FMCSA - The Community Transportation Association of America

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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.
DO THE FMCSA REGULATIONS APPLY TO MY OPERATION?NOSMALL VEHICLES:DESIGNED FOR 8 OR LESS,SUCH AS TAXISSCHOOL TRANSPORTATION:TEACHERS OR STUDENTSTO OR FROM SCHOOLSMALL COMMUTER TRAVEL:15 PEOPLE OR LESSDAILY ROUNDTRIP COMMUTETO AND FROM WORKSOMETIMESFEDERAL GOVERNMENT, ASTATE, OR ANY POLITICALSUBDIVISION OF A STATECOMMERCIALZONE TRAVELVEHICLES DESIGNED FOR 9 TO 15WITHOUT DIRECT COMPENSATION(except that motor carriersoperating such vehicles arerequired to comply with §§ 390.15,390.19, and 390.21(a) and (b)(2))49 U.S.C. §§5307, 5310, 5311FUNDING(exception fromfederal insuranceminimums)YES16 +FOR‐PROFIT AND NON‐PROFIT TRANSPORTATION PROVIDERS THATCROSS STATE LINES(unless otherwise exempt)VECHICLES DESIGNED OR USEDFOR 9 ‐ 15FOR COMPENSATION(unless otherwise exempt)WHAT DOES COMPLIANCE MEAN?• FEDERAL INSURANCE MINIMUMS• DESIGNATION OF PROCESS AGENT• REGISTRATION FORMS• FEE• REQUEST FOR FEE REDUCTION OR WAIVER(submitted with registration forms)PENALTIES FOR VIOLATION OF FMCSA REGULATIONSFINANCIAL RESPONSIBILITY REQUIREMENTS – MAXIMUM PENALTY: $11,000 PER DAY PER VIOLATIONEMPLOYER RESPONSIBILITIES REGARDING COMMERCIAL DRIVERS’ LICENSES – CIVIL PENALTY MINIMUM$2,750, MAXIMUM $25,000 – ONLY AFTER A CONVICTION FOR A VIOLATION OF §383.37(c)VIOLATION OF OPERATING AUTHORITY – OUT OF SERVICE ORDERCRIMINAL PENALTIES FOR FRAUD OR PERJURYOTHER CIVIL AND CRIMINAL PENALTIES
Page 1 and 2: Figuring Out the Federal Motor Carr
Page 3 and 4: (C) is designed or used to transpor
Page 5: Other exemptions in 49 U.S.C. § 13
Page 9: For purposes of fee waivers, the te
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Page 15 and 16: Texhoma, Texas-Okla.Union City, Ind

FMCSA - The Community Transportation Association of America

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