FMCSA Penalties — Quick Reference
FMCSA penalties range from $100 for minor logbook errors up to $50,000+ for hazmat or pattern-of-violation cases. Common ELD/HOS violations average $1,000–$3,000. Most penalties also trigger CSA score increases. Pay penalties via FMCSA's portal; chronic violations can result in operating authority suspension or revocation.
FMCSA Penalty Categories Explained
Drug and Alcohol Violations
Drug and alcohol violations under 49 CFR Part 382 carry some of the heaviest penalties in FMCSA's enforcement arsenal. A carrier that allows a driver with a known positive drug test result to operate faces fines up to $16,000 per violation. Failure to use the FMCSA Drug and Alcohol Clearinghouse for pre-employment queries costs up to $5,833 per query missed. A driver who operates with a BAC of 0.04% or higher is automatically placed out of service and the carrier faces an automatic audit-failure finding. Repeat drug and alcohol violations within a 12-month period can trigger a Notice to Appear and a full compliance review.
MCS-150 Biennial Update Failure
Every carrier with a USDOT number must update its MCS-150 (Motor Carrier Identification Report) every two years. Missing the deadline results in automatic USDOT number deactivation — once deactivated, any vehicle operating under that number is technically operating without authority, which is a federal violation carrying fines up to $16,000 for operating without registration. Carriers are also required to update the MCS-150 within 30 days of any change to the information on file. Many new carriers overlook this requirement; a compliance calendar reminder is the easiest prevention. Filing is free and takes under 10 minutes at the FMCSA portal.
BMC-91 Insurance Lapse
The BMC-91 (or BMC-91X for freight brokers) is the insurance filing that proves a carrier meets FMCSA minimum liability coverage: $750,000 for general freight, $1,000,000 for hazmat, and $300,000 for vehicles under 10,001 lbs carrying non-hazmat. When an insurer cancels or lapses a policy, FMCSA receives automatic notice and the carrier's operating authority is revoked within 35 days unless a replacement filing is submitted. Operating during a lapse exposes the carrier to fines exceeding $16,000 per day plus civil liability for any accidents. Reinstating revoked authority requires re-filing and, in many cases, a new FMCSA safety review.
Hazmat Violations
Carriers transporting hazardous materials face a separate penalty schedule under the Hazardous Materials Regulations (HMR). Civil penalties for HMR violations range from $484 to $84,425 per violation per day, with the maximum penalty doubled for violations that result in death, serious injury, or substantial property destruction. Common HMR violations include improper placarding, missing shipping papers, inadequate driver training, and failure to register as a hazmat carrier. All hazmat carriers must register annually with FMCSA's Hazardous Materials Safety Permits program if transporting certain high-consequence materials.
How the CSA Score Works
The Compliance, Safety, Accountability (CSA) program scores carriers across seven Behavioral Analysis and Safety Improvement Categories (BASICs): Unsafe Driving, Hours-of-Service Compliance, Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance, Hazardous Materials Compliance, and Crash Indicator. Each violation discovered during a roadside inspection or crash report is assigned a severity weight (1–10) and a time weight that decays over 24 months. Severity 10 violations — such as operating a vehicle with brakes out of service — carry the highest impact.
FMCSA compares each carrier's BASIC percentile against similarly-sized carriers. Percentiles above the intervention threshold (70–90 depending on the BASIC) flag the carrier for a warning letter, targeted inspections, or a full compliance review. A compliance review can result in a Conditional or Unsatisfactory safety rating. An Unsatisfactory rating triggers automatic authority revocation 45 days after issuance unless successfully contested or the carrier remedies deficiencies.
The best way to keep CSA scores healthy is to prevent violations at the source: solid driver qualification files, a functioning vehicle maintenance program, and accurate ELD data. Pre-trip and post-trip inspections, documented and filed, reduce Vehicle Maintenance BASIC exposure significantly.
How to Appeal an FMCSA Penalty
When FMCSA issues a Notice of Claim (civil penalty), the carrier has 15 days to respond. Options include: paying the penalty in full, submitting a petition to reduce the penalty (with supporting evidence), or requesting a formal hearing before an Administrative Law Judge. Ignoring the Notice of Claim results in a default order, which can be used to seek a federal court judgment and place a lien on carrier assets.
Mitigation factors FMCSA considers in penalty reduction requests include: good-faith efforts to achieve compliance, small carrier size, absence of prior violations, corrective action already taken, and inability to pay (verified by financial documentation). Carriers with strong safety management controls — written policies, driver training logs, periodic audits — demonstrate good faith and typically receive larger reductions.
For DataQ challenges (disputing specific violation data in the FMCSA SMS system), carriers submit a challenge through the DataQs portal. If a roadside inspection report contains errors — wrong regulation cited, incorrect vehicle unit, or violation recorded against the wrong carrier — a successful DataQ removes the data point from the CSA score. DataQ challenges do not affect the civil penalty itself; they address only the SMS data record.
Frequently Asked Questions — FMCSA Penalties
How much is a typical HOS or ELD fine?
Minor ELD/RODS violations (e.g., incomplete logs, missing driver annotation) typically run $1,000–$2,750 per violation. Exceeding the 11-hour driving limit can reach $11,000. Falsifying records of duty status can hit $16,000. Penalties are assessed per violation, not per citation — a single inspection finding three separate violations generates three separate penalty calculations.
Will a penalty automatically increase my CSA score?
Not directly — CSA scores are driven by roadside inspection data and crash reports, not by civil penalty payments. However, the violations that trigger a penalty are usually discovered during inspections, which do feed the CSA system. Paying a penalty resolves the financial obligation; it does not remove the underlying violation from the SMS record. Only a successful DataQ challenge or FMCSA data correction can remove an inspection violation from CSA.
How do I pay an FMCSA penalty?
Civil penalties are paid through the FMCSA penalty payment portal (pay.gov integration). FMCSA will reference the case number from your Notice of Claim. Carriers may also pay by check made payable to "Federal Motor Carrier Safety Administration." Electronic payment is recommended for a clear paper trail. Penalties not paid or contested within the 15-day window escalate to a final order, after which the amount cannot be reduced through normal petition processes.
Can FMCSA revoke my operating authority for violations?
Yes. Operating authority can be revoked for: an Unsatisfactory safety rating (45-day notice), BMC-91 insurance lapse (35-day notice), failure to pay a final penalty order, and imminent hazard orders (immediate, no prior notice). Carriers under imminent hazard orders have their operations shut down on the spot. Reinstatement requires correcting the underlying deficiency and submitting an application — a process that can take weeks and requires re-passing an FMCSA safety review.
33
Violations
15
Auto-Fail
$99K
Max Penalty
33 violations
| Violation | Regulation | Min | Max | Per Day | Auto-Fail | Notes |
|---|---|---|---|---|---|---|
| No drug testing program | 49 CFR 382 | $1,000 | $16,000 | PER DAY | AUTO-FAIL | Per violation per day |
| No random drug testing program | 49 CFR 382 | $1,000 | $16,000 | PER DAY | AUTO-FAIL | Per violation per day |
| No alcohol testing program | 49 CFR 382 | $1,000 | $16,000 | PER DAY | AUTO-FAIL | Per violation per day |
| No random alcohol testing program | 49 CFR 382 | $1,000 | $16,000 | PER DAY | AUTO-FAIL | Must maintain 10% random alcohol testing rate |
| Using driver who tested positive | 49 CFR 382 | $1,000 | $16,000 | PER DAY | AUTO-FAIL | |
| Using driver who refused test | 49 CFR 382 | $1,000 | $16,000 | PER DAY | AUTO-FAIL | |
| Using driver with BAC 0.04+ | 49 CFR 382 | $1,000 | $16,000 | PER DAY | AUTO-FAIL | |
| Clearinghouse query failure | 49 CFR 382.701 | $1,000 | $15,419 | — | — | Per driver per missed query |
| Using driver without valid CDL | 49 CFR 383/391 | $1,000 | $16,000 | PER DAY | AUTO-FAIL | |
| Using disqualified driver | 49 CFR 383 | $1,000 | $16,000 | PER DAY | AUTO-FAIL | |
| Using driver with suspended/revoked CDL | 49 CFR 383 | $1,000 | $16,000 | PER DAY | AUTO-FAIL | |
| Using medically unqualified driver | 49 CFR 391 | $1,000 | $16,000 | PER DAY | AUTO-FAIL | No valid medical certificate |
| Incomplete DQ file | 49 CFR 391.51 | $1,000 | $16,000 | — | — | Per driver per missing element |
| Missing annual MVR | 49 CFR 391.25 | $1,000 | $16,000 | — | — | Per driver |
| Missing previous employer inquiries | 49 CFR 391.23 | $1,000 | $8,800 | — | — | Per driver |
| HOS violations (carrier) | 49 CFR 395 | $1,000 | $16,000 | PER DAY | — | Knowingly allowing violations |
| HOS violations (driver) | 49 CFR 395 | $1,000 | $2,750 | — | — | Per violation |
| Failing to require RODS (51%+ missing) | 49 CFR 395 | $1,000 | $16,000 | PER DAY | AUTO-FAIL | |
| No ELD when required | 49 CFR 395 | $0 | $2,750 | — | — | Driver placed OOS for 1 day (first offense) |
| DVIR falsification | 49 CFR 396.11 | $1,000 | $12,700 | — | — | Per incident |
| Operating vehicle without annual inspection | 49 CFR 396.17 | $1,000 | $16,000 | — | — | Vehicle OOS at roadside |
| No systematic maintenance program | 49 CFR 396.3 | $1,000 | $16,000 | — | AUTO-FAIL | Affects Vehicle Maintenance BASIC |
| Operating OOS vehicle before repairs | 49 CFR 396 | $1,000 | $16,000 | PER DAY | AUTO-FAIL | |
| Operating without insurance | 49 CFR 387 | $1,000 | $16,000 | PER DAY | AUTO-FAIL | Authority suspended within 30 days of lapse |
| Operating without authority | 49 USC 14101 | $10,000 | $25,000 | PER DAY | — | Can include criminal penalties |
| Operating with deactivated USDOT | 49 CFR 390.19 | $1,000 | $16,000 | PER DAY | — | MCS-150 not updated |
| MCS-150 not updated | 49 CFR 390.19 | $100 | $1,000 | PER DAY | — | Up to $10,000 max; USDOT deactivation |
| Recordkeeping violations | 49 CFR 390 | $100 | $1,584 | PER DAY | — | |
| Unreported accident | 49 CFR 390.15 | $1,000 | $10,000 | — | — | Plus insurance implications |
| Operating after OOS order | 49 CFR 386 | $25,000 | $99,039 | — | — | Imminent hazard violation |
| Texting while driving CMV | 49 CFR 392.80 | $2,750 | $2,750 | — | — | Driver penalty; carrier: up to $11,000 |
| Using handheld phone while driving | 49 CFR 392.82 | $2,750 | $2,750 | — | — | Driver penalty; carrier: up to $11,000 |
| Coercion violation | 49 CFR 390.6 | $1,000 | $16,000 | — | — | Forcing driver to violate HOS or other safety regulations |
No drug testing program
49 CFR 382
Per violation per day
No random drug testing program
49 CFR 382
Per violation per day
No alcohol testing program
49 CFR 382
Per violation per day
No random alcohol testing program
49 CFR 382
Must maintain 10% random alcohol testing rate
Using driver who tested positive
49 CFR 382
Using driver who refused test
49 CFR 382
Using driver with BAC 0.04+
49 CFR 382
Clearinghouse query failure
49 CFR 382.701
Per driver per missed query
Using driver without valid CDL
49 CFR 383/391
Using disqualified driver
49 CFR 383
Using driver with suspended/revoked CDL
49 CFR 383
Using medically unqualified driver
49 CFR 391
No valid medical certificate
Incomplete DQ file
49 CFR 391.51
Per driver per missing element
Missing annual MVR
49 CFR 391.25
Per driver
Missing previous employer inquiries
49 CFR 391.23
Per driver
HOS violations (carrier)
49 CFR 395
Knowingly allowing violations
HOS violations (driver)
49 CFR 395
Per violation
Failing to require RODS (51%+ missing)
49 CFR 395
No ELD when required
49 CFR 395
Driver placed OOS for 1 day (first offense)
DVIR falsification
49 CFR 396.11
Per incident
Operating vehicle without annual inspection
49 CFR 396.17
Vehicle OOS at roadside
No systematic maintenance program
49 CFR 396.3
Affects Vehicle Maintenance BASIC
Operating OOS vehicle before repairs
49 CFR 396
Operating without insurance
49 CFR 387
Authority suspended within 30 days of lapse
Operating without authority
49 USC 14101
Can include criminal penalties
Operating with deactivated USDOT
49 CFR 390.19
MCS-150 not updated
MCS-150 not updated
49 CFR 390.19
Up to $10,000 max; USDOT deactivation
Recordkeeping violations
49 CFR 390
Unreported accident
49 CFR 390.15
Plus insurance implications
Operating after OOS order
49 CFR 386
Imminent hazard violation
Texting while driving CMV
49 CFR 392.80
Driver penalty; carrier: up to $11,000
Using handheld phone while driving
49 CFR 392.82
Driver penalty; carrier: up to $11,000
Coercion violation
49 CFR 390.6
Forcing driver to violate HOS or other safety regulations