What does 49 CFR 387.41 (Violation and penalty) require?

Short answer

49 CFR 387.41 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 the Administrator or his/her designee, by written notice.

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 387.41(a))

"In determining the amount of such penalty, the Administrator or his/her designee 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, the ability to pay, and any effect on ability to continue to do business, and such other matters as justice may require." (49 CFR 387.41(b))

In plain English

This regulation means that if someone intentionally breaks the rules, they can be fined. The fine amount is determined by the Administrator, considering factors like the severity of the violation, the person's history of violations, and their ability to pay. This rule is meant to hold people accountable for knowingly violating safety regulations. In practice, this means that motor carriers and their employees must be aware of the rules and take steps to comply, or risk facing penalties.

What to do

• Review the rules and regulations in 49 CFR 387 to understand what is required.
• Ensure that all employees are trained on the rules and regulations to prevent unintentional violations.
• Implement procedures to track and report violations, and to take corrective action to prevent future violations.
• Be prepared to respond to notices of violation and to work with the Administrator to determine the amount of any penalty.