[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.81]

[Page 1047]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 
AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents
 
                           Subpart G_Penalties
 
Sec. 386.81  General.

    Source: 56 FR 10184, Mar. 11, 1991, unless otherwise noted.


    (a) The amounts of civil penalties that can be assessed for 
regulatory violations subject to the proceedings in this subchapter are 
established in the statutes granting enforcement powers. The 
determination of the actual civil penalties assessed in each proceeding 
is based on those defined limits or minimums and consideration of 
information available at the time the claim is made concerning the 
nature, gravity of the violation and, with respect to the violator, the 
degree of culpability, history of prior offenses, ability to pay, effect 
on ability to continue to do business, and such other matters as justice 
and public safety may require. In addition to these factors, a civil 
penalty assessed under 49 U.S.C. 14901(a) and (d) concerning household 
goods is also based on the degree of harm caused to a shipper and 
whether the shipper has been adequately compensated before institution 
of the civil penalty proceeding. In adjudicating the claims and orders 
under the administrative procedures herein, additional information may 
be developed regarding these factors that may affect the final amount of 
the claim.
    (b) When assessing penalties for violations of notices and orders or 
settling claims based on these assessments, consideration will be given 
to good faith efforts to achieve compliance with the terms of the 
notices and orders.

[56 FR 10184, Mar. 11, 1991, as amended at 65 FR 7756, Feb. 16, 2000]