D.C. Mun. Regs. tit. 18, r. 18-1408

Current through Register Vol. 71, No. 35, August 30, 2024
Rule 18-1408 - FINES

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.

1408.2

Out-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

1408.3

Out-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

1408.4

Out-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

1408.5

Other 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

1408.6

A 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.

1408.7

An 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).

1408.8

An 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).

D.C. Mun. Regs. tit. 18, r. 18-1408

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