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

LinkThe Civil Penalties Inflation Adjustment Act Improvements Act of 2015 [Pub. L. 114-74, sec. 701, 129 Stat. 599] amended the Federal Civil Penalties Inflation Adjustment Act of 1990 to anrequire amendmentagencies publishedto atadjust 70civil FRpenalties. 28486Pursuant to that authority, Maythe 18adjusted civil penalties identified in this appendix supersede the corresponding civil penalty amounts identified in title 49, 2005United States Code.
I. Notice to 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—reinstatementReinstatement of any deferred assessment or payment of a penalty or portion thereof.
bII. Subpoena
Violation—failureFailure to complyrespond withto specificAgency actionssubpoena prescribedto inappear aand noticetestify of investigation, compliance order or consentproduce order, other than cessation of violations of the regulations, which were determined to be essential to abatement of future violationsrecords.
Penalty—$2,100minimum perof violation per day.
Maximum—$161,000.
II.365 Noticebut tonot Post
Violation—more Failurethan to post notice of violation (i.e.$13,676 noticeper 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 Notice of Claim Letterless orany Noticepayments ofpreviously Investigationmade.
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 $2,100364 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 $1623,000647 per violation.
(This violation applies to motor carriers, including an independent contractor who is not a “driver,” as defined under paragraph IVaIV(a) above.)
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—$2,100364 each time the vehicle or intermodal equipment is so operated.
(This violation applies to drivers as defined in IVaIV(a) above.)
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 $1623,000647 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 IVaIV(a) above.)
e. Violation— Failure to return written certification of correction as required by the out- of-service order.
Penalty— Up to $6501,182 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 IVcIV(c) and IVdIV(d) aboveof 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 $1634,000116 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 $29,980 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 $1119,000246 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 of this subchapter.
Penalty—Up to $29,980 for each day that operations are conducted during the suspension or revocation period.
[5680 FR 1018418155, MarApr. 113, 19912015, as amended at 6381 FR 1241441463, Mar.June 1327, 19982016; 6582 FR 7842917590, DecApr. 1512, 20002017; 6883 FR 1538360750, MarNov. 3127, 2003]
Effective2018; Date84 Note:
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