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Signs displaying hazmat numbers 1268 and 3082 are on a vehicle's rear. The text "Hazmat Civil Penalty Amounts 2023" is above. Three outlined triangles are on the right.

September 18, 2023

HazMat Updated Civil Penalty Amounts 2023

The civil penalty amounts for HazMat violations have been recently increased in 2023. Learn more about how you can stay compliant here.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is a division of the U.S. Department of Transportation (USDOT) responsible for regulating and ensuring the safe transportation of hazardous materials (HazMat).

The PHMSA plays a crucial role in increasing HazMat civil penalties to enforce compliance and deter potential violators, ultimately enhancing the safety of hazardous materials transportation.

Why Were the HazMat Civil Penalty Amounts Increased?

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The HazMat civil penalty amounts were increased due to the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA). The increase was done to account for inflation and to preserve the penalties’ deterrent impact.

The FCPIAA requires federal agencies to periodically adjust their civil monetary penalties, ensuring they maintain a meaningful impact over time.

USDOT Agencies that Have Increased the Penalties

Beginning January 6, 2023, the following USDOT agencies have increased their respective civil penalty amounts by 1.07745 of the previous year’s penalty:

  • Office of the Secretary (OST)
  • Federal Aviation Administration (FAA)
  • National Highway Traffic Safety Administration (NHTSA)
  • Federal Motor Carrier Safety Administration (FMCSA)
  • Federal Railroad Administration (FRA)
  • Pipeline and Hazardous Materials Safety Administration (PHMSA)
  • Maritime Administration (MARAD)
  • Great Lakes St. Lawrence Seaway Development Corporation (GLS)

New HazMat Civil Penalty Amounts 2023

The following is a partial list of HazMat civil penalty amounts for the year 2023, along with their respective former amounts:

Maximum civil penalty amounts for hazardous materials violation

  • Former: $89,678
  • Current: $96,624

Maximum civil penalty amounts for hazardous materials violation

(resulting in death, serious illness, or severe injury to any person, or the substantial destruction of property)

  • Former: $209,249
  • Current: $225,455

Minimum civil penalty for violation of hazardous materials transportation law relating to training

  • Former: $540
  • Current: $582

Maximum civil penalty amounts for violation of hazardous materials transportation law relating to training

  • Former: $89,678
  • Current: $96,624

Violation by an individual or small business concern related to the transportation of hazardous materials

  • Former: $14,950
  • Current: $16,108

Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (packaging or container)

  • Former: $89,678
  • Current: $96,624

Minimum civil penalty for violations of the CRs (motor carrier or broker for transportation of hazardous wastes)

  • Former:  $23,915
  • Current: $25,767

Maximum civil penalty for violations of the CRs (motor carrier or broker for transportation of hazardous wastes)

  • Former:  $47,829
  • Current: $51,533

For a more comprehensive list, please check the 2023 USDOT final rule for civil penalty amounts.

What Are Considered Maximum Civil Penalty Amounts for Hazardous Materials Regulations?

The following are instances where the maximum HazMat civil penalty amounts are applicable:

  • A person who knowingly violates a requirement of the Federal hazardous material transportation law or regulation that results in death, serious illness, or severe injury to any individual;
  • A person who knowingly violates the design, manufacture, fabrication, inspection, marking, maintenance, reconditioning, repair, or testing of a package, container, or packaging component of a hazardous material

DOT Placards Displayed on the Rear of a Fuel Tanker

What Are Considered Minimum Civil Penalty Amounts for Hazardous Material Regulations?

The minimum civil penalty amounts for hazardous material regulations apply when a person is found to have:

  • Failed to take corrective action in response to a notice of violation
  • Violated a requirement to submit reports or pay fees
  • Failed to obtain registration, certification, or approval required by the Federal hazardous material transportation law
  • Violated any training requirement of the regulations

What Is Considered a Severe Injury Related to HazMat Violations?

Severe injury is any physical harm that causes temporary or permanent disability, disfigurement, extreme pain, or suffering. It can also include emotional distress and economic loss due to the injury.

For example, a severe injury could be the loss of an arm due to an explosion caused by improperly transporting hazardous materials or exposure to toxic pollutants from a HazMat accident.

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What Is Considered Substantial Destruction of Property Related to HazMat Violations?

Substantial destruction of property is defined as significant damage to a person’s home, business, or other real property, causing an economic loss that is a substantial part of the value of the property.

For example, a HazMat accident could cause severe damage to a residential property, leading to large-scale repairs or even the demolition of the affected structure.

What Happens When a HazMat Violation Results in Death?

When a HazMat violation constitutes the death of a person, the responsible party could be subject to maximum HazMat civil penalty amounts as outlined in the 2023 USDOT final rule.

Additionally, a separate offense for criminal liability could apply in cases involving gross negligence or reckless disregard for the safety of others.

What Is Considered Special Permit or Approval Required Under the Federal HazMat Transportation Law?

A special permit or approval is required when a hazardous material does not meet all applicable requirements of the Federal hazardous material transportation law and/or regulations or is to be transported in a manner not authorized under the law or regulations.

For example, a special permit or approval could be required for the transportation of hazardous waste in large quantities or to transport certain types of explosives.

What Are Common Violations Against the Hazardous Material Regulations (HMR)?

Common violations against the Hazardous Material Regulations (HMR) include:

  1. Improper packaging: Failing to use appropriate packaging materials or methods to contain hazardous materials during transportation.
  2. Inadequate labeling: Not providing accurate, visible, and durable hazard labels and markings on packages containing hazardous materials.
  3. Insufficient documentation: Failing to provide complete and accurate shipping papers, including emergency response information and required certifications.
  4. Lack of employee training: Not providing mandatory training to employees involved in handling, transporting, or managing hazardous materials.
  5. Unauthorized transportation: Transporting hazardous materials without proper permits or authorization.
  6. Failure to comply with security requirements: Not adhering to the required security measures for the safe transportation of hazardous materials.
  7. Inadequate placarding: Failing to display the appropriate placards on vehicles transporting hazardous materials to indicate the risks associated with the cargo.
  8. Improper loading and segregation: Incorrectly loading hazardous materials or not segregating incompatible materials in a transport vehicle.

These violations can lead to heavy HazMat civil penalties, fines, and increased scrutiny from regulatory agencies. Compliance with HMR is essential to ensure the safety of people, property, and the environment.

Recent Safety Alert Related to Lithium Batteries Transportation for Electric Vehicles (EV)

The PHMSA issued a safety advisory notice in April 2023 regarding the risk of transporting electric vehicles (EVs) powered by lithium batteries.

The advisory emphasizes the responsibility of shippers to properly assess EVs and their respective lithium batteries for potential damage. Shippers are also reminded to observe the Hazardous Materials Regulations (HMR) 49 CFR Parts 171-180 for the safe transport of lithium batteries, including proper packaging and labeling.

Recent Safety Alert Related to DOT-111 Tank Cars in Flammable Liquid Service

The PHMSA also issued a safety advisory in March 2023 to upgrade DOT-111 tank cars to stay compliant with the latest safety standards for the transport of flammable liquids.

The advisory also reminds shippers to inspect their DOT-111 tank cars for any modifications or repairs, as well as to ensure that they are using the proper car type and its associated equipment for transporting their goods.

In addition, shippers should adhere to the requirements of 49 CFR Parts 171-180, especially with regard to the handling of hazardous materials.

Recent Safety Alert Related to Tank Cars Equipped with Aluminum Manway Covers

A safety advisory notice was released in March 2023 regarding the risks of tank cars with aluminum protective manway covers, especially when exposed to extreme heat. Aluminum manway covers are potentially prone to cracking or breaking during transport, which can lead to a hazardous materials incident.

Shippers and carriers are reminded to inspect their manway assemblies regularly and ensure they are equipped with steel protective housing covers.

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Quality HazMat Training Online from DOT Compliance Group

Compliance with the latest HazMat and USDOT regulations is vital for businesses that transport hazardous materials; otherwise, you run the risk of facing costly fines or other penalties.

At DOT Compliance Group, we provide comprehensive HazMat training to ensure that shippers comply with the current regulations and are well-prepared for any potential incident.

Contact us today to learn more about our HazMat training services and how we can help your business stay up-to-date on the latest regulations.

FAQ

What Happens If You Fail a DOT Inspection?

If the vehicle or driver is deemed unsafe, they may be placed out of service, meaning the vehicle cannot operate until all violations are properly corrected.

Who decides which level of inspection to perform?

Both the Commercial Vehicle Safety Alliance (CVSA) and the Federal Motor Carrier Safety Administration have a part in DOT inspection levels. The CVSA develops the criteria and sets the procedures for every inspection level. The FMCSA establishes overall regulations and determines which vehicles must be inspected.

How often do DOT inspections happen?

DOT inspections can happen at any time. They most commonly happen during roadside stops and weigh stations. Carriers with higher risk, poor safety records, or hazardous material may be inspected more frequently.

What documents are required during an inspection?

Documents required during an inspection include but may not be limited to:

  • State driver’s license or commercial driver’s license
  • Medical examiner’s certificate
  • Record of duty status
  • Vehicle registrations
  • Periodic inspections document for all vehicles being operated
  • Shipping papers or bills of lading
  • Information for hazardous materials being transported
  • Proof of insurance

What are common DOT inspection violations?

According to the FMCSA, the 5 most cited roadside violations are:

  1. False Report of Driver’s Record of Duty Status: log falsification providing inaccurate or intentionally altered duty-status information.
  2. No Record of Duty Status (ELD Required): using a commercial vehicle without the required electronic logging device or valid time records.
  3. Inoperable Required Lamp: crucial lights (headlights, brake lights, turn signals, etc.) are not functioning properly.
  4. Operating a Commercial Motor Vehicle Without a Commercial Driver’s License (CDL)
  5. Operating a Commercial Motor Vehicle Without Proof of a Periodic Inspection: failure to meet FMCSA the maintenance standards of a required annual inspection.

Why is updating VMT important for compliance?

VMT is tracked to determine fuel tax obligations (Vehicle Miles Traveled Tax) used for road maintenance and improvements. Trucking companies must keep accurate records of VMT to ensure they pay the correct amount of taxes.

How often should VMT be updated?

For motor carriers VMT must be updated every two years along with the MCS-150 form for the Biennial Update.

Can VMT be tracked automatically with technology?

Yes, Electronic Legging Devices (ELDs), Fleet Management Apps, and Mileage Tracking Software are all technological advancements that can simplify the process of VMT tracking.

How does VMT affect taxes and fuel reporting?

Accurate VMT records help document mileage for business-related tax deductions, ensuring compliance with IRS regulations. It also supports fuel tax reporting by tracking the miles each vehicle travels in different jurisdictions, which is essential for state and federal fuel tax calculations. Proper tracking reduces errors, prevents penalties, and provides a clear record of operational costs.

How do I know when my Biennial Update is due?

  • Your filing schedule depends on the last two digits of your USDOT number. The last digit corresponds with what month the form needs to be filed in. January is 1, February is 2, March is 3, etc. The next to last digit determines the year (odd-numbered year or even numbered year). For example, DOT number 1234567 files their biennial update in July (7) of every even year (6). Contact us today to see if you’re due.

Does the Biennial Update cost money to file?

While you can file your Biennial Update yourself for no cost through FMCSA. The process can often be confusing and time-consuming. Our team can handle your filing for you, simplifying the process for you.

Do intrastate carriers need to file the update?

Yes, even if carriers stay within state lines, a biennial update is still needed for their USDOT number.

What happens if I miss my filing deadline?

  • Failure to complete biennial update to FMCSA can be subject to fines with a maximum penalty of $10,000. If your update is past due, you can still file it to restore your compliance status. Contact us today to file your form! https://dotcompliancegroup.com/bu-update/ 

What are the new FMCSA rules in 2025?

  1. Civil Penalty Amount Increases
  2. Drug & Alcohol Clearinghouse Becomes Exclusive Source for checking driver history.
  3. ELD Technology Required
  4. SMS (Safety Measurement System) Modernization
  5. Crash Preventability Determination Program Expanded

When do the 2025 FMCSA regulations take effect?

The confirmed dates these regulations take effect is May 30, June 23, October 1, 2025.

How can trucking companies prepare for these changes?

Regularly reviewing your Safety Measurement System (SMS) scores and maintaining personal checklists for inspections, driver qualification files, and drug and alcohol testing helps catch issues before they affect audits. Partnering with DOT Compliance Group streamlines filings, reporting, and ongoing monitoring, taking the guesswork out of FMCSA regulations and keeping your operation audit-ready year-round.

What Triggers a DOT Compliance Review?

A DOT compliance review is triggered when FMCSA wants to ensure a carrier is following safety regulations. Common triggers include high SMS safety scores, a history of crashes or violations, and previous noncompliance. Staying proactive with accurate records, driver files, and regular internal audits helps reduce the likelihood of a review.

Where can I get help with FMCSA filings?

DOT Compliance Group can assist with any help or questions you may have about FMCSA filings. Call 972-476-9962.

How long are violations kept on record?

According to the Clearinghouse rules, drug and alcohol violations remain in the FMCSA Clearinghouse for five years, provided all requirements (such as completing the return‑to‑duty process) have been met before that period ends.

What if an employer makes a mistake in reporting?

In practice, correcting an employer reporting error typically involves identifying the mistake in the database and then submitting a request for correction through the Clearinghouse portal or FMCSA procedures, so the record reflects accurate information. 

What are the penalties for non-compliance?

FMCSA rules allow civil penalties for non‑compliance, and separate authorities note that employers who fail to meet Clearinghouse requirements may face civil fines or criminal penalties under federal regulations.

Do trucking companies check the Clearinghouse?

Yes — trucking companies check the Clearinghouse as part of their hiring and compliance process. The FMCSA Clearinghouse is designed so employers can search a driver’s drug and alcohol violation records before permitting them to operate a commercial vehicle. Employers are required to conduct these queries for both prospective and current drivers as part of compliance.

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