your Delilah series raises for me is whether FMCSA evaluated these cases for criminal referral—and if no referrals were made, why? FMCSA does not prosecute, but 49 U.S.C. § 521(b)(6)(A) already provides criminal penalties for knowing and willful violations of covered federal motor carrier safety requirements. For carriers and owners, death is not required.

Were referrals made and declined by DOJ, or did these cases never reach prosecutors? We need that distinction.

And in the push for Delilah’s Law, why wasn’t this existing criminal enforcement avenue strengthened as well—with clearer referral requirements, accountability for those decisions, and stronger penalties for knowing and willful violations? Keeping dangerous carriers off the road matters. So does holding the people who knowingly put them there accountable. A civil fine cannot remain an acceptable cost of doing business.

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