49 CFR Appendix A to Part 386, Penalty Schedule: Violations of Notices and Orders

Appendix A to Part 386 - Penalty Schedule: Violations of Notices and Orders

The Civil Penalties Inflation Adjustment Act Improvements Act of 2015 [ Pub. L. 114-74, sec. 701, 129 Stat. 584, 599] amended the Federal Civil Penalties Inflation Adjustment Act of 1990 to require agencies to adjust civil penalties for inflation. Pursuant to that authority, the inflation adjusted civil penalties identified in this appendix supersede the corresponding civil penalty amounts identified in title 49, United States Code.

I. Notice to Abate

Violation - Failure to cease violations of the regulations in the time prescribed in the notice. (The time within which 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.

II. Subpoena

Violation - Failure to respond to Agency subpoena to appear and testify or produce records.

Penalty - minimum of $1,045 but not more than $10,450 per violation.

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 $1,811 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 $18,107 per violation.

(This violation applies to motor carriers including an independent contractor who is not a “driver,” as defined under paragraph IV(a) 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 - $1,811 each time the vehicle or intermodal equipment is so operated.

(This violation applies to drivers as defined in IV(a) 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 $18,107 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 IV(a) above.)

e. Violation - Failure to return written certification of correction as required by the out-of-service order.

Penalty - Up to $906 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 IV(c) and IV(d) of this appendix, and subject to the same penalties.

Note:

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 part of an intermodal equipment provider's operations, i.e., failure to cease operations as ordered.

Penalty - Up to $26,126 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 $22,957 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 $14,739 for each day that operations are conducted during the suspension or revocation period.

j. Violation - Conducting operations during a period of suspension or revocation under §§ 385.911, 385.913, 385.1009 or 385.1011.

Penalty - Up to $22,957 for each day that operations are conducted during the suspension or revocation period.

[ 80 FR 18155, Apr. 3, 2015, as amended at 81 FR 41463, June 27, 2016; 82 FR 17590, Apr. 12, 2017]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
Statutes at Large
Public Laws