DOT fines and penalties: what FMCSA can charge in 2026
Most carriers first see a penalty amount on a Notice of Claim. By then, the facts that set the number are already on record.
Federal penalties in numbers
DOT fines and penalties are civil penalties FMCSA assesses under 49 CFR Part 386, usually after an investigation. As of September 2026, the maximums run from $1,584 a day for recordkeeping violations to $19,246 per safety violation, with higher amounts for out-of-service orders and hazmat.
The figure on a Notice of Claim comes from published rules: a schedule of maximums, factors written into the statute, and a method FMCSA uses to keep assessments consistent from case to case.
I lead operations at Simplex, and as a CPA I read that schedule the way I read any contingent liability: what it can cost, what drives the number, and which parts of it we still control.
The full briefing, read aloud
8 chapters. Select one to jump to it.
Generated with AI text-to-speech from this article's key insights, in order, rather than reading it word for word. Chapter times come from a transcript of the audio. The article itself was written and reviewed by Inely Baez.
Key takeaways
Most federal fines follow an investigation
FMCSA opens enforcement cases after compliance reviews, complaint investigations, terminal audits, roadside inspections, and other investigations.
The 2025 amounts are still in force
Up to $19,246 per safety violation and $1,584 a day for recordkeeping, in effect since December 30, 2024.
Out-of-service orders carry their own penalties
A carrier that lets a driver run while out of service faces up to $23,647 per violation.
Corrective action lowers the number
FMCSA's fine method credits fixes made before the investigation, and to a lesser degree before the Notice of Claim.
A Notice of Claim starts a 30-day clock
Pay, contest, or request arbitration in writing within 30 days, or risk a default final order.
In this articleContents
Where do DOT fines and penalties come from?
The DOT fines and penalties trucking companies face at the federal level are civil penalties from FMCSA, the DOT agency that enforces the motor carrier safety rules. FMCSA says its enforcement cases start after compliance reviews, complaint investigations, terminal audits, roadside inspections, or other investigations.
That is how a DOT audit ends in a fine. An investigation can close with a Notice of Violation, an informal request to fix the problems, or with a Notice of Claim, which starts a civil penalty case. Under 49 CFR 386.11, the Notice of Claim lists the facts, the rules violated, the proposed penalty, and the maximum the law allows.
The maximums sit in two appendices to 49 CFR Part 386: Appendix A for violations of notices and orders, and Appendix B for violations of the regulations. Both are adjusted for inflation and replace the older amounts written in the statute.
What happens at the roadside, from the inspection report to your CSA scores, is covered in our guide to recovering from a DOT violation. This guide covers the money.
How much are DOT fines in 2026?
As of September 2026, the maximum DOT fines for safety violations range from $1,584 a day for recordkeeping to $19,246 per violation for other safety rules, with far higher amounts for hazmat. These are the figures in Appendix B to Part 386.
| Violation | Applies to | Penalty |
|---|---|---|
| Missing, incomplete, inaccurate, or false record | Any person or company | Up to $1,584 a day, $15,846 total |
| Knowingly falsifying a record | Any person or company | Up to $15,846 |
| Any other safety rule violation | Carriers and other companies | Up to $19,246 per violation |
| Any other safety rule violation | Drivers | Up to $4,812 |
| CDL and Clearinghouse rules | Employers, drivers, MROs, service agents | Up to $7,155 |
| No required insurance | Motor carriers | Up to $21,114; each day is a new offense |
| Operating after a final Unsatisfactory rating | Non-hazmat carriers | Up to $34,116; each day is a new offense |
| Operating without required registration | Property carriers, brokers, freight forwarders | At least $13,676 per violation |
| Knowing hazmat violation | Carriers, drivers, shippers, others | Up to $102,348, or $238,809 if it causes death, serious illness, or severe injury |
Recordkeeping penalties accrue by the day, so a missing record costs more the longer it stays missing. Most other amounts apply to each violation, so the total depends on how many violations FMCSA charges.
What are the penalties for out-of-service violations?
Running while out of service has its own schedule in Appendix A, plus CDL penalties in Appendix B.
| Violation | Applies to | Penalty |
|---|---|---|
| Driving while placed out of service | Driver | Up to $2,364 per violation |
| Requiring or permitting that driving | Motor carrier | Up to $23,647 per violation |
| Operating an out-of-service vehicle before repairs | Motor carrier | Up to $23,647 each time |
| Conviction for violating an out-of-service order | CDL holder | At least $3,961; at least $7,924 for a repeat |
| Knowingly letting a CDL holder drive during an order | Employer | $7,155 to $39,615 |
Failing to return a required certification of correction can cost up to $1,182. Since July 22, 2026, carriers return the certified roadside form only when the issuing state asks for it, but they must still certify repairs within 15 days and keep a copy for 12 months under 49 CFR 396.9(d).
What are the DOT fines for hours-of-service and drug testing violations?
Hours of service
Driving past the hours-of-service limits is a safety violation: up to $19,246 per violation for the carrier and up to $4,812 for the driver. Log problems are priced as records, up to $1,584 a day and $15,846 in total, or up to $15,846 when a log is knowingly falsified.
Exceeding the driving limit in 49 CFR 395.3(a) or 395.5(a) by more than 3 hours is an egregious violation, for the driver and for a carrier that required or permitted it. FMCSA treats its gravity as enough to justify penalties up to the maximum the law allows. Clean logs start with the device and the process around it, covered in our ELD compliance guide.
Drug and alcohol testing
Violations of the testing rules in Part 382, subparts A to F, such as having no random testing program or letting a driver work after a violation, fall under the same $19,246 per-violation ceiling for carriers. Clearinghouse violations under subpart G carry up to $7,155.
For the driver, a failed test means removal from safety-sensitive work under 49 CFR 382.501. The driver cannot return until completing the return-to-duty process in Part 40, subpart O, under 49 CFR 382.503, which runs through a substance abuse professional.
Driving during the 24-hour out-of-service period that follows an alcohol violation under 49 CFR 392.5 carries up to $3,961 for a first conviction and at least $7,924 after that.
Why do DOT fines go up every year?
Federal law requires agencies to adjust civil penalties for inflation every year. Under the 2015 Inflation Adjustment Act Improvements Act, OMB publishes a multiplier based on consumer prices and DOT must publish the new amounts by January 15.
The 2024 adjustment took effect on December 28, 2023, with a multiplier of 1.03241, about 3.2%. The 2025 adjustment took effect on December 30, 2024, at 1.02598, about 2.6%. DOT applies each adjustment only to violations that occur after it takes effect.
| Penalty | 2024 rule | 2025 rule (in force) |
|---|---|---|
| Requiring or permitting a driver to drive while out of service | $23,048 | $23,647 |
| Recordkeeping, maximum total | $15,445 | $15,846 |
| Any other safety rule violation, carriers | $18,759 | $19,246 |
| Failing to return a certification of correction | $1,152 | $1,182 |
As of September 24, 2026, DOT has not published a 2026 adjustment for FMCSA penalties in the Federal Register, and eCFR still shows the 2025 amounts. When the next adjustment is published, every figure here will change by that year's multiplier, so check Appendix B before you rely on one.
How does FMCSA decide the amount of a fine?
FMCSA sets each penalty within the legal range using factors in 49 U.S.C. 521(b)(2)(D): the nature, circumstances, extent, and gravity of the violation, and the violator's culpability, history of prior offenses, and ability to continue in business. The law adds that each assessment must be calculated to induce further compliance.
To apply those factors the same way every time, FMCSA and its state partners use Uniform Fine Assessment (UFA) software. FMCSA's published UFA methodology works like this:
- History: 0 points with no enforcement history, up to 50 for two or more prior closed cases or a prior violation of an order. Only closed cases with an admitted violation in the previous six years count.
- Culpability: 0 points if you should have known, 10 if you knew, 25 if the violation was intentional.
- Corrective action: minus 20 points for fixing violations before the investigation began, minus 10 for fixing them before the Notice of Claim.
- Small business: a 20% reduction per violation for companies covered by SBREFA, the federal small business enforcement fairness law.
- Revenue cap: the total is generally limited to 2% of gross revenue, 20% less for small businesses, with a floor of $2,000 for a company. It only applies if you provide your gross revenue.
The points become a percentage that raises or lowers the fine for each violation. The revenue cap does not reduce statutory minimum penalties, egregious hours-of-service violations, or Section 222 penalties.
When is the maximum penalty required?
Section 222 of the Motor Carrier Safety Improvement Act of 1999 directs FMCSA to assess the maximum penalty for each violation when a carrier has a pattern of violations of critical or acute regulations, or repeats the same or a related one. A lower amount requires documented extraordinary circumstances. The same acute and critical categories drive DOT safety ratings.
What happens after you get a Notice of Claim?
You have 30 days from service to reply in writing, choosing one of three paths under 49 CFR 386.14:
- Pay the full amount claimed
- Contest the claim through administrative adjudication
- Request binding arbitration, which lets you dispute the amount but requires admitting the violations occurred
If you do not answer, FMCSA may issue a Notice of Default and Final Order. It takes effect five days after service, and the proposed penalty becomes final.
Paying has a cost beyond the check. Under the UFA methodology, full payment of a claim that states payment is an admission counts as an admitted violation, which feeds the history factor in any case over the next six years.
Not paying is worse. A carrier that has not paid in full within 90 days after the date set in the final order is barred from interstate operation on the 91st day, and a for-hire carrier's or broker's registration is suspended. FMCSA can allow installments, but a missed installment voids the plan and makes the whole balance due.
The best time to lower a fine is before the investigation starts. Mock audits and ongoing compliance monitoring find violations while fixing them still counts as corrective action, and a written corrective action plan documents the fix.
How Simplex helps you avoid DOT fines and penalties
Most penalties trace back to files, logs, and testing records. We help you keep each one in order before anyone asks for it.
Compliance that holds up
Our DOT safety compliance team covers driver files, drug and alcohol testing, ELD and hours of service, and audit support.
Mock audits before the real one
Our compliance programs include mock audits, CSA monitoring, HOS management, and driver qualification file management.
Support through your first audit
New carriers can use our safety audit guidance and support to prepare documentation and work through the process.
Frequently asked questions
What are the fines for DOT violations?+
How much is a DOT fine for an hours-of-service violation?+
What is the penalty for failing a DOT drug test?+
Can a DOT audit lead to fines?+
Do DOT fines go up every year?+
What happens if I don't pay an FMCSA fine?+
Where this information comes from
The amounts and procedures below come from federal regulation, the Federal Register, federal statute, and FMCSA's own enforcement pages, checked on September 24, 2026.
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1
eCFR — 49 CFR Part 386, Appendix B
Current maximum and minimum penalties for violations of the safety, CDL, insurance, hazmat, and commercial rules.
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2
eCFR — 49 CFR Part 386, Appendix A
Penalties for violating out-of-service orders and other notices and orders.
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3
eCFR — 49 CFR Part 386
Notice of Violation and Notice of Claim (386.11), the 30-day reply (386.14), penalty factors (386.81), and nonpayment sanctions (386.83, 386.84).
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4
Federal Register — Revisions to Civil Penalty Amounts, 2025
The 2025 adjustment, effective December 30, 2024, with its 1.02598 multiplier and the January 15 deadline.
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5
Federal Register — Revisions to Civil Penalty Amounts, 2024
The 2024 adjustment, effective December 28, 2023, with its 1.03241 multiplier.
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6
FMCSA — Civil Penalties and Settlement
What starts an FMCSA enforcement case and when a case is closed.
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7
FMCSA — UFA Calculation Explanation
How the Uniform Fine Assessment weighs history, culpability, corrective action, and gross revenue.
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8
U.S. Code — 49 U.S.C. 521
The statutory penalty factors, and the Section 222 maximum-penalty rule in its notes.
Written by
Inely Baez
Chief Operating Officer, Simplex Group
Chief Operating Officer at Simplex Group, with nearly eight years at the company leading operational strategy and execution across compliance, technology, logistics, and performance systems. She is a Certified Public Accountant with a background spanning operations and finance, including leadership roles within Simplex's Freight 4 U division and Velox Transport Solutions. Her work focuses on building scalable, disciplined systems that support long-term performance and growth.
Published · Updated
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