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

The DebtCivil CollectionPenalties ImprovementInflation Adjustment Act Improvements Act of 19962015 [Pub.Public L.Law 104114-13474, title III, chapter 10, sec. 31001701, par.129 (s), 110 Stat. 1321-1373584, 599] amended the Federal Civil Penalties Inflation Adjustment Act of 1990 to require agencies to adjust for inflation “each civil monetarypenalties penaltyfor provided by law within the jurisdiction of the Federal agency inflation. . .” and to publish that regulation in the Federal Register. Pursuant to that authority, the inflation adjusted civil penalties identified in this appendix supersede the corresponding civil penalty amounts identified in title 49, United States Code.
I. Notice to Abate
Violation—Failure 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.
II. Subpoena
Violation—Failure to respond to Agency subpoena to appear and testify or produce records.
Penalty—minimum of $1,000028 but not more than $10,000282 per violation.
III. Final Order
Violation—Failure to comply with Final Agency Order.
Penalty—Automatic reinstatement of any penalty previously reduced or held in abeyance and restoration of the full amount assessed in the Notice of Claim less any payments previously made.
IV. Out-of-Service Order
a. Violation—Operation of a commercial vehicle by a driver during the period the driver was placed out of service.
Penalty—Up to $31,100782 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 $2117,000816 per violation.
(This violation applies to motor carriers including an independent contractor who is not a “driver,” as defined under paragraph IV(a) of this appendixabove.)
c. Violation—Operation of a commercial motor vehicle or intermodal equipment by a driver after the vehicle or intermodal equipment was placed out-of-service and before the required repairs are made.
Penalty—$31,100782 each time the vehicle or intermodal equipment is so operated.
(This violation applies to drivers as defined in paragraph IV(a) of this appendixabove.)
d. Violation—Requiring or permitting the operation of a commercial motor vehicle or intermodal equipment placed out-of-service before the required repairs are made.
Penalty—Up to $2117,000816 each time the vehicle or intermodal equipment is so operated after notice of the defect is received.
(This violation applies to intermodal equipment providers and motor carriers, including an independent owner operator who is not a “driver,” as defined in paragraph IV(a) of this appendixabove.)
e. Violation—Failure to return written certification of correction as required by the out-of-service order.
Penalty—Up to $891 per violation.
Penalty—Up to $850 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 IV(c) and IV(d) of this appendix, 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 or to cease part of an intermodal equipment provider's operations, i.e., failure to cease operations as ordered.
Penalty—Up to $25,000705 per day the operation continues after the effective date and time of the order to cease.
h. Violation—Operating in violation of an order issued under § 386.73.
Penalty—Up to $1622,000587 per day the operation continues after the effective date and time of the out-of-service order.
i. Violation—Conducting operations during a period of suspension under § 386.83 or § 386.84 for failure to pay penalties.
Penalty—Up to $1614,000502 for each day that operations are conducted during the suspension or revocation period.
j. Violation—Conducting operations during a period of suspension or revocation under §§ 385.911, 385.913, 385.1009 or 385.1011.
Penalty—Up to $1122,000587 for each day that operations are conducted during the suspension or revocation period.
[80 FR 18155, Apr. 3, 2015, as amended at 81 FR 41463, June 27, 2016]