FMCSA Increased Fines For Violations Effective 1/6/2023
January 9, 2023
by
GIA Group
Contents
We already wrote about whether violations in personal vehicles can impact the cost of commercial insurance—and the short answer is yes, they can. But when it comes to trucking-specific regulations, the stakes are even higher.
As of January 6, 2023, violating federal trucking regulations has become even more costly. Below is a list of violations and the associated fines. It's critical to understand that non-compliance doesn't just lead to penalties—it can also drive up insurance costs. Insurers closely evaluate a company's safety record when determining premiums. A history of violations can signal higher risk, leading to increased rates.
Worse yet, if a company is found in violation of regulations during an accident or incident, the insurer may deny coverage for damages, leaving the company to absorb substantial financial losses.
Violation | Former penalty value | New penalty value |
|---|---|---|
Failure to respond to the Agency subpoena to appear and testify or produce records (minimum) | $1,195 | $1,288 |
Failure to respond to the Agency subpoena to appear and testify or produce records (maximum) | $11,956 | $12,882 |
Out-of-service order: Operation of CMV by driver | $2,072 | $2,232 |
Out-of-service order: Requiring or permitting operation of CMV by driver | $20,719 | $22,324 |
Out-of-service order: Operation by the driver of a CMV or intermodal equipment that was placed out of service | $2,072 | $2,232 |
Out-of-service order: Requiring or permitting the operation of CMV or intermodal equipment that was placed out of service | $20,719 | $22,324 |
Out-of-service order: Failure to return written certification of correction | $1,036 | $1,116 |
Out-of-service order: Failure to cease operations as ordered | $29,893 | $32,208 |
Out-of-service order: Operating in violation of the order | $26,269 | $28,304 |
Out-of-service order: Conducting operations during suspension or revocation for failure to pay penalties | $16,864 | $18,170 |
Out-of-service order: Conducting operations during suspension or revocation | $26,269 | $28,304 |
Recordkeeping: Maximum penalty per day | $1,388 | $1,496 |
Recordkeeping: Maximum total penalty | $13,885 | $14,960 |
Knowing falsification of records | $13,885 | $14,960 |
Non-recordkeeping violations | $16,864 | $18,170 |
Non-recordkeeping violations by drivers | $4,216 | $4,543 |
Alcohol prohibition violations (first offense) | $3,471 | $3,740 |
Alcohol prohibition violations (second or subsequent conviction) | $6,943 | $7,481 |
Commercial driver’s license violations | $6,269 | $6,755 |
Special penalties for violation of OOS orders (first conviction) | $3,471 | $3,740 |
Special penalties for violation of OOS orders (second or subsequent conviction) | $6,943 | $7,481 |
Knowingly allowing, authorizing employee violations of OOS order (minimum) | $6,269 | $6,755 |
Knowingly allowing, authorizing employee violations of OOS order (maximum) | $34,712 | $37,400 |
Special penalties for railroad-highway grade crossing violations | $17,995 | $19,389 |
Financial responsibility violations | $18,500 | $19,933 |
Violations of Hazardous Materials Regulations and Safety Permitting Regulations (transportation or shipment of hazmat) | $89,678 | $96,624 |
Violations of Hazardous Materials Regulations and Safety Permitting Regulations (training) (minimum penalty) | $540 | $582 |
Violations of Hazardous Materials Regulations and Safety Permitting Regulations (training) (maximum penalty) | $89,678 | $96,624 |
Violations of Hazardous Materials Regulations and Safety Permitting Regulations (packaging or container | $89,678 | $96,624 |
Violations of Hazardous Materials Regulations and Safety Permitting Regulations (compliance with FMCSRs) | $89,678 | $96,624 |
Violations of Hazardous Materials Regulations and Safety Permitting Regulations (death, serious illness, severe injury to persons; destruction of property) | $209,249 | $225,455 |
Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (generally) | $29,893 | $32,208 |
Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating (hazmat maximum penalty) | $89,678 | $96,624 |
Operating after being declared unfit by assignment of a final “unsatisfactory” safety rating dash; hazardous materials (maximum penalty if death, serious illness, severe injury to persons; destruction of property) | $209,249 | $225,455 |
Violations of the commercial regulations, property carriers | $11,956 | $12,882 |
Violations of the CRs, brokers | $11,956 | $12,882 |
Violations of the CRs, passenger carriers | $29,893 | $32,208 |
Violation of the CRs, foreign carriers, and foreign motor private carriers | $11,956 | $12,882 |
Violations of the CRs, foreign motor carriers, foreign motor private carriers, before implementation of North American Free Trade Agreement land transportation provisions (maximum penalty for intentional violation) | $16,443 | $17,717 |
Violations of the CRs, foreign motor carriers, foreign motor private carriers before implementation of North American Free Trade Agreement land transportation provisions (maximum penalty for a pattern of intentional violations) | $41,110 | $44,294 |
Violations of the CRs, motor carrier or broker for transportation of hazardous wastes (minimum) | $23,915 | $25,767 |
Violations of the CRs, motor carrier or broker for transportation of hazardous wastes (maximum) | $47,829 | $51,533 |
Violation of the CRs, household goods carrier or freight forwarder, or their receiver or trustee | $1,798 | $1,937 |
Violation of the CRs, weight of HHG shipment, charging for services (minimum for first violation) | $3,600 | $3,879 |
Violation of the CRs, weight of HHG shipment, and charging for services (subsequent violations) | $8,998 | $9,695 |
Tariff violations | $179,953 | $193,890 |
Additional tariff violations, rebates, or concessions (first violation) | $359 | $387 |
Additional tariff violations, rebates, or concessions (subsequent violations) | $449 | $484 |
Tariff violations, freight forwarders (max penalty for first violation) | $901 | $971 |
Tariff violations, freight forwarders (max penalty for subsequent violations) | $3,600 | $3,879 |
Service from freight forwarders at less than the rate in effect (first violation) | $901 | $971 |
Service from freight forwarders at less than the rate in effect (subsequent violations ) | $3,600 | $3,879 |
Loading, unloading violations | $17,995 | $19,389 |
Reporting and recordkeeping dash; min penalty | $1,195 | $1,288 |
Reporting and recordkeeping dash; max penalty | $8,998 | $9,695 |
Unauthorized disclosure of information | $3,600 | $3,879 |
Violation of registration conditions | $901 | $971 |
Knowingly and willingly fails to deliver or unload HHG | $17,995 | $19,389 |
HHG broker estimates before agreeing with the motor carrier | $13,885 | $14,960 |
HHG transportation or broker services dash; registration requirement | $34,712 | $37,400 |
Copying of records and access to equipment, lands, and buildings (max penalty per day) | $1,388 | $1,496 |
Copying of records and access to equipment, land,s and buildings (max total penalty) | $13,885 | $14,960 |
Evasion of motor carrier regulations (minimum for first violation) | $2,392 | $2,577 |
Evasion of motor carrier regulations (maximum for first violation) | $5,978 | $6,441 |
Evasion of motor carrier regulations (minimum for subsequent violations) | $2,988 | $3,219 |
Evasion of motor carrier regulations (maximum for subsequent) | $8,958 | $9,652 |
Evasion of carrier or broker regulations (minimum for first violation) | $2,392 | $2,577 |
Evasion of carrier or broker regulations (minimum for subsequent) | $5,978 | $6,441 |
