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| Re: FMCSA *really* shuts down Double Happiness Travel (254870) | |||
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Re: FMCSA *really* shuts down Double Happiness Travel |
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Posted by BusMgr on Fri Jan 27 11:36:27 2012, in response to FMCSA *really* shuts down Double Happiness Travel, posted by Gold_12TH on Thu Jan 26 21:32:32 2012. Actually, the temporary restraining order does not prohibit "any" operations.The January 4, 2012 Cease and Desist Order states, in relevant part, "In order to compel compliance with 49 U.S.C. § 13901, FMCSA is ordering DOUBLE HAPPYNESS to cease and desist from providing tickets for sale of its transportation service under its name and/or the names of other motor carriers or through other motor carrier operations. Any such sales would result in a violation of 49 U.S.C. § 13901, and hence any such sales must cease immediately." But, the Court's Temporary Restraining Order states, in relevant part, "Defendants are enjoined from contracting or arranging with other motor carriers for transportation of passengers in andlor affecting interstate commerce unless the motor carrieres) possesses valid and active operating authority registration from FMCSA." Notice the difference. The FMCSA first said that Double Happyness cannot sell any tickets for any other carrier. But the court says that Double Happyness can sell tickets on other carriers provided that the other carriers are themselves licensed. Thus, the Court leaves open the possibility that Double Happyness will charter (or in the words of the court, contract and arrange) other companies to protect Double Happyness schedules and maintain market share during this controversy. Thus, Double Happyness can continue operations so long as it abides by the conditions imposed by the court. This seems to be a big step backwards for FMCSA, as they alleged that sales, by Double Happyness, of tickets on other carriers would violate federal law (49 U.S.C. § 13901), but in fact the court did not see it that way. |
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