Penalties (Fines)

Motor carriers and commercial motor vehicle drivers may incur monetary penalties for violations of the Federal Motor Carrier Safety Regulations.

Scope

Penalties may be issued to motor carriers and their commercial motor vehicle drivers after an audit or investigation or as a result of a roadside inspection.

Regulatory citations

49 CFR Part 383 — Commercial driver’s license standards; requirements and penalties
49 CFR 385.1009 — Suspension proceedings
49 CFR 385.111 — Suspension and revocation of Mexico-domiciled carrier registration
49 CFR 385.911 — Suspension proceedings
49 CFR 385.913 — Revocation proceedings
49 CFR 386.72 — Imminent hazard
49 CFR 386.83 — Sanction for failure to pay civil penalties or abide by payment plan; operation in interstate commerce prohibited
49 CFR 386.84 — Sanction for failure to pay civil penalties or abide by payment plan; suspension or revocation of registration
49 CFR Part 386 Appendix A — Penalty Schedule: Violations of Notices and Orders
49 CFR Part 386 Appendix B — Penalty Schedule: Violations and Monetary Penalties
49 CFR Part 387 — Minimum levels of financial responsibility for motor carriers
49 CFR 392.5 — Alcohol prohibition

Key definitions

Commercial motor vehicle (CMV): A self-propelled or towed vehicle used on a highway to transport property or passengers when the vehicle:
- Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or
- Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
- Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
- Is transporting hazardous materials of a type or quantity that requires placarding.

Summary of requirements

The Federal Motor Carrier Safety Administration (FMCSA), in Appendix A and Appendix B to 49 CFR Part 386, provides a general list of violations of the Federal Motor Carrier Safety Regulations and what the maximum fines could be.

The table below summarizes the categories of violations and monetary penalties. The latest changes to this table were published in the Federal Register on December 28, 2023.

Violation	Description	Monetary penalty
Recordkeeping violations	A person or entity that fails to prepare or maintain a record required by Parts 40, 382, 385 and 390–399 or prepares or maintains a required record that is incomplete, inaccurate, or false.	A maximum of $1,544 for each day the violation continues, up to $15,445.
Knowing falsification of records	A person or entity that knowingly falsifies, destroys, mutilates or changes a report or record required by Parts 382, 385, and 390–399, knowingly makes or causes to be made a false or incomplete record about an operation or business fact or transaction, or knowingly makes, prepares, or preserves a record in violation of a DOT regulation or order.	A maximum of $15,445 if such action misrepresents a fact that constitutes a violation other than a reporting or recordkeeping violation.
Non–recordkeeping violations	A person or entity who violates 49 CFR Parts 382, 385, or 390–399 except a recordkeeping requirement.	Not to exceed $18,759 for each violation.
Non–recordkeeping violations by drivers	A driver who violates 49 CFR Parts 382, 385, or 390–399, except a recordkeeping requirement.	Not to exceed $4,690.
Violation of 49 CFR 392.5	A driver placed out of service for 24 hours for violating the alcohol prohibitions in 392.5(a) or (b) who drives during that period.	Not to exceed $3,861 for a first conviction and not less than $7,723 for a second or subsequent conviction.
Commercial Driver’s License (CDL) violations	Any person who violates 49 CFR 383 Subparts B, C, E, F, G, or H.	Not to exceed $6,974.
Drug & Alcohol Clearinghouse violations	Any employer, employee, medical review officer, or service agent who violates 49 CFR 382, Subpart G.	Not to exceed $6,974.
Violations of out–of–service orders by CDL holders	A *CDL holder* who is convicted of violating an out–of–service order.	$3,861 for a first conviction and not less than $7,723 for a second or subsequent conviction.
Violations of out–of–service orders by CDL holders	*An employer of a CDL holder* who knowingly allows, requires, permits, or authorizes an employee to operate a CMV during any period in which the CDL holder is subject to an out–of–service order.	Not less than $6,974 or more than $38,612.
Grade-crossing violations	An employer of a CDL holder who knowingly allows, requires, permits, or authorizes a CDL holder to operate a CMV in violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings.	Not more than $20,017.
Financial responsibility violations	A motor carrier that fails to maintain the levels of financial responsibility prescribed by Part 387 or any person (except an employee who acts without knowledge) who knowingly violates the rules of Subparts A and B of Part 387.	A maximum penalty of $20,579 for each violation. Each day of a continuing violation constitutes a separate offense.
Violations of Hazardous Materials Regulations (HMRs)	All knowing violations of 49 U.S.C. chapter 51 or orders or regulations issued under the authority of that chapter applicable to the *transport or shipment*of hazardous materials by commercial motor vehicle on the highways.	Not more than $99,756 for each violation. Each day of a continuing violation constitutes a separate offense.
	All knowing violations of 49 U.S.C. chapter 51 or orders or regulations issued under the authority of that chapter applicable to *training*related to the transportation or shipment of hazardous materials by commercial motor vehicle on highways.	Not less than $601 and not more than $99,756 for each violation.
	All knowing violations of 49 U.S.C. chapter 51 or orders, regulations, or exemptions under the authority of that chapter applicable to the *manufacture, fabrication, marking, maintenance, reconditioning, repair, or testing* of a packaging or container that is represented, marked, certified, or sold as being qualified for use in the transportation or shipment of hazardous materials by commercial motor vehicle on highways.	Not more than $99,756 for each violation.
	Whenever regulations issued under the authority of 49 U.S.C. chapter 51 require compliance with the FMCSRs while transporting hazardous materials any violations of the FMCSRs will be considered a violation of the HMRs and subject to a civil penalty.	Not more than $99,756.
	Any of the above four HMR violations results in death, serious illness, or severe injury to any person or in substantial destruction of property.	Not more than $232,762 for each offense.
Operating with an “Unsatisfactory” safety rating	A motor carrier operating a commercial motor vehicle in interstate commerce after receiving a final unsatisfactory safety rating.	Not more than $33,252. Each day the transportation continues constitutes a separate offense.
Operating with an “Unsatisfactory” safety rating	A motor carrier operating a commercial motor vehicle designed or used to transport hazardous materials for which placarding is required, after receiving a final unsatisfactory safety rating.	Not more than $99,756 per offense. If the violation results in death, serious illness, or severe injury to any person or in substantial destruction of property, not more than $232,762 per offense. Each day the transportation continues constitutes a separate offense.
Copying of records and access to equipment, lands, and buildings	A person subject to 49 U.S.C. chapter 51 or a motor carrier, broker, freight forwarder, or owner or operator of a commercial motor vehicle subject to Part B of subtitle VI of title 49 U.S.C. who fails to allow promptly, upon demand in person or in writing, the Federal Motor Carrier Safety Administration (or an employee of a MCSAP grant recipient) to inspect and copy any record or inspect and examine equipment, lands, buildings, and other property, in accordance with 49 U.S.C. 504(c), 5121(c), and 14122(b).	Not more than $1,544 for each offense. Each day of a continuing violation constitutes a separate offense, except that the total of all civil penalties against any violator for all offenses related to a single violation shall not exceed $15,445.
Evading compliance	A person, or an officer, employee, or agent of that person, who by any means tries to evade regulation of motor carriers under Title 49 U.S.C. chapter 5, chapter 51, subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502, or a regulation issued under any of those provisions, or the Hazardous Materials Regulations.	At least $2,661 but not more than $6,650 for the first violation and at least $3,323 but not more than $9,965 for a subsequent violation.
Evading compliance	A person, or an officer, employee, or agent of that person, who tries to evade regulation under Part B of Subtitle IV, Title 49, U.S.C., for carriers or brokers.	At least $2,661 for the first violation and at least $6,650 for a subsequent violation.

Additional Civil Penalties

Additional civil penalties are chargeable for violations of notices and orders which are issued under civil forfeiture proceedings pursuant to 49 U.S.C. 521(b).

A schedule of these additional penalties is listed below. All the penalties listed are maximums.

Violation	Description	Penalty
Notice to abate	Failure to cease violations of the regulations in the time prescribed in the notice.	Reinstatement of any deferred assessment or payment of a penalty or portion thereof.
Subpoenas	Failure to respond to FMCSA subpoena to appear and testify or produce records.	Minimum of $1,330 but not more than $13,300 per violation.
Final order	Failure to comply with final FMCSA order.	Automatic waiver of any reduction in the original claim found to be valid, and immediate restoration to the full amount assessed in the Claim Letter or Notice of Investigation.
Out-of-service order	Operation of a commercial motor vehicle by a driver during the period of time the driver was placed out of service.	Up to $2,304 per violation.
	Requiring or permitting a driver to operate a commercial motor vehicle during the period the driver was placed out of service.	Up to $23,048 per 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.	$2,304 each time the vehicle or intermodal equipment is so operated.
	Requiring or permitting the operation of a commercial motor vehicle or intermodal equipment placed out of service before the required repairs are made.	Up to $23,048 each time the vehicle or intermodal equipment is operated after notice of the defect is received.
	Failure to return written certification of correction required by the out-of-service order.	Up to $1,152 per violation.
	Knowingly falsifies written certification of correction as required by the out-of-service order.	$2,304up to $23,048 each time the vehicle is operated.
	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 the intermodal equipment provider’s operations (failure to cease operations as ordered).	Up to $33,252 per day the operation continues after the effective date and time of the order to cease.
	Conducting operations during a period of suspension under 386.83 or 386.84 for failure to pay penalties.	Up to $18,759 for each day operations are conducted during the suspension or revocation period.
	Conducting operations during a period of suspension or revocation under 385.911, 385.913, 385.1009 or 385.1011.	Up to $29,221 for each day that operations are conducted during the suspension or revocation period.
Violations of the commercial regulations (CRs)	A person who operates as a motor carrier for the transportation of property in violation of the registration requirements of 49 U.S.C. 13901.	Minimum penalty of $13,300 per violation.
	A person who knowingly operates as a broker in violation of registration requirements of 49 U.S.C. 13904 or financial security requirements of 49 U.S.C. 13906.	Not to exceed $13,300 per violation.
	A person who operates as a motor carrier of passengers in violation of the registration requirements of 49 U.S.C. 13901.	Minimum penalty of $33,252 per violation.
Violations of the commercial regulations (CRs)	A person who operates as a foreign motor carrier or foreign motor private carrier of property in violation of the provisions of 49 U.S.C. 13902 (c).	Minimum penalty of $13,300 per violation.
	A person who operates as a foreign motor carrier or foreign motor private carrier without authority, before the implementation of the land transportation provisions of the North American Free Trade Agreement, outside the boundaries of a commercial zone along the United States-Mexico border.	Maximum penalty of $18,291 for an intentional violation and a maximum penalty of $45,730 for a pattern of intentional violations.
	A person who operates as a motor carrier or broker for the transportation of hazardous wastes in violation of the registration provisions of 49 U.S.C. 13901.	Minimum penalty of $26,602 per violation and maximum penalty of $53,203 per violation.
	A motor carrier or freight forwarder of household goods, or their receiver or trustee, that does not comply with any regulation relating to the protection of individual shippers.	Minimum penalty of $2,000 per violation.
	A person who falsifies, or authorizes an agent or other person to falsify, documents used in the transportation of household goods by motor carrier or freight forwarder to evidence the weight of a shipment.	Minimum penalty of $4,005 for the first violation and $10,009 for each subsequent violation.
	A person who charges for services which are not performed or are not reasonably necessary in the safe and adequate movement of the shipment.	Minimum penalty of $4,005 for the first violation and $10,005 for each subsequent violation.
	A person who knowingly accepts or receives from a carrier a rebate or offset against the rate specified in a tariff required under 49 U.S.C. 13702 for the transportation of property delivered to the carrier.	Three times the amount accepted as a rebate or offset and three times the value of other consideration accepted or received as a rebate or offset for the six-year period before the action is begun.
Violations of the commercial regulations (CRs)	A person who offers, gives, solicits, or receives transportation of property by a carrier at a different rate than the rate in effect under 49 U.S.C. 13702.	Maximum penalty of $200,174 per violation.
	Any person who offers, gives, solicits, or receives a rebate or concession related to motor carrier transportation subject to jurisdiction under subchapter I of 49 U.S.C. Chapter 135, or who assists or permits another person to get that transportation at less than the rate in effect under 49 U.S.C. 13702.	$400 for the first violation and $500 for each subsequent violation.
	A freight forwarder, its officer, agent, or employee, that assists or willingly permits a person to get service under 49 U.S.C. 13531 at less than the rate in effect under 49 U.S.C. 13702.	Up to $1,002 for the first violation and up to $4,005 for each subsequent violation.
	A person who gets or attempts to get service from a freight forwarder under 49 U.S.C. 13531 at less than the rate in effect under 49 U.S.C. 13702.	Up to $1,002 for the first violation and up to $4,005 for each subsequent violation.
	A person who knowingly authorizes, consents to, or permits a violation of 49 U.S.C. 14103 relating to loading and unloading motor vehicles or who knowingly violates subsection (a) of 49 U.S.C. 14103.	Not more than $20,017 per violation.
	A person required to make a report to the DOT, answer a question, or make, prepare, or preserve a record under Part B of Subtitle IV, Title 49 U.S.C., or an officer, agent, or employee of that person, if it does not make the report, does not completely and truthfully answer the question within 30 days from the date the DOT requires the answer, does not make or preserve the record in the form and manner prescribed, falsifies, destroys, or changes the report or record, files a false report or record, makes a false or incomplete entry in the record about a business related fact, or prepares or preserves a record in violation of a DOT regulation or order.	Minimum penalty of $1,330 and maximum penalty of $10,009 per violation
	A motor carrier, water carrier, freight forwarder, or broker, or their officer, receiver, trustee, lessee, employee, or other person authorized to receive information from them, who discloses information identified in 49 U.S.C. 14908 without the permission of the shipper or consignee.	Maximum of $4,005.
	A person who violates a provision of Part B, Subtitle IV, Title 49 U.S.C., or a regulation or order under Part B, or who violates a condition of registration related to transportation that is subject to jurisdiction under subchapter I or III or Chapter 135, or who violates a condition of registration of a foreign motor carrier or foreign motor private carrier under section 13902.	$1,002 for each violation if another penalty is not provided in 49 U.S.C. Chapter 149.
	A violation of Part B, Subtitle IV, Title 49 U.S.C., committed by a director, officer, receiver, trustee, lessee, agent, or employee of a carrier that is a corporation is a violation by the corporation.	Penalties of Chapter 149 apply.
	A knowing and willful failure, in violation of a contract, to deliver to, or unload at, the destination of a shipment of household goods in interstate commerce for which charges have been estimated by the motor carrier transporting such goods, and for which the shipper has tendered a payment in accordance with Part 375, Subpart G.	Not less than $20,017 for each violation. Each day of a continuing violation constitutes a separate offense. A carrier or broker may also have his or her carrier and/or broker registration suspended for up to 36 months, which shall extend to and include any carrier or broker having the same ownership or operational control as the suspended carrier or broker.
	A broker for transportation of household goods who makes an estimate of the cost of transporting any such goods before entering into an agreement with a motor carrier to provide transportation of household goods subject to FMCSA jurisdiction.	$15,445 for each violation.
	A person who provides transportation of household goods subject to jurisdiction under 49 U.S.C. chapter 135, subchapter I, or provides broker services for such transportation, without being registered under 49 U.S.C. chapter 139 to provide such transportation or services as a motor carrier or broker, as the case may be.	$38,612 for each violation.
	Beginning January 16, 2025: A surety company or financial institution for a broker or freight forwarder (pursuant to 387.307 or 387.403T) that violates 49 U.S.C. 13906(b) or (c) or 387.307.	$13,300 for each violation, and ineligibility to provide broker financial security for three years.

How exact fine amounts are determined. The maximum amounts of civil penalties that can be imposed for regulatory violations are set by federal statutes that authorize the Part 386 regulations.

The determination of the actual civil penalties assessed in each proceeding is based on the limits defined above and consideration of information available at the time the claim is made. This information includes the nature and gravity of the violation and, with respect to the violator, the degree of culpability, history of prior offenses, effect on ability to continue to do business, and “such other matters as justice and public safety may require.”

In judging the claims and notices under the administrative procedures, additional information may be developed regarding those factors that may affect the final amount of the claim.

When assessing penalties for violations of notices and orders or settling claims based on these assessments, consideration will be given to good faith efforts to achieve compliance with the terms of the notices and orders.

Roadside inspection fines and penalties. Fines and other penalties assessed as a result of a roadside inspection are based on state statutes. These fines can result from violations of a specific commercial motor vehicle violation (e.g. violating hours of service limits), or from violating a law that applies to drivers of any vehicle (defective brakes).

Each state is free to set its own penalty structure. As a result, the fine for the same basic violation can vary widely from state to state.

The Commercial Vehicle Safety Alliance (CVSA), in an effort to standardize the levels of fines, developed a recommended fine schedule that could be adopted by states and other jurisdictions, called the “Uniform Recommended Maximum Fine Schedule.” Only states that have chosen to adopt the fine schedule are following it.

...

Penalties (Fines)

Scope

Regulatory citations

Key definitions

Summary of requirements