06/13/2024
An analysis of the most recent DOT enforcement data reveals the price that motor carriers are paying for failing to comply with federal safety regulations.
The following table shows the top 15 most-commonly-fined violations cited during FMCSA investigations and audits from 2020–2023, including the average penalty as well as the top penalty paid by any company in that four-year span.
NOTE: The list is based on all cited violations that resulted in a fine after an audit. Other common violations are not included if they did not result in a monetary penalty. For example, the most common violation found during audits is for violating state/local laws, cited under 49 CFR 392.2, but such violations do not result in as many post-audit fines as the violations shown below.
Variables at play
How does the FMCSA decide the amount of a fine? The maximum amount is set by law, but motor carriers rarely pay that much. To determine fines, the FMCSA uses a software program that takes the following factors into consideration:
What the specific violation was,
How “grave” or serious the violation was,
How culpable or blameworthy the motor carrier was,
Whether the motor carrier has a history of prior offenses,
The level of fine that would affect the motor carrier’s ability to continue to do business, and
“Such other matters as justice and public safety may require.”
In some cases, the FMCSA also looks at whether the motor carrier made a “good faith effort” to achieve compliance after the violations were uncovered. That’s why taking action in such situations can be vital.
What about roadside fines?
Fines and other penalties assessed as a result of a roadside inspection are based on state statutes. These statutes may apply to commercial vehicles specifically, such as fines for violating hours-of-service limits, or all drivers, such as fines for speeding or driving with defective brakes.
Each state is free to set its own penalty structure. As a result, the fine for the same basic violation can vary widely from state to state.
Key to remember: Violations of the Federal Motor Carrier Safety Regulations can be costly when discovered during a DOT audit or investigation. Be sure to make a good-faith effort to comply at all times, but especially when a violation is discovered.
