What does 49 CFR 383.53 (Penalties) require?

Short answer

49 CFR 383.53 requires that any person who violates the rules set forth in subparts B and C of this part may be subject to civil or criminal penalties under 49 U.S.C. 521(b), as provided in part 386, Appendix B, of this chapter. Specific penalties are outlined for driver and employer violations of out-of-service orders and railroad-highway grade crossing violations.

The rule says

"Any person who violates the rules set forth in subparts B and C of this part may be subject to civil or criminal penalties under 49 U.S.C. 521(b), as provided in part 386, Appendix B, of this chapter." (49 CFR 383.53(a))

"A driver who is convicted of violating an out-of-service order shall be subject to a civil penalty as stated in part 386 Appendix B, in addition to disqualification under 383.51(e)." (49 CFR 383.53(b)(1))

"An employer who is convicted of a violation of 383.37(d) shall be subject to a civil penalty as stated in part 386, appendix B, of this chapter." (49 CFR 383.53(b)(2))

In plain English

This regulation means that drivers and employers can face significant penalties for violating certain rules, including those related to out-of-service orders and railroad-highway grade crossings. These penalties can include civil fines, as outlined in part 386, Appendix B, and may also result in disqualification or other consequences. It's essential for drivers and employers to understand and comply with these rules to avoid these penalties.

What to do

• Review the rules set forth in subparts B and C of 49 CFR part 383 to ensure compliance.
• Understand the specific penalties outlined for driver and employer violations of out-of-service orders and railroad-highway grade crossing violations.
• Ensure that all drivers and employees are aware of and comply with these rules to avoid penalties.
• Regularly review and update policies and procedures to ensure compliance with these regulations.