blog title for new FMCSA fines scheduleAs of August 1, 2016 you will pay more for some violations as the FMCSA moves forward with updating it’s civil penalty schedule.  Most items were updated based on inflation rates while some were mandated by MAP-21.  Some items have not changed at all.  The “FMCSA infers that there may be some safety benefits that occur,” by increasing penalties, although this “deterrence effect … cannot be reliably quantified.”

To see the full rule visit the Federal Register here.

FMCSA Civil Penalty Schedule for 2016:

Part 386 violation Old Penalty *NEW* penalty  change
Not obeying subpoena-minimim penalty $1,000 $1,000 $0
Not obeying subpoena-maximim penalty $10,000 $10,000 $0
Out-of-service  order (operation  of CMV by driver) $2,100 $3,100 $1,000
Out-of-service order  (requiring  or permitting operation  of CMV by  driver $16,000 $21,000 $5,000
Out-of-service   order (operation  by driver of CMV or intermodal   equipment   that was placed  out  of service) $2,100 $3,100 $1,000
Out-of-service   order (requiring   or permitting operation  of CMV or intermodal  equipment  that was placed  out  of service) $16,000 $21,000 $5,000
Out-of-service  order (failure  to return  written certification of   correction) $750 $850 $100
Out-of-service order (failure to cease operations as ordered) $25,000 $25,000 $0
Out-of-service order (operating in violation of order) $16,000 $16,000 $0
Out-of-service order (conduction operations during suspension or revocation) $11,000 $16,000 $5,000
Conducting operations during suspension or revocation $11,000 $11,000 $0
Recordkeeping-maximum penalty per day $1,000 $1,100 $100
Recordkeeping-maximum total penalty $10,000 $11,000 $1,000
knowing falsification of records $10,000 $11,000 $1,000
Non-recordkeeping violations $11,000 $16,000 $5,000
Non-recordkeeping violations by driver $2,750 $3,750 $1,000
Violation of  49 CFT 392.5 $3,750 $4,125 $375
Commercial driver’s license (CDL) violations $3,750 $4,750 $1,000
Special penalties pertaining to violation of out-of-service orders (1st conviction) $2,500 $2,750 $250
Special penalties pertaining to violation of out-of-service orders (2nd or subsequent convictions) $5,000 $5,500 $500
Employer violations pertaining to knowing allowing, authorizing employee violations of out-of-service order (minimum penalty) $3,750 $4,750 $1,000
employer violations pertaining to knowing allowing, authorizing employee violations of out-of-service order (maximum penalty) $25,000 $27,500 $2,500
Special penalties pertaining to railroad-highway grade crossing violations $10,000 $11,000 $1,000
Financial responsibility violations $16,000 $21,000 $5,000
Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (transportation or shipment of hazardous materials) $75,000 $75,000 $0
Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (training)—minimum penalty $450 $450 $0
Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (training)—maximum penalty $75,000 $75,000 $0
Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (packaging or container) $75,000 $75,000 $0
Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (compliance with FMCSRs) $75,000 $75,000 $0
Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (death, serious illness, severe injury to persons; destruction of property) $175,000 $175,000 $0
Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (generally) $25,000 $25,000 $0
Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (hazardous materials)—maximum penalty $75,000 $75,000 $0
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 $175,000 $175,000 $0
Violations of the commercial regulations (CR) (property carriers) $10,000 $10,000 $0
Violations of the CRs (brokers) $10,000 $10,000 $0
Violations of the CRs (passenger carriers) $25,000 $25,000 $0
Violations of the CRs (foreign motor carriers, foreign motor private carriers) $10,000 $10,000 $0
Violations of CRs (foreign motor carriers, foreign motor private carrier before implementation of NAFTA land transportation provisions)-maximum penalty for intentional violation $11,000 $16,000 $5,000
violations of CRs (foreign motor carriers, foreign motor private carrier before implementation of NAFTA land transportation provisions)-maximum penalty for pattern intentional violations $32,500 $37,500 $5,000
Violations of the CRs (motor carrier or broker for transportation of hazardous wastes)—minimum penalty $20,000 $20,000 $0
Violations of the CRs (motor carrier or broker for transportation of hazardous wastes)—maximum penalty $40,000 $40,000 $0
Violations of the CRs (HHG carrier or freight forwarder, or their receiver or trustee) $1,100 $1,100 $0
Violation of the CRs (weight of HHG shipment, charging for services)-subsequent violations $6,500 $7,500 $1,000
Tariff violations $120,000 $140,000 $20,000
Additional tariff violations (rebates or concessions)-1st violation $220 $320 $100
additional tariff violations (rebates or concessions)-subsequent violations $275 $375 $100
Tariff violations (freight forwarders)-maximum penalty for 1st violation $650 $750 $100
Tariff violations(freight forwarders)-maximum penalty for subsequent violations $2,200 $3,200 $1,000
Service from freight forwarder at less than rate in effect-maximum penalty for 1st violation $650 $750 $100
Service from freight forwarder at less than rate in effect-maximum penalty for subsequent  violations $2,200 $3,200 $1,000
Violations related to loading and unloading motor vehicles $11,000 $16,000 $5,000
Reporting and recordkeeping under 49 U.S.C. subtitle IV, part B (except 13901 and 13902(c)—minimum penalty $1,000 $1,000 $0
Reporting and record keeping under 49 U.S.C. IV, part B-maximum penalty $6,500 $7,500 $1,000
Unauthorized disclosure of information $2,200 $3,200 $1,000
Violation of 49 U.S.C. subtitle IV, Part B or condition of registration $650 $750 $100
Knowingly and willfully fails to deliver or unload HHG at destination $10,000 $11,000 $1,000
HHG broker estimate before entering into an agreement with motor carrier $10,000 $10,900 $900
HHG transportation broker services-registration requirement $25,000 $27,250 $2,250
Copying of records and access to equipment, lands, and buildings- maximum penalty per day $1,000 $1,100 $100
Copying of records and access to equipment, lands, and buildings- maximum total penalty $10,000 $11,000 $1,000
Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302-31304, 31305(b), 31310(g)(1)(A), 31502—minimum penalty for first violation $2,000 $2,000 $0
Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302-31304, 31305(b), 31310(g)(1)(A), 31502—maximum penalty for first violation $5,000 $5,000 $0
Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302-31304, 31305(b), 31310(g)(1)(A), 31502—minimum penalty for subsequent violation(s) $2,500 $2,500 $0
Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302-31304, 31305(b), 31310(g)(1)(A), 31502—maximum penalty for subsequent violation(s) $7,500 $7,500 $0
Evasion of regulations under 49 U.S.C. subtitle IV, part B—minimum penalty for first violation $2,000 $2,000 $0
Evasion of regulations under 49 U.S.C. subtitle IV, part B—minimum penalty for subsequent violation(s) $5,000 $5,000 $0