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

§ 387.41 Violation and penalty.

Current wording, in the annual edition revised as of Oct. 1, 2015.

govinfo, 2016 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2016 edition's wording. An amendment that took effect between Oct. 1, 2016 and Oct. 1, 2016 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 387.41 — Violation and penalty.. Text in force on October 1, 2016. This wording effective October 1, 2015 to present. Source: govinfo, 2016 edition, https://www.govinfo.gov/app/details/CFR-2016-title49-vol5/CFR-2016-title49-vol5-sec387-41. Retrieved from FMCSR.com, https://fmcsr.com/reg/387.41?asof=2016-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Any person (except an employee who acts without knowledge) who knowingly violates the rules of this subpart shall be liable to the United States for a civil penalty as stated in part 386, appendix B, of this chapter, and if any such violation is a continuing one, each day of violation will constitute a separate offense. The amount of any such penalty shall be assessed by the Administrator or his/her designee, by written notice.

(b) In determining the amount of such penalty, the Administrator or his/her designee shall take into account the nature, circumstances, extent, the gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior violations, the ability to pay, and any effect on ability to continue to do business, and such other matters as justice may require.

[80 FR 18158, Apr. 3, 2015]

Amendment history

4 distinct wordings on file since Oct. 1, 1996
  1. Oct. 1, 2015 → presentannual editions 2015–2016diff vs. previousviewing
    [80 FR 18158, Apr. 3, 2015]
  2. Oct. 1, 2013 → Oct. 1, 2015annual editions 2013–2014diff vs. previous
    [53 FR 47543, Nov. 23, 1988, as amended at 78 FR 60233, Oct. 1, 2013]
  3. Oct. 1, 2001 → Oct. 1, 2013annual editions 2001–2012diff vs. previous
    [53 FR 47543, Nov. 23, 1988]
  4. Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000
    [53 FR 47543, Nov. 23, 1988]

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.