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

The 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 require agencies to adjust civil penalties. Pursuant to that authority, the adjusted civil penalties identified in this appendix supersede the corresponding civil penalty amounts identified in title 49, United States Code.
I. Notice Toto 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 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 $1,000365 but not more than $1013,000676 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 $2,100364 per violation.
(For purposes of this violation, the term ”driver“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 $7501,182 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 all or part of an intermodal equipment provider's operations, i.e., failure to cease operations as ordered.
Penalty—Up to $2534,000116 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 $1629,000980 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. 27, 2018; 84 FR 37076, July 31, 20032019; 7086 FR 284861760, Jan. 11, 2021; 86 FR 23256, May 183, 20052021; 7287 FR 5510215870, SeptMar. 2821, 20072022; 7388 FR 768201129, DecJan. 176, 20082023; 7788 FR 2487289564, AprDec. 2628, 20122023; 7889 FR 60233106298, OctDec. 130, 20132024]