FMCSA updates civil penalty calculation software

Washington – The Federal Motor Carrier Safety Administration has updated the software it uses to calculate civil penalties for safety violations.

Since the 1990s, FMCSA has used the Uniform Fine Assessment software to calculate the amount of a civil penalty against a commercial motor vehicle carrier or operator based on all applicable laws and regulations enforced by the agency. According to a Sept. 3 notice, FMCSA has made the following updates to the software, among others:

• Includes agency-assigned minimum or maximum penalty amounts that are not established by law, such as a $1,100 minimum penalty against carriers for failing to implement a controlled substances and alcohol testing program
• Proposes maximum civil penalties for violations that are repeated over time or for patterns of serious violations, where applicable
• Generates reports listing each factor used to calculate a civil penalty
• Reflects increased minimum and maximum penalty amounts for certain violations as mandated by MAP-21, a surface transportation funding bill signed into law in July 2012

According to the notice, FMCSA will be using the updated software, Version 4.0, to calculate penalties based on investigations initiated on or after Aug. 12.