

[Federal Register: September 28, 2007 (Volume 72, Number 188)]
[Rules and Regulations]               
[Page 55100]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se07-23]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 386

 
Rules of Practice for Motor Carrier, Broker, Freight Forwarder, 
and Hazardous Materials Proceedings

CFR Correction

    In Title 49 of the Code of Federal Regulations, Parts 300 to 399, 
revised as of October 1, 2006, on page 276, in Appendix A to Part 386, 
reinstate Section IV to read as follows:

Appendix A to Part 386--Penalty Schedule; Violations of Notices and 
Orders

* * * * *

IV. Out-of-Service Order

    a. Violation--Operation of a commercial vehicle by a driver 
during the period the driver was placed out of service.
    Penalty--Up to $2,100 per violation.
(For purposes of this violation, the term ''driver`` means an 
operator of a commercial motor vehicle, including an independent 
contractor who, while in the course of operating a commercial motor 
vehicle, is employed or used by another person.)
    b. Violation--Requiring or permitting a driver to operate a 
commercial vehicle during the period the driver was placed out of 
service.
    Penalty--Up to $16,000 per violation.
(This violation applies to motor carriers, including an independent 
contractor who is not a ``driver,'' as defined under paragraph IVa 
above.)
    c. Violation--Operation of a commercial motor vehicle by a 
driver after the vehicle was placed out of service and before the 
required repairs are made.
    Penalty--$2,100 each time the vehicle is so operated.
(This violation applies to drivers as defined in IVa above.)
    d. Violation--Requiring or permitting the operation of a 
commercial motor vehicle placed out of service before the required 
repairs are made.
    Penalty--Up to $16,000 each time the vehicle is so operated 
after notice of the defect is received.
(This violation applies to motor carriers, including an independent 
owner-operator who is not a ``driver,'' as defined in IVa above.)
    e. Violation--Failure to return written certification of 
correction as required by the out-of-service order.
Penalty--Up to $650 per violation.
    f. Violation--Knowingly falsifies written certification of 
correction required by the out-of-service order.
    Penalty--Considered the same as the violations described in 
paragraphs IVc and IVd above, and subject to the same penalties.

    Note: Falsification of certification may also result in criminal 
prosecution under 18 U.S.C. 1001.

    g. Violation--Operating in violation of an order issued under 
Sec.  386.72(b) to cease all or part of the employer's commercial 
motor vehicle operations, i.e., failure to cease operations as 
ordered.
    Penalty--Up to $16,000 per day the operation continues after the 
effective date and time of the order to cease.
    h. Violation--Conducting operations during a period of 
suspension under Sec. Sec.  386.83 or 386.84 for failure to pay 
penalties.
    Penalty--Up to $11,000 for each day that operations are 
conducted during the suspension period.
[FR Doc. 07-55515 Filed 9-27-07; 8:45 am]

BILLING CODE 1505-01-D
