Section 1340-06-01-.19 - RECOMMENDED FINES FOR MOTOR CARRIER SAFETY VIOLATIONS(1) Every officer, agent or employee of any corporation and every other person who fails to obey, observe, or comply with any order, decision, rule, regulation, direction, demand or requirement of the Commissioner of Safety and Homeland Security made in pursuance of the power and authority conferred by Chapter 15 of Title 65 of the T.C.A. shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars ($500), or by imprisonment for not more than one (1) year, or both, at the discretion of the court.(2) It is the policy of the Commissioner of Safety and Homeland Security that any such violation should result in the imposition of a fine no less than the amounts listed below and that these fines should be uniformly imposed throughout the State.(3) To accomplish this policy, Commissioner of Safety and Homeland Security motor carrier enforcement officers shall consult with the judges and district attorneys in the various jurisdictions in which these violations are prosecuted and, absent unusual and compelling circumstances, the officers shall recommend that the following fines be imposed for violations of the Commissioner of Safety and Homeland Security rules listed below: | Violation | Fine |
(a) | No record of duty status, 49 C.F.R. § 395.8(a) | |
| Minimum violation | $150 |
| Willful and intentional violation | $500 |
(b) | Falsifying record of duty status, 49 C.F.R. § 395.8(e) | |
| Minimum violation | $150 |
| Willful and intentional violation | $500 |
(c) | Failure to maintain current record of duty status, 49 C.F.R. § 395.8(f) | $125 |
(d) | Driver exceeding the 10-hour driving rule, 49 C.F.R. § 395.3 or § 395.5 | $125 |
(e) | Driver exceeding the 15-hour driving rule, 49 C.F.R. § 395.3 or § 395.5 | $125 |
(f) | Driver exceeding the 70-hour driving rule, 49 C.F.R. § 395.3 or § 395.5 | $125 |
(g) | Possession or consumption of alcohol, 49 C.F.R. § 392.5 | $500 |
(h) | Unlawful possession or consumption of Schedule I through Schedule VII drugs, 49 C.F.R. § 392.4 | $500 |
(i) | Driver of a commercial motor vehicle having more than one driver's license, 49 C.F.R. § 383.21 | $500 |
(4) Every motor vehicle subject to the safety jurisdiction of the Commissioner of Safety and Homeland Security must stop for inspection at any designated inspection station or stop at a safe roadside location if directed by a Commissioner of Safety and Homeland Security enforcement officer. Failure to stop at a designated inspection station may be excused if to do so would create a serious traffic hazard. Violation of this rule is punishable by a recommended fine of two hundred fifty dollars ($250).(5) A citation shall be issued upon discovery of one or more "out-of-service" violations. In determining whether or not an out-of-service violation exists, the Commissioner of Safety's officers shall be guided by the Commercial Vehicle Safety Alliance Memorandum of Understanding and the "North American Out-of-Service Criteria" issued by the Commercial Vehicle Safety Alliance (CVSA).(a) When a citation is issued for three out-of-service violations, the recommended fine for the first such offense shall be fifty dollars ($50) plus fifty dollars ($50) for each additional (after three) out-of-service violation.(b) The recommended fine for the second offense involving the same piece of equipment within the same calendar year shall be one hundred dollars ($100) plus one hundred dollars ($100) for each additional (after three) out-of-service violation.(c) The recommended fine for the third offense involving the same piece of equipment within the same year shall be one hundred fifty dollars ($150) plus one hundred fifty dollars ($150) for each additional (after three) out-of-service violation.(6) Each violation of a regulation pertaining to the transportation of hazardous materials found in 49 C.F.R. §§ 107 and 171 through 180, (excluding 49 C.F.R. § 177.804 ) shall result in a recommended fine of one hundred dollars ($100).(7) The recommended fine for violation of a Commissioner of Safety and Homeland Security rule not listed here shall be twenty-five dollars ($25) for the first offense and fifty dollars ($50) for the second and subsequent offense.Tenn. Comp. R. & Regs. 1340-06-01-.19
Original rule certified May 9, 1974. Amendment filed June 24, 1986; effective September 13, 1986. Amendment filed January 28, 1992; effective April 29, 1992. Rule 1340-06-01-.19 was transferred from rule 1220-0201-.19 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012. Amendments filed May 27, 2021; effective 8/25/2021.Authority: T.C.A. §§ 65-15-104, 65-15-106, 65-15-111, and 65-15-122.