Ask X3What does 49 CFR 386.82 (Civil penalties for violations of notices and orders) require?
Generated guidance. Confirm the source and its applicability before you act. How we check sources.
Based on 49 CFR 386.82, additional civil penalties can be charged if you violate specific notices and orders issued during civil forfeiture proceedings. These include:
* A notice to abate
* A notice to post
* A final order
* An out-of-service order
The penalty amounts follow a schedule found in Appendix A of the part, and these amounts are maximums. Officials have the discretion to set lower penalties in special circumstances.
To claim these penalties, the issue will go through civil forfeiture proceedings where the only decisions made are whether the violations actually occurred and what the appropriate penalty should be. These proceedings cannot be used to reopen a matter that has already received a final decision.