What does 49 CFR 385.14 (Motor carriers, brokers, and freight forwarders delinquent in paying civil penalties: prohibition on transportation) require?

Short answer

49 CFR 385.14 requires that motor carriers, brokers, and freight forwarders who fail to pay civil penalties or abide by a payment plan may be prohibited from operating in interstate commerce.

The rule says

"A CMV owner or operator that has failed to pay civil penalties imposed by the FMCSA, or has failed to abide by a payment plan, may be prohibited from operating CMVs in interstate commerce under 49 CFR 386.83." (49 CFR 385.14(a))

"A broker, freight forwarder, or for-hire motor carrier that has failed to pay civil penalties imposed by the FMCSA, or has failed to abide by a payment plan, may be prohibited from operating in interstate commerce, and its registration may be suspended under the provisions of 49 CFR 386.84." (49 CFR 385.14(b))

In plain English

This rule is a serious enforcement tool: if a motor carrier, broker, or freight forwarder doesn't pay its fines or stick to a payment plan, FMCSA can shut down its operations. The prohibition or suspension typically starts 91 days after the payment is due. Carriers that keep operating despite a prohibition can face additional penalties, including loss of their operating authority.

What to do

• Review your company's payment history for any outstanding civil penalties.
• Ensure you have a payment plan in place if you're unable to pay a penalty in full.
• Verify that your operations are compliant with all FMCSA regulations to avoid additional penalties.
• Communicate with FMCSA if you're having trouble making payments to avoid a prohibition or suspension.