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DOT increases civil penalty amounts

Almost an eight percent increase applies to 68 FMCSR violations

Posted January 6, 2023

The Department of Transportation (DOT) has announced a 7.745 percent increase to civil penalties for all modes, including highway. The increase goes into effect on January 6, 2023, and is intended to maintain the financial motivation for DOT-regulated employers to abide by federal regulations.

The increases apply to 68 Federal Motor Carrier Safety Regulations (FMCSR) and Hazardous Materials Regulations (HMR) violations, including violations related to:

  • Out-of-service orders
  • Recordkeeping
  • Non-recordkeeping
  • Hazardous materials regulations
  • Commercial regulations
  • Operating authority requirement
  • Tariffs
  • Loading and unloading
  • Evasion of U. S. Codes
  • Reporting and recordkeeping

Examples of the new penalty amounts are included in the table below:


​Existing penalty

​New penalty

​Appendix A IV (h) Out-of-service order (operating in violation of order)



​Appendix B (a)(1) Recordkeeping — maximum total penalty



​Appendix B (a)(3) Non-recordkeeping violations



​Appendix B (b)(3) Special penalties pertaining to railroad-highway grade crossing violations



​Appendix B (d) Financial responsibility violations



​Appendix B (e)(4) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (compliance with FMCSRs)



For a full list of penalties that are affected by the increase, see 49 CFR 386 Appendices A and B.

This article was written by Jen Loomis of J. J. Keller & Associates, Inc.

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