FMCSA announces new fine amounts

Fines for violations of Federal Motor Carrier Safety Administration regulations are increasing.

In a final rule that was published in the Federal Register on Jan. 6, the FMCSA announced the new civil penalty amounts.

The changes are part of an annual adjustment to account for inflation, which are required by law. Adjustments were also made to other agencies in the U.S. Department of Transportation.

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.

Based off guidance released by the White House Office of Management and Budget in December 2022, the latest adjustment is found by the department multiplying the maximum or minimum penalty amount by the percent change between the October 2022 consumer price index for all urban consumers and the same number for October 2021. In this case, the previous fine amounts were multiplied by 1.07745.

For instance, an alcohol prohibition violation (first offense), 49 CFR 392.5, increased from $3,471 to $3,740.

The new fine amounts are effective immediately.

A full listing of all the U.S. DOT fine increases for 2023, including the FMCSA’s increases, can be found here. LL