Fines for violations of the FMCSA regulations are increasing. In a final rule published in the Federal Register on January 6, 2023, the FMCSA announced the new civil penalty amounts. The changes are part of an annual adjustment to account for inflation, which are required by law. Adjustments were also made to other agencies in the U.S. Department of Transportation. The increase is based on the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires all federal agencies to adjust the minimum and maximum civil penalty amounts for inflation “to help preserve their deterrent impact.” The new amounts are effective immediately.
Failure to respond to Agency subpoena to appear and testify or produce records (min): was $1,195 now $1,288. Failure to respond to Agency subpoena to appear and testify or produce records (max): was $11,956 now $12,882. Recordkeeping (max penalty per day): was $1,388 now $1,496. Recordkeeping (max total penalty): was $13,885 now $14,960. Knowing falsification of records: was $13,885 now $14,960. Non-recordkeeping violations: was $16,864 now $18,170. Non-recordkeeping violations by drivers: was $4,216 now $4,543. Alcohol prohibition violations (first): was $3,471 now $3,740. Alcohol prohibition violations (second or subsequent): was $6,943 now $7,481. Commercial driver’s license violations: was $6,269 now $6,755.
Out-of-service (OOS) order (operation of CMV by driver): was $2,072 now $2,232. OOS order (requiring or permitting operation of CMV by driver): was $20,719 now $22,324. OOS order (operation by driver of CMV or intermodal equipment placed out-of- service): was $2,072 now $2,232. OOS order (requiring or permitting operation of CMV or intermodal equipment placed out-of-service): was $20,719 now $22,324. OOS order (failure to return certification of correction): was $1,036 now $1,116. OOS order (failure to cease operations as ordered): was $29,893 now $32,208. OOS order (operating in violation of order): was $26,269 now $28,304. OOS order (conducting operations during suspension or revocation for failure to pay penalties): was $16,864 now $18,170. OOS order (conducting operations during suspension or revocation): was $26,269 now $28,304.
Special penalties pertaining to violation of OOS orders (first): was $3,471 now $3,740. Special penalties pertaining to violation of OOS orders (second or subsequent): was $6,943 now $7,481. Knowingly allowing/authorizing employee violations of OOS order (min): was $6,269 now $6,755. Knowingly allowing/authorizing employee violations of OOS order (max): was $34,712 now $37,400. Special penalties pertaining to railroad-highway grade crossing violations: was $17,995 now $19,389. Financial responsibility violations: was $18,500 now $19,933.
Violations of hazmat and safety permitting regulations (transportation or shipment of hazmat): was $89,678 now $96,624. Violations of hazmat and safety permitting regulations training (min): was $540 now $582. Violations of hazmat and safety permitting regulations training (max): was $89,678 now $96,624. Violations of hazmat and safety permitting regulations (packaging or container): was $89,678 now $96,624. Violations of hazmat and safety permitting regulations (compliance with FMCSRs): was $89,678 now $96,624. Violations of hazmat and safety permitting regulations (death, serious illness, severe injury to person, destruction of property): was $209,249 now $225,455.
Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (generally): was $29,893 now $32,208. Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (max for hazmat): was $89,678 now $96,624. Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (max for hazmat if death, serious illness, severe injury, destruction of property): former penalty was $209,249 now $225,455.
Violations of the commercial regulations (CRs) for property carriers: was $11,956 now $12,882. Violations of the CRs for brokers: was $11,956 now $12,882. Violations of the CRs for passenger carriers: was $29,893 now $32,208. Violations of the CRs for foreign carriers and foreign motor private carriers: was $11,956 now $12,882. Violations of the CRs for foreign motor carriers and foreign motor private carriers before implementation of North American Free Trade Agreement land transportation provisions (max penalty for intentional violation): was $16,443 now $17,717. Violations of the CRs for foreign carriers and foreign private carriers before implementation of North American Free Trade Agreement land transportation provisions (max penalty for a pattern of intentional violations): was $41,110 now $44,294.
Violations of the commercial regulations (CRs) for motor carrier or broker for transportation of hazardous wastes (min): was $23,915 now $25,767. Violations of the CRs for motor carrier or broker for transportation of hazardous wastes (max): was $47,829 now $51,533. Violations of the CRs for household goods carrier or freight forwarder, or their receiver or trustee: was $1,798 now $1,937. Violations of the CRs for weight of HHG shipment, charging for services (min for first violation): was $3,600 now $3,879. Violations of the CRs for weight of HHG shipment, charging for services (subsequent violations): was $8,998 now $9,695.
Tariff violations: was $179,953 now $193,890. Additional tariff violations (first): was $359 now $387. Additional tariff violations (subsequent violations): was $449 now $484. Tariff violations for freight forwarders (max penalty for first violation): was $901 now $971. Tariff violations for freight forwarders (max penalty for subsequent violations): was $3,600 now $3,879. Service from freight forwarders at less than rate in effect (first): was $901 now $971. Service from freight forwarders at less than rate in effect (subsequent): was $3,600 now $3,879. Loading/unloading violations: was $17,995 now $19,389.
Reporting and recordkeeping (min): was $1,195 now $1,288. Reporting and recordkeeping (max): was $8,998 now $9,695. Violation of registration conditions: was $901 now $971. Unauthorized disclosure of information: was $3,600 now $3,879. Knowingly and willingly fails to deliver or unload HHG: was $17,995 now $19,389. HHG broker estimate before entering into agreement with motor carrier: was $13,885 now $14,960. HHG transportation or broker services (registration requirement): was $34,712 now $37,400. Copying of records and access to equipment, lands, and buildings (max penalty per day): was $1,388 now $1,496. Copying of records and access to equipment, lands, and buildings (max total penalty): was $13,885 now $14,960. Are you getting tired and stressed out yet?
Evasion of motor carrier regulations (min for first violation): was $2,392 now $2,577. Evasion of motor carrier regulations (max for first violation): was $5,978 now $6,441. Evasion of motor carrier regulations (min for subsequent violations): was $2,988 now $3,219. Evasion of motor carrier regulations (max for subsequent violations): was $8,958 now $9,652. Evasion of carrier or broker regulations (min for first violation): was $2,392 now $2,577. Evasion of carrier or broker regulations (min for subsequent violations): was $5,978 now $6,441. As you can see, if you didn’t already know, many of these fines are huge. Don’t get caught bending any of the regulations, because it might just put you out of business for good!
