The cost of violating Federal Motor Carrier Safety Administration regulations will increase in 2024.
In a final rule that is scheduled to be published in the Federal Register on Thursday, Dec. 28, the FMCSA announced its new civil penalty amounts. New fine amounts also were announced for other U.S. Department of Transportation agencies.
Changes to fine amounts are made annually to account for inflation. The increase is based on the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires all federal agencies – not just the U.S. DOT – to adjust minimum and maximum civil penalty amounts for inflation “to preserve their deterrent impact.” The law requires annual adjustments of civil penalty amounts using a statutorily mandated formula.
The changes are based off guidance released earlier this month by the White House Office of Management and Budget. The latest adjustment is determined by multiplying the maximum or minimum penalty amount by the percent change between the October 2022 and October 2023 consumer price index for all urban consumers. In this case, the previous fine amounts were multiplied by 1.03241.
As an example, the fine for the known falsification of records will increase from $14,960 to $15,445.
However, the new fine amounts apply only to violations that take place after the rule becomes effective. The rule does not change previously assessed or enforced penalties that the U.S. DOT is actively collecting or has collected.
A full listing of new fine amounts for the FMCSA, as well as the Maritime Administration, Pipeline and Hazardous Materials Safety Administration, Federal Railroad Administration and National Highway Traffic Safety Administration, can be found here.
The new fine amounts will take effect as soon as the final rule is published in the Federal Register. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 specifically directs that the annual adjustment be accomplished through a final rule without needing to go through a comment period. LL
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