Section 18-1408. FINES


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  • The infractions and their respective fine amounts set forth in this section are in addition to applicable infractions and related fine levels contained in Chapter 26, 18 DCMR, but do not include those major moving violations for which jurisdiction remains in the Superior Court.

     

    1408.2Out-of-Service Violations - Drivers

     

    The following fines shall apply to failure to comply with 49 CFR Parts 383, 391, 392, and 395; and Part 1 of Appendix A of the North American Uniform Out-Of-Service Criteria.

     

    (a)Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

     

    GROUP I VIOLATIONS

    FINE

    1st Violation

    $ 500.00

    2nd Violation

    $ 1,000.00

    3rd or subsequent Violation

    $ 1,500.00

     

    Disqualified Driver

     

    Drugs - Under the Influence

     

    Drugs Possession

     

    Intoxicants - Under the Influence

     

    Intoxicants - Consumption

     

    Intoxicants - Possession of Open Container

     

    Intoxicants - Detectable Presence

     

    (b)Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

     

    GROUP II VIOLATIONS

    FINE

    1st Violation

    $ 100.00

    2nd Violation

    $ 200.00

    3rd or subsequent Violation

    $ 300.00

    Intentional Falsification of Record of Duty Status

    $ 300.00

     

    Impaired Driver (Sick or Fatigued)

     

    10 Hour Driving Violation

     

    Driving After 15 Hours On-Duty

     

    Driving After 60/70 Hours

     

    No Record of Duty Status

     

    No Record of Duty Status (Previous Seven Days)

     

    All other hours of service violations

     

    (c)Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

     

    GROUP III VIOLATIONS

    FINE

    1st Violation

    $ 100.00

    2nd Violation

    $ 125.00

    3rd or subsequent Violation

    $ 150.00

     

    Driver Under 21 (18 Canada)

     

    No Operators License (non-CDL)

     

    CDL Violations (Learner Endorsement/Restrictions, Class)

     

    License - Improper Class/Endorsement

     

    No Waiver of Physical Disqualification When Required

     

    Intoxicants - Possession of Unopened Container in Cab

     

    1408.3Out-of-Service Violations - Vehicles

     

    The following fines shall apply to failure to comply with 49 CFR Parts 393 and 396, and Part II of Appendix A of the North American Uniform Out-Of-Service Criteria.

     

    (a)Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

     

    GROUP I VIOLATIONS

    FINE

    1st Violation

    $ 100.00

    2nd Violation

    $ 300.00

    3rd or subsequent Violation

    $ 600.00

     

    Air Compressor Loose or Broken Pulley or Mounting

     

    Air Loss Rate

     

    Breakaway Braking Device

     

    Cracked or Broken Brake Drum or Rotor

     

    Defective Braking Action

     

    Electric Brakes (including Breakaway Device)

     

    Missing or Broken Brake Component

     

    Tractor Protection Valve

     

    Hydraulic Brakes (No Pedal Reserve)

     

    Vacuum System Reserve

     

    Coupling Devices, All (When in Use)

     

    Frame Cracked, Broken, Displaced

     

    Tire and Wheel Clearance

     

    Safe Loading

     

    Steering Mechanism

     

    Tires

     

    Steering Axle

     

    Emergency Exits (Buses)

     

    (b)Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

     

    GROUP II VIOLATIONS

    FINE

    1st Violation

    $ 100.00

    2nd Violation

    $ 150.00

    3rd or subsequent Violation

    $ 250.00

     

    Air Reservoir Security

     

    Air Compressor Mounting Bolts

     

    Power Assist Unit (Fails to Operate)

     

    Hydraulic Brake Hose Leaks (On Application)

     

    Hydraulic System Failure Warning System

     

    Vacuum Hoses or Lines

     

    Brake Loose Component

     

    Brake Readjustment Limits

     

    Brake Linings or Pads

     

    Brake Mismatch (Steering)

     

    Parking Brakes (Inoperable Breakaway System)

     

    Brake Hose/Tubing

     

    Low Pressure Warning Device

     

    Adjustable Axle (Pins and Locks)

     

    Fuel Tank Mounting

     

    Head and Tail Lamps

     

    Turn and Stop Lamps

     

    Suspension

     

    Wheel and Rims

     

    Van and Open Top Trailers

     

    (c)Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

     

    GROUP III VIOLATIONS

    FINE

    1st Violation

    $ 100.00

    2nd Violation

    $ 200.00

    3rd or subsequent Violation

    $ 300.00

     

    Master Cylinder (Less than 1/4 Full)

     

    Exhaust System (All)

     

    Audible Air Leak at Brake Chamber

     

    Fuel System Leaking, Loose Cap

     

    Tires Steering Axle (All Others)

     

    Windshield Wipers

     

    1408.4Out-of-Service Violation - Hazardous Materials

     

    The following fines shall apply to failure to comply with 49 CFR Parts 171-180, and 397, and Part III of Appendix A of the North American Uniform Out-Of-Service Criteria.

     

    (a)Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

     

    GROUP I VIOLATIONS

    FINE

    1st Violation

    $ 250.00

    2nd Violation

    $ 500.00

    3rd or subsequent Violation

    $ 1,000.00

     

    Placarding/Present When Required

     

    Bulk Packages

     

    Poison Inhalation Hazard Markings/Non-Bulk Packaging

     

    Poison Inhalation Hazard Markings/Bulk Packaging

     

    Non-Bulk Packaging

     

    Loading and Securement

     

    Forbidden Items

     

    Radioactive Materials Levels (At surface)

     

    (b)Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

     

    GROUP II VIOLATIONS

    FINE

    Any Violation

    $ 100.00

     

    Placarding/Number and Type

     

    (c)Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

     

    GROUP III VIOLATIONS

    FINE

    1st Violation

    $ 100.00

    2nd Violation

    $ 125.00

    3rd or subsequent Violation

    $ 150.00

     

    Shipping Papers - General

     

    Bulk Package Markings

     

    1408.5Other Than Out-Of-Service Violations

     

    (a)Other than Out-of-Service violations shall include those violations of regulations contained in 49 CFR, Parts 171-180, 383, 387 and 390-397, which do not meet the Out-Of-Service Criteria prescribed under the North American Uniform Out-of-Service Criteria.

     

    (b)The following fine shall apply to other than Out-Of-Service Violations. Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

     

    VIOLATION

    FINE

    1 or more Violation Imposed

     

    During Any One Inspection

    $ 100.00

     

    1408.6A driver who is convicted or found liable by an authorized administrative tribunal of violating an out-of-service order shall be subject to a civil penalty of not less than two thousand and five hundred dollars ($2,500) for a first conviction and not less than five thousand dollars ($5,000) for a second or subsequent conviction, in addition to disqualification.

     

    1408.7An employer who is convicted of or found liable by an authorized administrative tribunal of knowingly allowing, requiring, permitting, or authorizing a driver to operate a commercial motor vehicle during a period in which the driver or the commercial motor vehicle is subject to an out-of-service order shall be subject to a civil penalty of not less than two thousand seven hundred and fifty dollars ($2,750) nor more than twenty-five thousand dollars ($25,000). 

     

    1408.8An employer who is convicted of or found liable by an authorized administrative tribunal of knowingly allowing, requiring, permitting, or authorizing a driver to operate a commercial motor vehicle in violation of a federal, State, or District law or regulation pertaining to railroad-highway grade crossings shall be subject to a civil penalty of not more than ten thousand dollars ($10,000). 

     

authority

The Chief of Police of the Metropolitan Police Department, pursuant to authority set forth in the District of Columbia Hazardous Materials Transportation and Motor Carrier Safety Act of 1988, effective March 16, 1989, D.C. Law 7-190; D.C. Code § 8-1401, et seq. (2001), as amended by the Traffic Adjudication and Motor Carrier Safety Amendment Act of 1992, effective October 1, 1992, D.C. Law 9-271, and Mayor's Order 1989-169, dated July 25, 1989.

source

Final Rulemaking published at 47 DCR 8861 (November 3, 2000); as amended by Notice of Final Rulemaking published at 57 DCR 10917 (November 19, 2010).

EditorNote

Formerly entitled, "Fines for Violation of Chapter 14."