According To The Federal Motor Carrier Safety Regulations, What Are The Penalties For Violating A FMCSR?
The FMCSA is allowed to impose civil penalties against motor carriers, drivers, and other entities who violate the FMCSRs. A civil penalty is a monetary fine imposed by a government agency as compensation for violation (this is not to be confused with a criminal punishment which generally results in jail time). With this in mind, the monetary amount of each penalty is determined by Congress in the statutes, who in turn gives enforcement powers to the FMCSA. The FMCSRs generally list the maximum civil penalties that my be imposed for various violations. However, they do set some minimum amounts. In determining the actual penalty, the FMCSA considers the maximum/minimum amounts identified in the statutes as well as considerations such as: the nature of the violations, the gravity of the violations, the violator’s degree of culpability, the violator’s history of prior offenses, the effect on the violator’s ability to continue to do business, and other facts “as justice and public safety may require.” When the FMSCA assesses penalties for violations of notices and orders, consideration is given to good faith efforts to achieve compliance with the terms of the notices and orders. If a CMV owner or operator fails to pay a civil penalty in full within 90 days after the deadline, he or she is prohibited from operating in interstate commerce starting on the 91st day. A few examples of civil penalties include: commercial driver’s license (CDL) violation = $3,750; knowingly violating rules related to hazardous materials = $450, up to $50,000 per violation; and operating a CMV in interstate commerce after receiving a final unsatisfactory safety rating = $25,000 per day.
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