Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15B - Division of Florida Highway Patrol › Chapter 15B-15 - ASSESSMENT OF PENALTIES FOR VIOLATIONS FOUND DURING COMPLIANCE REVIEWS AND PAYMENT OF PENALTIES › Section 15B-15.002 - Payment of Penalties; Detaining and Impounding Commercial Motor Vehicles

Current through Reg. 50, No. 138; July 16, 2024
(1) Penalties imposed upon a motor carrier or
				shipper of hazardous materials are due and payable upon the issuance of a
				citation. Law enforcement officers, weight inspectors, and other authorized
				agents of the Department, upon issuance of a citation, shall allow motor
				carriers or shippers of hazardous materials in good standing to make payment of
				penalties within 20 calendar days from the issuance of the citation. Payment
				must be received by the Office of Motor Carrier Compliance Penalty Collections
				Unit in Tallahassee, Florida, within 20 calendar days from the date of the
				citation.
(2) In the event that
				payment of penalties for a citation is not received within the 20 calendar day
				period, the commercial motor vehicle(s) shall be impounded in accordance with
				Sections  316.545,
				 316.3025,
				 316.516 and
				 316.550, F.S. Motor carriers who
				fail to pay any and all penalties owed to the Department will be referred to
				the Department of Highway Safety and Motor Vehicles, where the vehicle's
				registrations and fuel permits shall be revoked or suspended in accordance with
				Section  320.18, F.S.
(3) Payment methods for citations include
				cash, money orders, certified funds from a financial institution, credit cards,
				and company checks.
(4) A motor
				carrier or a shipper of hazardous material that owes penalties to the
				Department, or has not paid penalties in a timely fashion on one or more
				previous occasion, shall be deemed to be not in good standing. A commercial
				motor vehicle(s) owned by a motor carrier or shipper of hazardous materials
				deemed not in good standing will be detained or impounded immediately and held
				until all penalties are paid to the Department. A list of such motor carriers
				and shippers of hazardous materials will be provided statewide by the Penalty
				Collections Unit to the Office of Motor Carrier Compliance law enforcement
				officers and weight inspectors.
(5)
				Except for penalties assessed during compliance reviews, the fact that a motor
				carrier or shipper of hazardous material has requested an appeal before the
				Commercial Motor Vehicle Review Board does not relieve responsibility to make
				payment of the assessed penalty for a citation within the 20 day
				period.
(6) Commercial motor
				vehicles impounded in accordance with this rule will be released upon payment
				of all penalties owed to the Department, upon the posting of a bond pursuant to
				Section  316.545, F.S., upon a
				determination by the Commercial Motor Carrier Review Board to cancel or revoke
				the penalty, or upon issuance of a Department order pursuant to Section
				 120.57, F.S. Commercial motor
				vehicles released as a result of the posting of a bond under Section
				 316.545, F.S., remain subject to
				the lien imposed by that statute.
(7) Any costs associated with the detention,
				impoundment, and storage of commercial motor vehicles in accordance with
				Sections  316.545, F.S., shall be the
				responsibility of the motor carrier or shipper of hazardous material, and proof
				of payment of such costs shall be provided to the Department prior to the
				vehicle being released.
Rulemaking Authority
					 316.302,
					 316.535,
					 334.044(2) FS.
					 Law Implemented 316.302, 316.3025, 316.3026, 316.516, 316.535, 316.545.
					  316.550,
					  316.70 FS.
New 1-8-86, Amended 2-25-87, 7-15-91, 9-12-96, 8-7-03,
					 10-9-05, Formerly  14-87.002.