§FMCSR.com
Current textIn force on June 1, 2015Source: annual CFR editions 2012–2016

§ 386.82 Civil penalties for violations of notices and orders.

Current wording, in the annual edition revised as of Oct. 1, 2012.

govinfo, 2014 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2014 edition's wording. An amendment that took effect between Oct. 1, 2014 and June 1, 2015 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
What changedOct. 1, 2006 wording → Oct. 1, 2012 wording (current)+8 added−1 removedHide

(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(bc)(3);
(3) Final order—§ 386.14, § 386.17, § 386.22, and § 386.61; 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; 70 FR 28486, May 18, 2005; 77 FR 59826, Oct. 1, 2012]

49 CFR § 386.82 — Civil penalties for violations of notices and orders.. Text in force on June 1, 2015. This wording effective October 1, 2012 to present. Source: govinfo, 2014 edition, https://www.govinfo.gov/app/details/CFR-2014-title49-vol5/CFR-2014-title49-vol5-sec386-82. Retrieved from FMCSR.com, https://fmcsr.com/reg/386.82?asof=2015-06-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(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(c)(3);

(3) Final order—§ 386.14, § 386.17, § 386.22, and § 386.61; 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; 70 FR 28486, May 18, 2005; 77 FR 59826, Oct. 1, 2012]

Amendment history

5 distinct wordings on file since Oct. 1, 1996
  1. Oct. 1, 2012 → presentannual editions 2012–2016diff vs. previousviewing
    [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. previous
    [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.