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FMCSA Increases Fines

The Federal Motor Carrier Safety Administration has increased the fines associated with many commercial driver and carrier violations.  

The fines that are changing are listed below with the amount of the change and the new value respectively.

  • Out-of-service order: Operation of CMV by driver, up $1,000 to $3,100
  • Out-of-service order: Requiring or permitting driver to operate CMV, up $5,000 to $21,000
  • Out-of-service order: Operation by driver of equipment placed OOS: up $1,000 to $3,100
  • Out of service order: Requiring or permitting driver to operate equipment placed OOS, up $5,000 to $21,000
  • Failure to return written certification of correction following OOS order: up $100 to $850
  • Conducting operations during suspension or revocation for failure to pay penalties: up $5,000 to $16,000
  • Recordkeeping: Maximum penalty per day: up $100 to $1,100
  • Recordkeeping: Maximum penalty total: up $1,000 to $11,000
  • Knowing falsification of records: up $1,000 to $11,000
  • Non-recordkeeping violations: up $5,000 to $16,000
  • Non-recordkeeping violations by drivers: up $1,000 to $2,750
  • Alcohol prohibition violations: up $1,000 to $4,750
  • CDL violations: up $1,000 to $4,750
  • Special penalties, OOS violation (first violation): up $250 to $2,750
  • Special penalties, OOS violation (subsequent violations): up $500 to $5,500
  • Knowingly allowing, authorizing employee violations of OOS order (minimum): up $1,000 to $4,750
  • Knowingly allowing, authorizing employee violations of OOS order (maximum): up $2,500 to $27,500
  • Special penalties, railroad-highway grade crossing violations: up $1,000 to $11,000
  • Financial responsibility (insurance) violations: up $5,000 to $21,000
  • Charging services for HHG not performed: up $1,000 to $7,500
  • Tariff violations: up $20,000 to $140,000
  • Tariff violations, freight forwarders (maximum, first violation): up $100 to $750
  • Tariff violations, freight forwarders (maximum, subsequent violations): up $1,000 to $3,200
  • Service from freight forwarders at less than rate in effect (first violation): up $650 to $750
  • Service from freight forwarders at less than rate in effect (subsequent violations): up $1,000 to $3,200
  • Loading and unloading violations: up $5,000 to $16,000
  • Reporting and recordkeeping (maximum): up $1,000 to $7,500
  • Unauthorized disclosure of information: up $1,000 to $3,200
  • Knowingly and willfully failing to deliver or unload HHG at destination: up $1,000 to $11,000
  • HHG broker estimate before entering into agreement with carrier: up $900 to $10,900
  • Copying of records and access to equipment, lands and buildings (maximum per day): up $100 to $1,100
  • Copying of records and access to equipment, lands and building (total): up $1,000 to $11,000

ATRI Research Finds Truck Operations and Safety Have Been Impacted by 34-Hour Restart Provisions

Arlington, VA – The American Transportation Research Institute (ATRI) today released the results of a new analysis of the safety and operational impacts from the 34-hour restart provisions.  In this latest of an ongoing series of Research Tech Memos, ATRI analyzed an extensive truck GPS database to identify changes in truck travel by time-of-day and day of the week that may have occurred after the July 1, 2013 change to the Hours-of-Service (HOS) restart provisions.  ATRI also examined several years or pre- and post-July 1 federal truck crash data to quantify safety impacts resulting from the HOS rules change implemented by the Federal Motor Carrier Safety Administration.The truck GPS data analysis identified a shift of truck traffic from nighttime to daytime and a shift of truck traffic away from the weekends to more congested weekdays, with the biggest decreases in truck activity occurring on Sunday nights.The crash data analysis showed a statistically significant increase in truck crashes after the July 1, 2013 rule change, specifically with injury and towaway crashes.  In particular, the increase in injury and towaway crashes would be expected based on the shifting of trucks to more congested weekday travel due to increased traffic exposure.The crash increases and operational shifts would ostensibly be independent of overall economic improvement since the statistical tool utilizes percentage change, and tonnage growth percentages over the 2-year period were relatively constant.  In addition, truck unit position points are a better indicator of physical truck movements than freight volumes.

ATRI’s report features some possible explanations for the GPS and crash data findings as a result of operational changes the industry had to make post-July 1, 2013.  Among these are:

  • Drivers abandoning use of the more restrictive 34-hour restart in favor of the rolling recap.
  • Expanded use of weekend productivity by drivers, particularly Friday into early Saturday driving.
  • Earlier weekend dispatches for drivers to avoid disruptions to early week (Monday-Tuesday) operations.

 

“After many years of crash decreases, everyone knows our industry has experienced an uptick in crashes,” said Dean Newell, Vice President, Safety of Maverick USA, Inc. and a member of ATRI’s Research Advisory Committee.  “This latest analysis from ATRI validates both changes in operations and crash risk that seem to be associated with the restart rule.  Regulations should serve to improve safety, not create additional safety risks.”

 

ATRI is the trucking industry’s 501(c)(3) not-for-profit research organization.  It is engaged in critical research relating to freight transportation’s essential role in maintaining a safe, secure and efficient transportation system.