FMCSA: Cost of Fines Increasing

FMCSA: Cost of Fines Increasing

If you get a ticket, you might be shelling out more money.

Earlier this month, the FMCSA announced that adjustments have been made to civil penalty amounts.

Those who violate the FMCSRs and Hazardous Materials Regulations (HMRs), are going to be paying more.

“The FMCSA specifies inflation adjustments to civil penalty amounts assessed to those who violate the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs),” the FMCSA states.

The FMCSA cited inflation as the reasoning behind the increase. The last inflation adjustment was made in 2007.

In addition, the Moving Ahead for Progress in the 21st Century Act (MAP-21) mandated changes to some of the civil penalties.

The FMCSA states, “This final rule ensures that FMCSA’s civil penalties are consistent with the applicable statutes.”

The final rule was published on April 3 in the FMCSA’s Federal Register. The new penalty amounts are set to take effect 60 days from that date.

Take a look at the new rates:

*From: FMCSA

 Infraction Current RateNew Rate

 

 

 

 Out-of-service order (operation of CMV by driver.

$2,100

$3,100

Out-of-service order (requiring or permitting operation of CMV by driver.)

$16,000

$21,000

Out-of-service order (operation by driver of CMV or intermodal equipment that was placed out of service.)

$2,100

$3,100

Out-of-service order (requiring or permitting operation of CMV or intermodal equipment that was placed out of service.)

$16,000

$21,000

 Out-of-service order (failure to return written certification of correction.)

$750

$850

 Out-of-service order (failure to cease operations as ordered.)

$25,000

$25,000

Out-of-service order (operating in violation of order.)

$16,000

$16,000

 Out-of-service order (conducting operations during suspension or revocation for failure to pay penalties.)

$11,000

$16,000

Appendix A IV (j) (conducting operations during suspension or revocation.)

$11,000

$11,000

 (a)(1)* Recordkeeping– maximum penalty per day.

$1,000

$1,100

 (a)(1)*Recordkeeping– maximum total penalty.

$10,000

$11,000

 Knowing falsification of records.

$10,000

$11,000

(a)(3) Non-recordkeeping violations.

$11,000

$16,000

.

 (a)(4) Non-recordkeeping violations by drivers.

$2,750

$3,750

 (a)(5)* Violation of 49 CFR 392.5.

$3,750

$4,125

 (b) Commercial driver’s license (CDL) violations.

$3,750

$4,750

 (b)(1)*M : Special penalties pertaining to violation of out-of-service orders (first conviction).

$2,500

$2,750

Appendix B (b)(1)*M Special penalties pertaining to violation of out-of-service orders (second or subsequent conviction).

$5,000

$5,500

Appendix B (b)(2)M

Employer violations pertaining to knowingly allowing, authorizing employee violations of out-of-service order (minimum penalty).

$3,750

$4,750

Appendix B (b)(2)*M Employer violations pertaining to knowingly allowing, authorizing employee violations of out-of-service order (maximum penalty).

$25,000

$27,500

Appendix B (b)(3)M* Special penalties pertaining to railroad- highway grade crossing violations.

$10,000

$11,000

Appendix B (d) Financial responsibility violations.

$16,000

$21,000

Appendix B (e)(1) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (transportation or shipment of hazardous materials).

$75,000

$75,000

Appendix B (e)(2) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (training)–minimum penalty.

$450

$450

Appendix B (e)(2) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (training)–maximum penalty.

$75,000

$75,000

Appendix B (e)(3) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (packaging or container).

$75,000

$75,000

Appendix B (e)(4) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (compliance with FMCSRs)

$75,000

$75,000

Appendix B (e)(5) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (death, serious illness, severe injury to persons; destruction of property).

$175,000

$175,000

Appendix B (f)(1) Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (generally).

$25,000

$25,000

Appendix B (f)(2) Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (hazardous materials)–maximum penalty.

$75,000

$75,000

Appendix B (f)(2) Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (hazardous materials)–maximum penalty if death, serious illness, severe injury to persons; destruction of property

$175,000

$175,000

Appendix B (g)(1) M Violations of the commercial regulations (CR) (property carriers).

$10,000

$10,000

Appendix B (g)(2) Violations of the CRs (brokers).

$10,000

$10,000

Appendix B (g)(3) Violations of the CRs (passenger carriers).

$25,000

$25,000

Appendix B (g)(4) Violations of the CRs (foreign motor carriers, foreign motor private carriers).

$10,000

$10,000

Appendix B (g)(5) Violations of the CRs (foreign motor carriers, foreign motor private carriers before implementation of North American Free Trade Agreement land transportation provisions)–maximum penalty for intentional violation.

$11,000

$16,000

Appendix B (g)(5) Violations of the CRs (foreign motor carriers, foreign motor private carriers before implementation of North American Free Trade Agreement land transportation provisions)–maximum penalty for a pattern of intentional violations.

$32,500

$37,500

Appendix B (g)(6) Violations of the CRs (motor carrier or broker for transportation of hazardous wastes)– minimum penalty.

$20,000

$20,000

Appendix B (g)(6) Violations of the CRs (motor carrier or broker for transportation of hazardous wastes)– maximum penalty.

$40,000

$40,000

Appendix B (g)(7) Violations of the CRs (HHG carrier or freight forwarder, or their receiver or trustee).

$1,100

$1,100

Appendix B (g)(8) Violation of the CRs (weight of HHG shipment, charging for services)–minimum penalty for first violation.

$2,200

$3,200

Appendix B (g)(8) Violation of the CRs (weight of HHG shipment, charging for services)- subsequent violations.

$6,500

$7,500

Appendix B (g)(10) Tariff violations.

$120,000

$140,000

Appendix B (g)(11) Additional tariff violations (rebates or concessions)–first violation.

$220

$320

Appendix B (g)(11) Additional tariff violations (rebates or concessions)– subsequent violations.

$275

$375

Appendix B (g)(12) Tariff violations (freight forwarders)–maximum penalty for first violation.

$650

$750

Appendix B (g)(12) Tariff violations (freight forwarders)–maximum penalty for subsequent violations.

$2,200

$3,200

Appendix B (g)(13)

service from freight forwarder at less than rate in effect–maximum penalty for first violation.

$650

$750

Appendix B (g)(13)

service from freight forwarder at less than rate in effect–maximum penalty for subsequent violation(s).

$2,200

$3,200

Appendix B (g)(14) Violations related to loading and unloading motor vehicles.

$11,000

$16,000

Appendix B (g)(16) Reporting and recordkeeping under 49 U.S.C. subtitle IV, part B (except 13901 and 13902(c)–minimum penalty.

$1,000

$1,000

Appendix B (g)(16) Reporting and recordkeeping under 49 U.S.C. subtitle IV, part B–maximum penalty.

$6,500

$7,500

Appendix B (g)(17) Unauthorized disclosure of information.

$2,200

$3,200

Appendix B (g)(18) Violation of 49 U.S.C. subtitle IV, part B, or condition of registration.

$650

$750

Appendix B (g)(21)(i)*M: Knowingly and willfully fails to deliver or unload HHG at destination.

$10,000

$11,000

Appendix B (g)(22)*

HHG broker estimate before entering into an agreement with a motor carrier.

$10,000

$10,900

Appendix B (g)(23)* HHG transportation or broker services– registration requirement.

$25,000

$27,250

Appendix B (h)* Copying of records and access to equipment, lands, and buildings– maximum penalty per day.

$1,000

$1,100

Appendix B (h)* Copying of records and access to equipment, lands, and buildings– maximum total penalty.

$10,000

$11,000

Appendix B (i)(1)M Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302-31304, 31305(b), 31310(g)(1)(A), 31502– minimum penalty for first violation.

$2,000

$2,000

Appendix B (i)(1)M Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302-31304, 31305(b), 31310(g)(1)(A), 31502– maximum penalty for first violation.

$5,000

$5,000

Appendix B (i)(1)M Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302-31304, 31305(b), 31310(g)(1)(A), 31502– minimum penalty for subsequent violation(s).

$2,500

$2,500

.

Appendix B (i)(1)M Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302-31304, 31305(b), 31310(g)(1)(A), 31502– maximum penalty for subsequent violation(s).

$7,500

$7,500

Appendix B (i)(2)M Evasion of regulations under 49 U.S.C. subtitle IV, part B–minimum penalty for first violation.

$2,000

$2,000

Appendix B (i)(2)M Evasion of regulations under 49 U.S.C. subtitle IV, part B–minimum penalty for subsequent violation(s).

$5,000

$5,000