WASHINGTON — The Federal Motor Carrier Safety Association (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) have announced a number of changes to civil penalty amounts which are effective immediately in a post to the Federal Register.
“This rule implements the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA), Public Law 101–410, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), Public Law 114–74, 129 Stat. 599, codified at 28 U.S.C. 2461 note,” the rule said. “The FCPIAA and the 2015 Act require Federal agencies to adjust minimum and maximum civil penalty amounts to preserve their deterrent impact. The 2015 Act amended the formula and frequency of the adjustments. It required an initial catch-up adjustment in the form of an interim final rule, followed by annual adjustments of civil penalty amounts using a statutorily mandated formula. Section 4(b)(2) of the 2015 Act specifically directs that the annual adjustment be accomplished through final rule without notice and comment. This rule is effective immediately.”
The new fines for commercial trucking include:
- Out-of-service order (operation of commercial motor vehicle (CMV) by driver): $2,364
- Out-of-service order (requiring or permitting operation of CMV by driver): $23,647
- Out-of-service order (operation by driver of CMV or intermodal equipment that was placed out of service): $2,364
- Out-of-service order (requiring or permitting operation of CMV or intermodal equipment that was placed out of service): $23,647
- Out-of-service order (failure to return written certification of correction): $1,182
- Out-of-service order (failure to cease operations as ordered): $34,116
- Out-of-service order (operating in violation of order): $29,980
- Out-of-service order (conducting operations during suspension or revocation for failure to pay penalties): $19,246
- Conducting operations during suspension or revocation: $29,980
- Record keeping — maximum penalty per day: $1,584
- Record keeping — maximum total penalty: $15,846
- Knowing falsification of records: $15,846
- Non-record keeping violations: $19,246
- Non-record keeping violations by drivers: $4,812
- Commercial driver’s license (CDL) violations: $7,155
- Employer violations pertaining to knowingly allowing, authorizing employee violations of out-of-service order (minimum penalty): $7,155
- Employer violations pertaining to knowingly allowing, authorizing employee violations of out-of-service order (maximum penalty): $39,615
- Special penalties pertaining to railroad–highway grade crossing violations: $20,537
- Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (transportation or shipment of hazardous materials): $102,348
- Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (training) — minimum penalty: $617
- Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (packaging or container): $102,348
- Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (compliance with FMCSRs): $102,348
- Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (death, serious illness, severe injury to persons; destruction of property): $238,809
- Operating after being declared unfit by assignment of a final ‘‘unsatisfactory’’ safety rating (generally): $34,116
- Operating after being declared unfit by assignment of a final ‘‘unsatisfactory’’ safety rating (hazardous materials) — maximum penalty: $102,348
- 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: $238,809
- Violations of the commercial regulations (CRs) (property carriers): $13,676
- Violations of the CRs (brokers): $13,676
- Violations of the CRs (foreign motor carriers, foreign motor private carriers): $13,676
- Violations of the operating authority requirement (foreign motor carriers, foreign motor private carriers) — maximum penalty for intentional violation: $18,766
- Violations of the operating authority requirement (foreign motor carriers, foreign motor private carriers)—maximum penalty for a pattern of intentional violations: $46,918
- Violations of the CRs (motor carrier or broker for transportation of hazardous wastes) — minimum penalty: $27,293
- Violations of the CRs (motor carrier or broker for transportation of hazardous wastes) — maximum penalty: $54,585
- Violations of the CRs (household goods (HHG) carrier or freight forwarder, or their receiver or trustee): $2,052
- Violation of the CRs (weight of HHG shipment, charging for services) — minimum penalty for first violation: $4,109
- Violation of the CRs (weight of HHG shipment, charging for services) — minimum penalty for subsequent violation: $10,269
- Tariff violations: $205,375
- Additional tariff violations (rebates or concessions) — first violation: $410
- Additional tariff violations (rebates or concessions) — subsequent violations: $513
- Tariff violations (freight forwarders) — maximum penalty for first violation: $1,028
- Tariff violations (freight forwarders) — maximum penalty for subsequent violations: $4,109
- Service from freight forwarder at less than rate in effect — maximum penalty for first violations: $1,028
- Service from freight forwarder at less than rate in effect — maximum penalty for subsequent violations: $4,109
- Knowingly and willfully fails to deliver or unload HHG at destination: $20,537
- HHG broker estimate before entering into an agreement with a motor carrier: $15,846
- HHG transportation or broker services — registration requirement: $39,615
Dana Guthrie is an award-winning journalist who has been featured in multiple newspapers, books and magazines across the globe. She is currently based in the Atlanta, Georgia, area.
