FMCSA - The Community Transportation Association of America

The Administrator of the FMCSA has discretion to impose a lower penalty, but there is no guarantee ofsuch mercy. “In determining the amount of such penalty, the Administrator or his/her designee shalltake into account the nature, circumstances, extent, the gravity of the violation committed and, withrespect to the person found to have committed such violation, the degree of culpability, any history ofprior offenses, ability to pay, effect on ability to continue to do business, and such other matters asjustice may require.” 49 C.F.R. § 387.41.For employer responsibilities regarding commercial drivers’ licenses the civil penalty minimum is $2,750,the maximum is $25,000. These may be imposed only after a conviction for a violation of §383.37(c).For a violation of operating authority, an out of service order may be imposed. Other criminal penaltiesfor fraud or perjury also apply.Each interstate operation must determine whether it is subject to the FMCSA’s jurisdiction and whetherit is required to comply all or some of the FMCSA regulations. These can be difficult legal questions andshould be answered in consultation with an attorney. The likelihood of penalties being imposed and theamount of a penalty for a violation cannot be calculated here.On the next page is a removable sheet that displays quick information about FMCSA jurisdiction andregulations.