§FMCSR.com
Historical textIn force on Oct. 1, 2005Source: annual CFR edition 2005

§ 386.82 Civil penalties for violations of notices and orders.

Wording in the annual edition revised as of Oct. 1, 2005, superseded by the 2006 annual edition.

govinfo, 2005 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2005 edition's wording. An amendment that took effect between Oct. 1, 2005 and Oct. 1, 2005 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 386.82 — Civil penalties for violations of notices and orders.. Text in force on October 1, 2005. This wording effective October 1, 2005 to October 1, 2006. Source: govinfo, 2005 edition, https://www.govinfo.gov/app/details/CFR-2005-title49-vol5/CFR-2005-title49-vol5-sec386-82. Retrieved from FMCSR.com, https://fmcsr.com/reg/386.82?asof=2005-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

Link to an amendment published at 70 FR 28486, May 18, 2005.

(a) Additional civil penalties are chargeable for violations of notices and orders which are issued under civil forfeiture proceedings pursuant to 49 U.S.C. 521(b). These notices and orders are as follows:

(1) Notice to abate—§ 386.11 (b)(2) and (c)(1)(iv);

(2) Notice to post—§ 386.11(b)(3);

(3) Final order—§ 386.14(f); and

(4) Out-of-service order—§ 386.72(b)(1).

(b) A schedule of these additional penalties is provided in the appendix A to this part. All the penalties are maximums, and discretion will be retained to meet special circumstances by setting penalties for violations of notices and orders, in some cases, at less than the maximum.

(c) Claims for penalties provided in this section and in the appendix A to this part shall be made through the civil forfeiture proceedings contained in this part. The issues to be decided in such proceedings will be limited to whether violations of notices and orders occurred as claimed and the appropriate penalty for such violations. Nothing contained herein shall be construed to authorize the reopening of a matter already finally adjudicated under this part.

[56 FR 10184, Mar. 11, 1991, as amended at 67 FR 61821, Oct. 2, 2002]

Effective Date Note:

At 70 FR 28486, May 18, 2005, § 386.82 was amended by revising paragraph (a)(3), effective November 14, 2005. For the convenience of the user the revised text is set forth as follows:

Amendment history

5 distinct wordings on file since Oct. 1, 1996
  1. Oct. 1, 2012 → presentannual editions 2012–2016diff vs. previous
    [56 FR 10184, Mar. 11, 1991, as amended at 67 FR 61821, Oct. 2, 2002; 70 FR 28486, May 18, 2005; 77 FR 59826, Oct. 1, 2012]
  2. Oct. 1, 2006 → Oct. 1, 2012annual editions 2006–2011diff vs. previous
    [56 FR 10184, Mar. 11, 1991, as amended at 67 FR 61821, Oct. 2, 2002; 70 FR 28486, May 18, 2005]
  3. Oct. 1, 2005 → Oct. 1, 2006annual edition 2005diff vs. previousviewing
    [56 FR 10184, Mar. 11, 1991, as amended at 67 FR 61821, Oct. 2, 2002]
  4. Oct. 1, 2003 → Oct. 1, 2005annual editions 2003–2004diff vs. previous
    [56 FR 10184, Mar. 11, 1991, as amended at 67 FR 61821, Oct. 2, 2002]
  5. Oct. 1, 1996 → Oct. 1, 2003annual editions 1996–2002

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.