DOT Rule Allows Out-of-Service Orders for Nonpayment of Civil Penalties

Effective Sept. 8, fuel retailers who transport fuel in a commercial motor vehicle can be ordered to cease transportation operations for failure to pay civil penalties relating to violations of the Hazardous Materials Rules (HMR) or the Federal Motor Carrier Safety Regulations (FMCSR).
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Effective Sept. 8, fuel retailers who transport fuel in a commercial motor vehicle can be ordered to cease transportation operations for failure to pay civil penalties relating to violations of the Hazardous Materials Rules (HMR) or the Federal Motor Carrier Safety Regulations (FMCSR).

The new rule issued by the Department of Transportation marks the first time late or unmet payments have been punishable by out-of-service orders and applies to both intra and interstate transport.

Actions subject to the new rule include violations of the FMCSR set forth in a Notice of Claim issued by the Federal Motor Carrier Safety Administration parts 390 through 397 and Violations of the HMR set forth in a Notice of Probable Violation issued by the Pipeline and Hazardous Materials Safety Administration parts 100 through 187.

Violations issued in the form of a ticket are not covered under the rule. To access the final rule, click here

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