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Friday, September 30, 2022

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Trucking Fines Inflating


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FMCSA increases penalties for trucking violations

On March 21, 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 each year according to inflation. For 2022, all baseline penalties have been increased by approximately 1.06%. The fine increases were published in the Federal Register on March 21 and went into effect immediately.

The FMCSA fine increases of potential relevance to heating fuel dealers are listed here, with hazardous materials penalties in red for convenient reference. Click here for the complete list of DOT civil penalties and related fines. 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 $1,125 $1,195
Disobeying subpoena – maximum $11,256 $11,956
Out-of-service order (operation of CMV by driver) $1,951 $2,072
Out-of-service order (requiring or permitting operation of CMV by driver) $19,505 $20,719
Out-of-service order (operation by driver of CMV or intermodal equipment that was placed out of service) $1,951 $2,072
Out-of-service order (requiring or permitting operation of CMV or intermodal equipment that was placed out of service) $19,505 $20,719
Out-of-service order (failure to return written certification of correction) $975 $1,036
Out-of-service order (failure to cease operations as ordered) $28,142 $29,893
Out-of-service order (operating in violation of order) $24,730 $24,730
Out-of-service order (conducting operations during suspension or revocation for failure to pay penalties) $15,876 $16,864
Out-of-service-order (conducting operations during suspension or revocation) $24,730 $26,269
Recordkeeping – maximum penalty per day $1,307 $1,388
Recordkeeping – maximum total penalty $13,072 $13,885
Knowing falsification of records $13,072 $13,885
Non-recordkeeping violations $15,876 $16,864
Non-recordkeeping violations by drivers $3,969 $4,216
Blood alcohol concentration level (first conviction) $3,268 $3,471
Blood alcohol concentration level (second or subsequent conviction) $6,536 $6,943
Commercial driver's license violations $5,902 $6,269
Special penalties pertaining to violation of out-of-service orders (first conviction) $3,268 $3,471
Special penalties pertaining to violation of out-of-service orders (second or subsequent conviction) $6,536 $6,943
Employer violations pertaining to knowingly allowing, authorizing employee violations of out-of-service order (minimum penalty) $5,902 $6,269
Employer violations pertaining to knowingly allowing, authorizing employee violations of out-of-service order (maximum penalty) $32,679 $34,712
Special penalties pertaining to railroad-highway grade crossing violations $16,941 $17,995
Financial responsibility violations $17,416 $18,500
Violations of Hazardous Materials Regulations and Safety Permitting Regulations (transportation or shipment of hazardous materials) $84,425 $89,678
Violations of Hazardous Materials Regulations and Safety Permitting Regulations (training) – minimum $508 $540
Violations of Hazardous Materials Regulations and Safety Permitting Regulations (training) – maximum $84,425 $84,425
Violations of Hazardous Materials Regulations and Safety Permitting Regulations (packaging or container) $84,425 $89,678
Violations of Hazardous Materials Regulations and Safety Permitting Regulations (compliance with FMCSRs) $84,425 $89,678
Violations of Hazardous Materials Regulations and Safety Permitting Regulations (death, serious illness, severe injury to persons; destruction of property) $196,992 $209,249
Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (generally) $28,142 $29,893
Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (hazardous materials) – maximum $84,425 $89,678
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 $196,992 $209,249
Violations of the commercial regulations (property carriers) $11,256 $11,956
Violations of the CRs (brokers) $11,256 $11,956
Reporting and record keeping – minimum $1,125 $1,195
Reporting and record keeping – maximum $8,471 $8,998
Unauthorized disclosure of information $3,389 $3,600
Violation of condition or registration $848 $901
Copying of records and access to equipment, lands, and buildings – maximum penalty per day $1,307 $1,388
Copying of records and access to equipment, lands, and buildings – maximum total penalty $13,072 $13,885
Evasion of regulations – minimum penalty for first violation(s) $2,252 $2,392
Evasion of regulations – maximum penalty for first violation(s) $5,628 $5,978
Evasion of regulations – minimum penalty for subsequent violation(s) $2,813 $2,988
Evasion of regulations – maximum penalty for subsequent violation(s) $8,433 $8,958

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