49 CFR § 385.909 - Pattern or practice.
The Agency Official may determine that a motor carrier or person acting on behalf of a motor carrier engages or has engaged in a pattern or practice of avoiding regulatory compliance, or masking or otherwise concealing regulatory noncompliance for purposes of this subpart, by considering, among other things, the following factors, which, in the case of persons acting on behalf of a motor carrier, may be related to conduct undertaken on behalf of any motor carrier:
(a) The frequency, remoteness in time, or continuing nature of the conduct;
(b) The extent to which the regulatory violations caused by the conduct create a risk to safety;
(c) The degree to which the conduct has affected the safety of operations, including taking into account any crashes, deaths, or injuries associated with the conduct;
(e) Safety performance history, including pending or closed enforcement actions, if any;
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