FMCSA expands its “Maximum Fine” policy
Posted on April 1, 2009
Filed Under HORROR STORIES, IN THE NEWS
Effective, today, April 1, 2009, FMCSA has expanded the instances in which it will assess the statutory maximum penalties for violations it discovers. Presently, the policy is, if they fine you for the same violation 3 times in a 6 year period, the 3rd penalty will be for the maximum. Just to give you an idea of what we’re dealing with here, the statutory maximum for not doing a drug test or violating the 14 hour rule is, I believe, $11,000 per violation. So, you can see, we can quickly get up into fines of $300,000 – 600,000.
Now, FMCSA is saying they will apply these outrageous penalties in even more situations. If you get six or more critical violations in an audit, they’re throwing the book at you with maximum penalties. Without making this post 5 pages long, let’s break this down. One, they have to have had a previous contact with you. That means it could have been a New Entrant audit. That’s the thing you have to go through when you first get your DOT number. After that, they audit you. Let’s say, you’re missing medicals (one critical). And you haven’t done any MVR checks (two criticals). You haven’t done any pre-employment drug tests (three criticals). You’re missing random drug tests (four criticals). You have false logs (five criticals). And you’re missing logs, too (six criticals). Then they would assess the maximum penalty, which would probably be over $200,000.
After I think about it, the chances of this new expanded policy being used are very slim. You would really, really have to be doing absolutely nothing to get this type of fine levied against you. Usually, a motor carrier is doing SOMETHING, although not necessarily everything. You would have to be making absolutely no effort at all to comply with the rules. Oh well, forewarned is forearmed. You can read the official Federal Register policy here.
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2 Responses to “FMCSA expands its “Maximum Fine” policy”
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I’m in big trouble only have one truck lease on 2 more. They have 18 critials mostly hours of service on me. Is there any help for me or do I just take what the fine is
Hell, Robert we’re all in trouble. The bastards in DC are about to wreck the best healthcare system in the world. I estimate this will cause me to die 10 years before my time.
As for your issue, sure there’s help, I’m pretty good at handling these DOT penalties. Call me at (610) 582-4356, and I’ll see what I can do.