In the ever-evolving trucking industry, staying compliant with regulations is not just a legal obligation but a crucial aspect of business operations. The Federal Motor Carrier Safety Administration (FMCSA) has recently updated its fines and penalties, reflecting the latest adjustments effective December 28, 2023. This increase, although seemingly minor at a multiple of 1.03241, adds to the growing list of trucking companies' expenses, including insurance premiums, CDL speeding tickets, and accident-related costs.
Key FMCSA Fines and Penalties for 2024
The FMCSA's civil penalties have been updated and are detailed in appendices A and B to 49 CFR part 386. Some of the most common violations and their respective fines for 2024 include:
- Requiring or permitting operation of a commercial motor vehicle (CMV) by a driver under an out-of-service order increased from $22,324 to $23,048.
- Operation by a driver of a CMV or intermodal equipment that was placed out of service, increased from $2,232 to $2,304.
- Failure to return written certification of correction, increased from $1,116 to $1,152.
- The penalty for failing to cease operations as ordered increased from $32,208 to $33,252
- Conducting operations during suspension or revocation for failure to pay penalties increased from $18,170 to $18,759.
- Employer violations for knowingly allowing or authorizing employee violations of out-of-service orders increased from $37,400 to $38,612.
- Recordkeeping violations increased from $1,496 to a maximum daily penalty of $1,544, and a maximum total penalty of $15,445, up from $14,960.
- The penalty for knowing falsification of records increased from $14,960 to $15,445.
- Commercial driver's license (CDL) violations increased from $6,755 to $6,974.
These increases highlight the critical need for strict adherence to FMCSA regulations to avoid substantial financial repercussions.
Preparing for DOT Audits: A Proactive Approach
The FMCSA's enforcement tactics have evolved significantly, with a marked increase in unannounced offsite audits. Technological advancements now allow enforcement officers to conduct audits more swiftly and efficiently. Between 2019 and 2020, offsite audits surged by 400%, with businesses sometimes given only 48 hours to submit all driver records digitally. This shift means that companies must be perpetually prepared for compliance evaluations. Trucking companies need to proactively take control of their DOT compliance to avoid hefty fines and penalties. This involves:
- Regular Maintenance: Ensuring all commercial vehicles undergo regular maintenance to avoid out-of-service orders.
- Accurate Recordkeeping: Keeping meticulous and up-to-date records of driver qualifications, drug and alcohol testing programs, and FMCSA Clearinghouse compliance.
- Internal Audits: Conducting internal audits to identify and rectify potential compliance issues before an official DOT audit occurs.
How Can DISA Help?
The recent increase in FMCSA fines and penalties is a stark reminder of the importance of staying compliant with federal regulations. Navigating the complexities of FMCSA regulations can be daunting. The trucking industry faces numerous challenges, and compliance is critical to mitigating risks and avoiding financial penalties. DISA Global Solutions can provide valuable insights, helping trucking companies ensure that they remain compliant and operate smoothly in an increasingly regulated environment. Our advanced technology and compliance services can help you manage driver qualification files, maintain drug and alcohol testing records, and ensure adherence to FMCSA Clearinghouse requirements, thereby reducing the risk of recordkeeping violations.
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About DISA Global Solutions
Founded in 1986, DISA is the industry-leading provider of employee screening and compliance services. Headquartered in Houston, with more than 35 offices throughout North America and Europe, DISA’s comprehensive scope of services includes drug and alcohol testing, background screening, occupational health, and transportation compliance. DISA assists employers in making informed staffing decisions while building a culture of safety in their workplace.