Top 5 FMCSR penalties of 2023
Motor carriers and other businesses regulated by the Federal Motor Carrier Safety Administration (FMCSA) paid some hefty fines this year for failing to comply with the agency’s safety regulations.
To date, the FMCSA has collected nearly $25 million in fines over the course of 2023, with an average penalty of over $7,000.
The following are the top 5 settlements of the year, so far, based on violations of the Federal Motor Carrier Safety Regulations (with Illinois playing an outsized role):
- $135,390 paid by an Illinois-based interstate freight hauler (350 power units) for failing to perform enough random drug tests and allowing drivers to drive without a valid commercial driver’s license (CDL).
- $126,960 paid by a driveaway company from Kansas, with over 2,000 power units, for allowing disqualified and medically uncertified drivers to operate commercial vehicles.
- $111,410 paid by an interstate freight hauler from Illinois, with 36 power units, for false logs and operating unsafe vehicles.
- $97,990 paid by another interstate freight hauler from Illinois, with 350 power units (but now declared out of service), for allowing drivers to drive without a valid CDL and after failing a drug test, failing to comply with state laws, and exceeding the 11-hour driving limit.
- $96,520 paid by an owner-operator from Illinois (since declared out of service) for driving without a valid CDL, exceeding the 11-hour driving limit, operating an unsafe vehicle, and driving without adequate insurance.
Two additional companies grabbed the top spots of the year through violations of the Hazardous Materials Regulations. A West Coast hazmat carrier paid a settlement of over $426,000 for hazmat violations, while a Florida-based cargo tank facility paid a penalty of $160,000.
Variables at play
How much would you have to pay for violating the safety regulations? It depends. When determining the amount of a civil penalty, the FMCSA takes several variables into consideration:
- The maximum amount allowed by law, as listed in the appendices to 49 CFR Part 386;
- The nature of the violation;
- The extent to which the violation put public safety at risk;
- How culpable the violator was for the violation;
- The violator’s history of prior offenses;
- The effect the fine would have on the company’s ability to continue to do business; and
- “Such other matters as justice and public safety may require.”
Note, however, that a motor carrier’s “good faith efforts” to comply will also be taken into consideration. So even if you discover that you’ve violated a rule, it’s never too late to do all you can to get back into compliance and prevent any future violations.
Key to remember: Violations of the FMCSA safety regulations can be costly, as shown by the top penalties levied in 2023. Potential penalties should be an incentive to comply at all times.