FMCSA Increases Civil Penalties for Inflation Adjustments

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The Federal Motor Carrier Safety Administration (FMCSA) published in the Federal Register a final rule, which specifically adjusts civil penalty amounts for inflation adjustments for those who violate the Federal Motor Carrier Safety Regulations (FMSCRs) and Hazardous Materials Regulations (HMRs).

The final rule eliminates existing inconsistencies between regulatory language in Appendices A and B of part 386 and other parts of the FMCSRs by removing the penalty amounts from the regulatory language and listing all penalty amounts in these appendices only. Specifically, for ease of reference, the penalty amounts contained in sections 383.53 (b) and (c), section 385.111(h), section 387.17, and section 387.41 are removed and now referenced only in Appendix B.

The civil penalties language for unauthorized brokerage activities, which was included in MAP-21 (P.L. 112-141) is unchanged as the language was recently signed into law. This includes:

  • Penalties associated with knowingly violating registration and financial requirements for brokers. (double-brokering by motor carriers) remains at $10,000 per incident; and
  • Penalties associated with knowingly violating registration and financial requirements for brokers for the transportation of hazardous waste remains at $20,000 minimum and $40,000 maximum per incident.
Some of these adjustments are required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (Adjustment Act), as amended by the Debt Collection Improvement Act of 1996 (DCIA). Most of the civil penalties were last adjusted for inflation in 2007, and some have not been changed since 2003. Other changes to the civil penalties were mandated by Congress in the Moving Ahead for Progress in the 21st Century Act (MAP-21). This final rule ensures that FMCSA's civil penalties are consistent with the applicable statutes.