FMCSA ups the fines for trucking regulation violations - Part2

February 7, 2023

The Federal Motor Carrier Safety Administration (FMCSA) has increased the fine amount for trucking violations to reflect inflation.

On January 6, 2023, the FMCSA published a Final Rule increasing the civil penalty amounts that may be imposed for violations of certain DOT regulations.

Per the Federal Civil Penalties Inflation Adjustment Act of 2015, federal agencies must increase fines each year to account for inflation.

See the fine increase amounts for violations below.

Violation	Former Penalty Value	New Penalty Value
Failure to respond to Agency subpoena to appear and testify or produce records (minimum)	$1,195	$1,288
Failure to respond to Agency subpoena to appear and testify or produce records (minimum)	$11,956	$12,882
Out-of-service order: Operation of CMV by driver	$2,072	$2,232
Out-of-service order: Requiring or permitting operation of CMV by driver	$20,719	$22,324
Out-of-service order: Operation by driver of CMV or intermodal equipment that was placed out-of- service	$2,072	$2,232
Out-of-service order: Requiring or permitting operation of CMV or intermodal equipment that was placed	$20,719	$22,324
Out-of-service order: Failure to return written certification of correction	$1,036	$1,116
Out-of-service order: Failure to cease operations as ordered	$29,893	$32,208
Out-of-service order: Operating in violation of order	$26,269	$28,304
Out-of-service order: Conducting operations during suspension or revocation for failure to pay penalties	$16,864	$18,170
Out-of-service order: Conducting operations during suspension or revocation	$26,269	$28,304
Recordkeeping: Maximum penalty per day	$1,388	$1,496
Recordkeeping: Maximum total penalty	$13,885	$14,960
Knowing falsification of records	$13,885	$14,960
Non-recordkeeping violations	$16,864	$18,170
Non-recordkeeping violations by drivers	$4,216	$4,543
Alcohol prohibition violations (first offense)	$3,471	$3,740
Alcohol prohibition violations (second or subsequent conviction)	$6,943	$7,481
Commercial driver’s license violations	$6,269	$6,755
Special penalties pertaining to violation of OOS orders (first conviction)	$3,471	$3,740
Special penalties pertaining to violation of OOS orders (second or subsequent conviction)	$6,943	$7,481
Violations of Hazardous Materials Regulations and Safety Permitting Regulations (training) (maximum penalty)	$89,678	$96,624
Violations of Hazardous Materials Regulations and Safety Permitting Regulations (packaging or container	$89,678	$96,624
Violations of Hazardous Materials Regulations and Safety Permitting Regulations (compliance with FMCSRs)	$89,678	$96,624
Violations of Hazardous Materials Regulations and Safety Permitting Regulations (death, serious illness, severe injury to persons; destruction of property)	$209,249	$225,455
Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (generally)	$29,893	$32,208
Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (hazmat maximum penalty)	$89,678	$96,624
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)	$209,249	$225,455

Violation	Former Penalty Value	New Penalty Value
Violations of the commercial regulations, property carriers	$11,956	$12,882
Violations of the CRs, brokers	$11,956	$12,882
Violations of the CRs, passenger carriers	$29,893	$32,208
Violation of the CRs, foreign carriers, foreign motor private carriers	$11,956	$12,882
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)	$16,443	$17,717
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)	$41,110	$44,294
Violations of the CRs, motor carrier or broker for transportation of hazardous wastes (minimum)	$23,915	$25,767
Violations of the CRs, motor carrier or broker for transportation of hazardous wastes (maximum)	$47,829	$51,533
Violation of the CRs, household goods carrier or freight forwarder, or their receiver or trustee	$1,798	$1,937
Violation of the CRs, weight of HHG shipment, charging for services (minimum for first violation)	$3,600	$3,879
Violation of the CRs, weight of HHG shipment, charging for services (subsequent violations)	$8,998	$9,695
Tariff violations	$179,953	$193,890
Additional tariff violations, rebates or concessions (first violation)	$359	$387
Additional tariff violations, rebates or concessions (subsequent violations)	$449	$484
Tariff violations, freight forwarders (max penalty for first violation)	$901	$971
Tariff violations, freight forwarders (max penalty for subsequent violations)	$3,600	$3,879
Service from freight forwarders at less than rate in effect (first violation)	$901	$971
Service from freight forwarders at less than rate in effect (subsequent violations )	$3,600	$3,879
Loading, unloading violations	$17,995	$19,389
Reporting and recordkeeping – min penalty	$1,195	$1,288
Reporting and recordkeeping – max penalty	$8,998	$9,695
Unauthorized disclosure of information	$3,600	$3,879
Violation of registration conditions	$901	$971
Knowingly and willingly fails to deliver or unload HHG	$17,995	$19,389
HHG broker estimate before entering into agreement with motor carrier	$13,885	$14,960
HHG transportation or broker services – registration requirement	$34,712	$37,400
Copying of records and access to equipment, lands and buildings (max penalty per day)	$1,388	$1,496
Copying of records and access to equipment, lands and buildings (max total penalty)	$13,885	$14,960

Violation	Former Penalty Value	New Penalty Value
Evasion of motor carrier regulations (minimum for first violation)	$2,392	$2,577
Evasion of motor carrier regulations (maximum for first violation)	$5,978	$6,441
Evasion of motor carrier regulations (minimum for subsequent violations)	$2,988	$3,219
Evasion of motor carrier regulations (maximum for subsequent)	$8,958	$9,652
Evasion of carrier or broker regulations (minimum for first violation)	$2,392	$2,577
Evasion of carrier or broker regulations (minimum for first violation)	$5,978	$6,441

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