FMCSA clarifies penalty assessments
The Federal Motor Carrier Safety Administration (FMCSA) has issued a notice of clarification concerning Section 222 of the Motor Carrier Safety Improvement Act, which requires that maximum penalties be issued when three violations have been committed within the past six years. Section 222 went into effect on September 8, 2000.
The clarification was published in the Federal Register on December 28 [Docket No. FMCSA-2004-19882].
The December 28 notice states that “the agency will not use enforcement cases closed before September 8, 2000” in determining whether or not to issue a maximum penalty.
Notification procedures are also explained, as well as circumstances that may result in a reduced penalty.