37 Tex. Admin. Code § 16.66 - Special Penalties Pertaining to Violation of Out-of-Service Orders and Railroad Grade Crossing Violations for Drivers and Employers

(a) General rule. Any person who violates Texas Transportation Code, § 522.071(a)(5), § 522.072 or the rules set forth in Subparts B and C of 49 CFR Part 383, may be subject to civil or criminal penalties as provided for in this section or in 49 USC Part 521(b).

(b) Driver violations. A driver who is convicted of violating an out-of-service order must be subject to a civil or administrative penalty of not less than $2,500 for a first conviction, and not less than $5,000 for a second conviction, in addition to a disqualification action.

(c) Employer violations. An employer who is convicted of a violation of 49 CFR § 383.37(c) or Texas Transportation Code, § 522.072(a)(3) must be subject to a maximum civil or administrative penalty of not less than $2,750 and not more than $25,000. An employer who is convicted of a violation of 49 CFR § 383.37(d) or Texas Transportation Code, § 522.072(b) must be subject to a civil or administrative penalty of not more than $10,000.

(d) Penalties. Civil penalties for violations of the regulations adopted herein may be assessed by a court of competent jurisdiction or assessed as an administrative penalty under the provisions of Texas Transportation Code, Chapter 644.

Notes

37 Tex. Admin. Code § 16.66

Adopted by Texas Register, Volume 41, Number 37, September 9, 2016, TexReg 7118, eff. 9/14/2016