Determining DOT Civil Penalties
September 25, 2014 by Eric Schmitz
Posted in: Environmental Health and Safety
Tags: audits, compliance, dot compliance, , dot penalties, safety, safety compliance programs
To prepare yourself against Department of Transportation (DOT) violations, it is not only important to understand how to stay in compliance, but also to understand how a DOT investigator weighs and determines citations.
Once a DOT investigator has been called to your facility or drops by for an uninspected citation, the investigator will take the following into account:
- The nature of the violation.
- The circumstances surrounding a violation.
- The degree of guilt of both the individuals and the facility involved.
- Previous violations of both the individuals and the facility involved.
- The financial capability of both the individuals and the facility involved to pay the violation.
- The ability of the facility to continue to operate after the violation is paid.
- Other matters that may affect whether justice is served.
If a citation is issued, 49 CFR 107.329 establishes the following in regards to violation amounts:
- $75,000 is the maximum civil penalty for most violations.
- $175,000 is the maximum civil penalty for violations resulting in death, serious illness to any person, severe injury to any person, and substantial destruction of property.
- There is only a minimum penalty in regards to the $450 penalty for training related violations.
- Each day of the violation constitutes a separate offense.
Do you have questions about a citation you received? Are you considering DOT hazmat training courses? Safety, health and environmental compliance programs? Do you need a facility auditor to see where your dealership, service center or vehicle repair center stands in compliance?
Contact your Risk Management Consultant or email [email protected].