Penalties for violating FMCSA rules are getting increased

Dec 02, 2018 in News, Regulations and road rules

The U.S. DOT announced Monday it has increased fines across the board for violations of federal trucking regulations.

As required by law, the Federal Motor Carrier Safety Administration adjusts fine amounts each year based on current inflation level.

After publishing the final rule on Tuesday, Nov. 27, the new fine amounts became effective immediately. The FMCSA are required by law to issue an initial “catch-up” adjustment, followed by annual adjustment for inflation.

Some of the new fine amounts are listed below:

Failure to respond to agency subpoena to appear and testify or produce records (minimum) - $1,066 (was $1,045)

Failure to respond to agency subpoena to appear and testify or produce records (maximum) - $10,063 (was $10,450)

Out-of-service order: Operation of CMV by driver - $1,848 (was 1,811)

Out-of-service order: Requiring or permitting operation of CMV by driver - $18,477 (was $18,107)

Out-of-service order: Operation by driver of CMV or intermodal equipment that was placed out-of-service – $1,848 (was $1,811)

Out-of-service order: Failure to return written certification of correction - $924 (was $906)

Out-of-service order: Failure to cease operations as ordered - $26,659 (was $26,126)

Out-of-service order: Operating in violation of order - $23,426 (was 22,957)

Out-of-service order: Conducting operations during suspension or revocation for failure to pay penalties - $15,040 (was $14,739)

Out-of-service order: Conducting operations during suspension or revocation - $23,426 (was $22,957)

Recordkeeping: Maximum penalty per day - $1,239 (was $1,214)

Recordkeeping: Maximum total penalty - $12,383 (was $12,135)

Evasion of motor carrier regulations (maximum for subsequent) - $7,997 (was $7,837)

Evasion of carrier or broker regulations (minimum for first violation) - $2,133 (was $2,090)

Evasion of carrier or broker regulations (minimum for subsequent) – #5,332 (was $5,225)

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) - $14,664 (was $14,371)

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) - $36,662 (was $35,929)

Violations of the CRs, motor carrier or broker for transportation of hazardous wastes (minimum) - $21,327 (was $20,900)

Violations of the CRs, motor carrier or broker for transportation of hazardous wastes (maximum) - $42,654 (was $41,801)

Violation of the CRs, household goods carrier or freight forwarder, or their receiver or trustee - $1,604 (was $1,572)

Violation of the CRs, weight of HHG shipment, charging for services (minimum for first violation) - $3,210 (was $3,146)

Violation of the CRs, weight of HHG shipment, charging for services (subsequent  violations) - $8,025 (was $7,864)

Tariff violations - $160,482 (was $157,272)

Additional tariff violations, rebates or concessions (first violation) - $320 (was $314)

Additional tariff violations, rebates or concessions (subsequent violations) - $401 (was $393)

Tariff violations, freight forwarders (max penalty for first violation) - $803 (was $787)

Tariff violations, freight forwarders (max penalty for subsequent violations) - $3,210 (was $3,146)

Service from freight forwarders at less than rate in effect (first violation) - $803 (was $787)

Service from freight forwarders at less than rate in effect (subsequent violations) - $3,210 (was $3,146)

Loading, unloading violations - $16,048 (was $15,727)

Reporting and recordkeeping – min penalty - $1,066 (was $1,045)

Reporting and recordkeeping – max penalty - $8,025 (was $7,864)

Unauthorized disclosure of information - $3,210 (was $3,146)

Violation of registration conditions - $803 (was $787)

Knowingly and willingly fails to deliver or unload HHG - $16,048 (was $15,727)

HHG broker estimate before entering into agreement with motor carrier - $12,383 (was $12,135)

HHG transportation or broker services – registration requirement - $30,956 (was $30,337)

Evasion of motor carrier regulations (minimum for first violation) - $2,133 (was $2,090)

Evasion of motor carrier regulations (maximum for first violation) - $5,332 (was $5,225)

Evasion of motor carrier regulations (minimum for subsequent violations) - $2,665 (was $2,612)

Violations of Hazardous Materials Regulations and Safety Permitting Regulations (packaging or container) - $79,976 (was $78,376)

Violations of Hazardous Materials Regulations and Safety Permitting Regulations (compliance with FMCSRs) - $79,976 (was $78,376)

Violations of Hazardous Materials Regulations and Safety Permitting Regulations (death, serious illness, severe injury to persons; destruction of property) - $186,610 ($182,877)

Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (generally) - $26,659 (was $26,126)

Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (hazmat maximum penalty) - $79,976 (was $78,376)

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) - $186,610 ($182,877)

Violations of the commercial regulations, property carriers - $10,663 (was $10,450)

Violations of the CRs, brokers - $10,663 (was $10,450)

Violations of the CRs, passenger carriers, foreign - $26,659 (was $26,126)

Violations of the CRs, foreign carriers, foreign motor private carriers - $10.663 ( was $10,450)