Ask X3What does 49 CFR 107.310 (Ticketing) require?
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Under 49 CFR 107.310, the Associate Administrator may issue a ticket for an alleged violation that does not have a direct or substantial impact on safety by mailing it via certified or registered mail to the person alleged to have committed the violation.
The ticket must include:
1. A statement of the facts supporting the conclusion that the violation was committed.
2. The maximum statutory penalty, the proposed full penalty (determined by PHMSA's guidelines and statutory criteria), and the specific ticket penalty amount.
3. A statement informing you that within 45 days of receiving the ticket, you must take one of three actions:
- Pay the penalty amount (following the instructions provided on the ticket).
- Make an informal response.
- Request a formal administrative hearing.
Practical note for motor-carrier owners: If you do not pay the ticket, submit an informal response, or request a hearing within 45 days of receiving it, you will automatically waive your right to a hearing or informal response, be considered to have admitted the violation, and still owe the ticket penalty amount to PHMSA.