Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter B - REGULATIONS GOVERNING TRANSPORTATION SAFETY › Section 4.16 - Administrative Penalties, Payment, Collection, and Settlement of Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Administrative Penalties.
(1) The compliance review may result in the
				  initiation of an enforcement action based upon the number and degree of
				  seriousness of the violations discovered during the review as well as those
				  factors listed in Title 49, Code of Federal Regulations, Part 385.7. As a
				  result of the enforcement action, the department may impose an administrative
				  penalty against a motor carrier who violates a provision of the Texas
				  Transportation Code, Title 7, Subtitle B, Chapter 522 (relating to Commercial
				  Driver's License), Subtitle C, Chapters 541 - 600 (relating to the Rules of the
				  Road), and Subtitle F, Chapter 644 (relating to Commercial Motor Vehicles),
				  including any amendments not codified in the Texas Transportation Code. Each of
				  these provisions relates to the safe operation of a commercial motor vehicle
				  under Texas Transportation Code, §
											644.153(b).
(2) The department shall have discretion in
				  determining the appropriate amount of the administrative penalty assessed for
				  each violation, and adopts the Federal Uniform Fine Assessment Program as a
				  method of determining penalty assessment. A penalty under this section may not
				  exceed the maximum penalty provided for a violation of a similar federal safety
				  regulation. The department retains the authority to reduce the administrative
				  penalty calculated by the Federal Uniform Fine Assessment Program when the
				  interests of justice require it.
(3) For motor carriers whose verified annual
				  gross revenue is less than one million dollars, the department will assess an
				  alternative administrative penalty according to the schedule listed in the
				  figure, if the alternative administrative penalty would be less than the amount
				  calculated by the Federal Uniform Fine Assessment Program.
Attached
					 Graphic
(A) General motor
				  carriers may be assessed an alternative administrative penalty, as listed in
				  Table 1, that is the following percentage of their gross revenue.
(B) Passenger or hazardous materials motor
				  carriers may be assessed an alternative administrative penalty, as listed in
				  Table 2, that is the following percentage of their gross revenue
(4) Under certain circumstances,
				  the department may deviate from the Federal Uniform Fine Assessment Program and
				  instead issue up to the maximum penalty provided. These circumstances include,
				  but are not limited to, the following:
(A) A
				  motor carrier who does not provide credible information about the size of its
				  operations (revenue, fleet mileage, number of trucks, and number of drivers),
				  may be subject to maximum penalties under federal law for violations
				  cited.
(B) A carrier which has been
				  penalized (Notice of Claim issued) twice in the previous two years or three
				  times in the previous six years for a given violation may be subject to maximum
				  penalties for a current violation of the same section. Any prior violations
				  used in accordance with this paragraph which are overturned on appeal before a
				  current penalty becomes a "final agency decision" will result in
				  reconsideration, and recalculation if applicable, of the current penalty
				  amount.
(5) In no case
				  will any penalty or group of penalties assessed according to this section be
				  less than a total of $500.
(6) The
				  department will send a Notice of Claim to the person(s), Firm, or business in
				  violation of this subchapter by certified mail, return receipt requested, by
				  personal service, or another manner of delivery that records the receipt of the
				  notice by the person responsible requiring a response within 20 business days.
				  The notice will contain the following language in bold, large face type:
				  "FAILURE TO PAY THIS CLAIM OR RESPOND, AS SPECIFIED IN THE NOTICE OF CLAIM,
				  WITHIN 20 BUSINESS DAYS WILL RESULT IN THIS NOTICE OF CLAIM BEING DEEMED A
				  'FINAL DEPARTMENT DECISION.' A PERSON WHO IS SUBJECT TO AN ADMINISTRATIVE
				  PENALTY IMPOSED BY THE DEPARTMENT UNDER TEXAS TRANSPORTATION CODE, §
											644.153 IS
				  REQUIRED TO PAY THE ADMINISTRATIVE PENALTIES OR RESPOND TO THE DEPARTMENT'S
				  NOTICE OF CLAIM. A PERSON WHO FAILS TO PAY, OR BECOMES DELINQUENT IN THE
				  PAYMENT OF THE ADMINISTRATIVE PENALTIES IMPOSED BY THE DEPARTMENT UNDER TEXAS
				  TRANSPORTATION CODE, §
											644.153
				  SHALL NOT OPERATE OR DIRECT THE OPERATION OF A COMMERCIAL MOTOR VEHICLE ON THE
				  HIGHWAYS OF THIS STATE UNTIL SUCH TIME AS THE ADMINISTRATIVE PENALTIES HAVE
				  BEEN REMITTED TO THE DEPARTMENT."