Appendix A to Part 386 Appendix A to Part 386—Penalty Schedule; Violations of Notices and Orders

Link to an amendment published at 70 FR 28486, May 18, 2005.
I. Notice toTo Abate
a. Violation—failureFailure to cease violations of the regulations in the time prescribed in the notice.
(The time within which to comply with a notice to abate shall not begin to run with respect to contested violations, i.e., where there are material issues in dispute under §  386.14, until such time as the violation has been established.)
Penalty— reinstatement of any deferred assessment or payment of a penalty or portion thereof.
b. Violation—failure to comply with specific actions prescribed in a notice of investigation, compliance order or consent order, other than cessation of violations of the regulations, which were determined to be essential to abatement of future violations.
Penalty—$2,100 per violation per day.
Maximum—$16,000.
II. Notice to Post[Reserved]
Violation— Failure to post notice of violation (i.e., notice of investigation) as prescribed.
Penalty—$650 (A separate violation may be charged each time a failure to post as ordered is discovered.)
III. Final Order
Violation— Failure to comply with finalFinal agencyAgency order, iOrder.e., failure to pay the penalty assessed therein after notice and opportunity for hearing within time prescribed in the order.
Penalty— Automatic waiverreinstatement of any reductionpenalty inpreviously thereduced originalor claimheld foundin toabeyance be valid, and immediate restoration toof the full amount assessed in the Claim Letter or Notice of Investigation.
IV.Claim Out-of-Serviceless Order
a.any Violation—payments Operationpreviously of a commercial vehicle by a driver during the period the driver was placed out of service.
Penalty— Up to $2,100 per violation.
(For purposes of this violation, the term “driver” means an operator of a commercial motor vehicle, including an independent contractor who, while in the course of operating a commercial motor vehicle, is employed or used by another person.)
b. Violation—Requiring or permitting a driver to operate a commercial vehicle during the period the driver was placed out of service.
Penalty— Up to $16,000 per violation.
(This violation applies to motor carriers, including an independent contractor who is not a “driver,” as defined under paragraph IVa above.)
c. Violation— Operation of a commercial motor vehicle by a driver after the vehicle was placed out of service and before the required repairs are made.
Penalty—$2,100 each time the vehicle is so operated.
(This violation applies to drivers as defined in IVa above.)
d. Violation— Requiring or permitting the operation of a commercial motor vehicle placed out of service before the required repairs are made.
Penalty— Up to $16,000 each time the vehicle is so operated after notice of the defect is received.
(This violation applies to motor carriers, including an independent owner-operator who is not a “driver,” as defined in IVa above.)
e. Violation— Failure to return written certification of correction as required by the out-of-service order.
Penalty— Up to $650 per violation.
f. Violation— Knowingly falsifies written certification of correction required by the out-of-service order.
Penalty— Considered the same as the violations described in paragraphs IVc and IVd above, and subject to the same penalties.
Note:
Falsification of certification may also result in criminal prosecution under 18 U.S.C. 1001.
g. Violation— Operating in violation of an order issued under § 386.72(b) to cease all or part of the employer's commercial motor vehicle operations, i.e., failure to cease operations as ordered.
Penalty— Up to $16,000 per day the operation continues after the effective date and time of the order to cease.
h. Violation—Conducting operations during a period of suspension under §§ 386.83 or 386.84 for failure to pay penalties.
Penalty—Up to $11,000 for each day that operations are conducted during the suspension period.
[56 FR 10184, Mar. 11, 1991, as amended at 63 FR 12414, Mar. 13, 1998; 65 FR 78429, Dec. 15, 2000; 68 FR 15383, Mar. 31, 2003]
Effective; Date Note:
At 70 FR 28486, May 18, 2005, appendix A was amended by revising sections I and III, removing section II, effective November 14, 2005. For the convenience of the user, the revised text is set forth as follows:]