Pt. 386, App. A
Appendix A to Part 386
—Penalty Schedule; Violations of Notices and Orders
I. Notice To Abate
Violation—Failure to cease violations of the regulations in the time prescribed in the notice. (The time within to comply with a notice to abate shall not begin to run with respect to contested violations, i.e.
, where there are material issues in dispute under § 386.14
, until such time as the violation has been established.)
Penalty reinstatement of any deferred assessment or payment of a penalty or portion thereof.
III. Final Order
Violation—Failure to comply with Final Agency Order.
Penalty—Automatic reinstatement of any penalty previously reduced or held in abeyance and restoration of the full amount assessed in the Notice of Claim less any payments previously made.
IV. Out-of-Service Order
a. Violation—Operation of a commercial vehicle by a driver during the period the driver was placed out of service.
Penalty—Up to $2,100 per violation.
(For purposes of this violation, the term ”driver“ means an operator of a commercial motor vehicle, including an independent contractor who, while in the course of operating a commercial motor vehicle, is employed or used by another person.)
b. Violation—Requiring or permitting a driver to operate a commercial vehicle during the period the driver was placed out of service.
Penalty—Up to $16,000 per violation.
(This violation applies to motor carriers, including an independent contractor who is not a “driver,” as defined under paragraph IVa above.)
c. Violation—Operation of a commercial motor vehicle or intermodal equipment by a driver after the vehicle or intermodal equipment was placed out-of-service and before the required repairs are made.
Penalty—$2,100 each time the vehicle or intermodal equipment is so operated.
(This violation applies to drivers as defined in IVa above.)
d. Violation—Requiring or permitting the operation of a commercial motor vehicle or intermodal equipment placed out-of-service before the required repairs are made.
Penalty—Up to $16,000 each time the vehicle or intermodal equipment is so operated after notice of the defect is received.
(This violation applies to intermodal equipment providers and motor carriers, including an independent owner-operator who is not a “driver,” as defined in IVa above.)
e. Violation—Failure to return written certification of correction as required by the out-of-service order.
Penalty—Up to $750 per violation.
f. Violation—Knowingly falsifies written certification of correction required by the out-of-service order.
Penalty—Considered the same as the violations described in paragraphs IVc and IVd above, and subject to the same penalties.
Falsification of certification may also result in criminal prosecution under 18 U.S.C. 1001
g. Violation—Operating in violation of an order issued under § 386.72(b)
to cease all or part of the employer's commercial motor vehicle operations or to cease all or part of an intermodal equipment provider's operations, i.e., failure to cease operations as ordered.
Penalty—Up to $16,000 per day the operation continues after the effective date and time of the order to cease.
h. Violation—Operating in violation of an order issued under § 386.73
. Penalty—Up to $16,000 per day the operation continues after the effective date and time of the out-of-service order.
i. Violation—Conducting operations during a period of suspension under § 386.83
or § 386.84
for failure to pay penalties.
Penalty—Up to $11,000 for each day that operations are conducted during the suspension period.
[56 FR 10184, Mar. 11, 1991, as amended at 63 FR 12414
, Mar. 13, 1998; 65 FR 78429
, Dec. 15, 2000; 68 FR 15383
, Mar. 31, 2003; 70 FR 28486
, May 18, 2005; 72 FR 55102
, Sept. 28, 2007; 73 FR 76820
, Dec. 17, 2008; 77 FR 24872
, Apr. 26, 2012]