What does 49 CFR 387.17 (Violation and penalty) require?

Short answer

49 CFR 387.17 requires any person who knowingly violates the rules of this subpart to be liable to the United States for a civil penalty as stated in part 386, appendix B, of this chapter. The amount of the penalty is assessed by FMCSA's Administrator, taking into account factors such as the nature and gravity of the violation, and the person's degree of culpability and ability to pay.

The rule says

"Any person (except an employee who acts without knowledge) who knowingly violates the rules of this subpart shall be liable to the United States for a civil penalty as stated in part 386, appendix B, of this chapter, and if any such violation is a continuing one, each day of violation will constitute a separate offense." (49 CFR 387.17)

"In determining the amount of such penalty, the Administrator, or his/her authorized delegate shall take into account the nature, circumstances, extent, the gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior violations, ability to pay, and any effect on ability to continue to do business, and such other matters as justice may require." (49 CFR 387.17)

In plain English

This rule means that if someone intentionally breaks the rules in this subpart, they can be fined. The fine amount is determined by FMCSA, considering factors like how bad the violation was and whether the person has broken the rules before. The goal is to make the penalty fair and take into account the person's ability to pay.

What to do

• Review the rules in this subpart to understand what is required.
• Ensure that all employees are trained on the rules and regulations to prevent unintentional violations.
• Establish procedures to detect and prevent violations, and to report any violations that do occur.
• Keep records of compliance and be prepared to demonstrate compliance in case of an audit or investigation.