All
Up, Up & Obey!
FMCSA increases driver and carrier fines for the second time in 2021
On May 3, 2021, the Federal Motor Carrier Safety Administration (FMCSA) increased the civil penalty amounts that drivers and carriers can be fined for violating federal trucking regulations.
The FMCSA, along with other Department of Transportation (DOT) agencies, is required to adjust its civil penalty amounts once per year according to inflation. However, last year’s increase — published in the Federal Register on January 11, 2021 and reported in the January/February 2021 issue of Oil & Energy — had been delayed due to the coronavirus pandemic; hence, this year, penalty amounts have increased twice.
For the latest increase, all baseline penalties have been raised by approximately 1.01 percent. The fine increases were published in the Federal Register on May 3 and went into effect immediately. There was no prior notice or comment period.
FMCSA fine increases of potential relevance to heating fuel dealers are listed here, with hazardous materials penalties in red for convenient reference. The complete list of DOT civil penalties and related fines is available here.
Note: some of these penalties apply specifically to carriers engaged in interstate transportation while others fall under general and intermodal programs. Carriers are encouraged to consult legal counsel on all matters related to federal trucking regulations and violations.
| Violation | Prior Fine | New Fine |
| Disobeying subpoena - minimum | $1,112 | $1,125 |
| Disobeying subpoena - maximum | $11,125 | $11,126 |
| Out-of-service order (operation of CMV by driver) | $1,928 | $1,951 |
| Out-of-service order (requiring or permitting operation of CMV by driver) | $19,277 | $19,505 |
| Out-of-service order (operation by driver of CMV or intermodal equipment that was placed out of service) | $1,928 | $1,951 |
| Out-of-service order (requiring or permitting operation of CMV or intermodal equipment that was placed out of service) | $19,277 | $19,505 |
| Out-of-service order (failure to return written certification of correction) | $964 | $975 |
| Out-of-service order (failure to cease operations as ordered) | $27,813 | $28,142 |
| Out-of-service order (operating in violation of order) | $24,441 | $24,730 |
| Out-of-service order (conducting operations during suspension or revocation for failure to pay penalties) | $15,691 | $15,876 |
| Out-of-service-order (conducting operations during suspension or revocation) | $24,441 | $24,730 |
| Recordkeeping - maximum penalty per day | $1,292 | $1,302 |
| Recordkeeping - maximum total penalty | $12,919 | $13,072 |
| Knowing falsification of records | $12,919 | $13,072 |
| Non-recordkeeping violations | $15,691 | $15,876 |
| Non-recordkeeping violations by drivers | $3,923 | $3,969 |
| Blood alcohol concentration level (first conviction) | $3,230 | $3,268 |
| Blood alcohol concentration level (second or subsequent conviction) | $6,460 | $6,536 |
| Commercial driver's license violations | $5,833 | $5,902 |
| Special penalties pertaining to violation of out-of-service orders (first conviction) | $3,230 | $3,268 |
| Special penalties pertaining to violation of out-of-service orders (second or subsequent conviction) | $6,460 | $6,536 |
| Employer violations pertaining to knowingly allowing, authorizing employee violations of out-of-service order (minimum penalty) | $5,833 | $5,902 |
| Employer violations pertaining to knowingly allowing, authorizing employee violations of out-of-service order (maximum penalty) | $32,297 | $32,679 |
| Special penalties pertaining to railroad-highway grade crossing violations | $16,743 | $16,941 |
| Financial responsibility violations | $17,213 | $17,416 |
| Violations of Hazardous Materials Regulations and Safety Permitting Regulations (transportation or shipment of hazardous materials) | $83,439 | $84,425 |
| Violations of Hazardous Materials Regulations and Safety Permitting Regulations (training) - minimum | $502 | $508 |
| Violations of Hazardous Materials Regulations and Safety Permitting Regulations (training) - maximum | $83,439 | $84,425 |
| Violations of Hazardous Materials Regulations and Safety Permitting Regulations (packaging or container) | $83,439 | $84,425 |
| Violations of Hazardous Materials Regulations and Safety Permitting Regulations (compliance with FMCSRs) | $83,439 | $84,425 |
| Violations of Hazardous Materials Regulations and Safety Permitting Regulations (death, serious illness, severe injury to persons; destruction of property) | $194,691 | $196,992 |
| Operating after being declared unfit by assignment of a final "unsatisfactory" safety rating (generally) | $27,813 | $28,142 |
| Operating after being declared unfit by assignment of a final "unsatisfactory" safety rating (hazardous materials) - maximum | $83,439 | $84,425 |
| 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 | $194,691 | $196,992 |
| Violations of the commercial regulations (property carriers) | $11,125 | $11,256 |
| Violations of the CRs (brokers) | $11,125 | $11,256 |
| Violations of the CRs (motor carrier or broker for transportation of hazardous wastes) - minimum penalty | $22,251 | $22,514 |
| Violations of the CRs (motor carrier or broker for transportation of hazardous wastes) - maximum penalty | $44,501 | $45,027 |
| Violations related to loading and unloading motor vehicles | $16,743 | $16,941 |
| Reporting and record keeping - minimum | $1,112 | $1,125 |
| Reporting and record keeping - maximum | $8,372 | $8,471 |
| Unauthorized disclosure of information | $3,349 | $3,389 |
| Violation of condition or registration | $838 | $848 |
| Copying of records and access to equipment, lands, and buildings - maximum penalty per day | $1,292 | $1,307 |
| Copying of records and access to equipment, lands, and buildings - maximum total penalty | $12,919 | $13,072 |
| Evasion of regulations - minimum penalty for first violation | $2,226 | $2,252 |
| Evasion of regulations - maximum penalty for first violation | $5,562 | $5,628 |
| Evasion of regulations - minimum penalty for subsequent violation(s) | $2,780 | $2,813 |
| Evasion of regulations - maximum penalty for subsequent violation(s) | $8,344 | $8,433 |
Related Posts
2024 Hedging Survey
Posted on April 19, 2024
Approved Oil Is Cleaning Up NYC
Posted on April 17, 2024
Show Your Work
Posted on April 17, 2024
Building Designated Alternative Fuel Corridors
Posted on April 17, 2024
Enter your email to receive important news and article updates.