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 Rate | New Rate | |||
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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 |