Any person (except an employee who acts without knowledge) who knowingly violates the rules of this subpart shall be liable to the United States for a civil penalty as stated in part 386, appendix B, of this chapter, and if any such violation is a continuing one, each day of violation will constitute a separate offense. The amount of any such penalty shall be assessed by FMCSA's Administrator, by written notice. In determining the amount of such penalty, the Administrator, or his/her authorized delegate shall take into account the nature, circumstances, extent, the gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior violations, ability to pay, and any effect on ability to continue to do business, and such other matters as justice may require.
[80 FR 18158, Apr. 3, 2015]
Notes of Decisions
Dep't of Transp. v. Initial Transp. Inc., 740 N.W.2d 720 (Mich. Ct. App. 2007).
· cites it 6× “" 49 CFR 387.17. To resolve plaintiff's first issue, this Court must interpret whether the Legislature, by adopting the MCSA and specifically MCL 480.”
Howard v. Quality Xpress, Inc., 989 P.2d 896 (N.M. Ct. App. 1999).
“” 49 C.F.R. § 387.17 . Thus, the regulatory scheme appears to place the burden of compliance with the compulsory insurance coverage requirements upon the motor carrier, not the insurer.”
Illinois Cent. R.R. v. Dupont, 190 F. Supp. 2d 880 (M.D. La. 2001).
“See 49 C.F.R. § 387.17 . However, Congress did not provide that the endorsement be read into the policy, and this court will not extend the law beyond what has been provided by Congress.”
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