FMCSA to Speed Up Maximum Penalties for Repeat Violators of Critical Regulations
This story appears in the April 13 print edition of Transport Topics.
The Federal Motor Carrier Safety Administration said it will begin assessing repeat violators of the most critical regulations the maximum allowable fines more quickly, under a new policy announced late last month.
FMCSA said that under the policy, “maximum penalties will be applied in cases where an acute violation is discovered during an investigation within six years of a previously closed case” involving a violation of the same regulation.
The agency previously defined a pattern of violations as three incidents within a six-year period.
“The three cases — also known as ‘three strikes’ — consist of two cases that have been closed . . . followed by a third case,” the agency said in a Federal Register notice.
Besides moving to a two-strike policy, FMCSA also is altering what qualifies as a pattern of violations. It now includes violations discovered during a new entrant’s safety audit, a compliance review or other documented interactions, rather than just a full federal investigation.
FMCSA spokesman Duane DeBruyne said the fines in question can be severe.
“For violations of hazardous materials regulations, the civil penalties can be a maximum of $50,000 for each violation,” he said, adding that if the violation causes “death, serious illness or severe injury, the civil penalty can be $105,000 for each offense.”
Other regulations that could result in maximum fines more quickly include:
• Willfully violating an out-of-service order — up to $2,100 forthe driver and $16,000 per carrier.
• Falsifying a certification order to evade an out-of-service order — $16,000 fine.
• Failing to maintain proper records — $1,000-a-day fine, up to $10,000.
• Falsifying records — $11,000 fine.
• Failing to maintain proper levels of financial responsibility — up to $16,000.
Dave Osiecki, vice president of safety, security and operations for American Trucking Associations, told Transport Topics the move was both expected and welcomed.
“From our standpoint, this was not unexpected and something that we generally support,” he said. “We think it is generally a good thing to target the bad actors and apply the maximum fines when appropriate.”
In 2007, the Government Accountability Office, at the behest of Rep. James Oberstar (D-Minn.), said while FMCSA does a good job of targeting carriers that pose a safety risk, it seldom issues the maximum fine to flagrant violators.
