Rule 515-16-14-.03 - Amount of Civil Penalties(1) Except to the extent preclude by lower penalties specified in O.C.G.A. § 44-1-13, 46-7-91 or other specific federal or state statutes applicable to a given carrier conduct, the criminal and civil penalties for violation of this Chapter include those set forth in O.C.G.A. §§ 46-2-90 through 46-2-93, 46-7-39 and 46-7-90 and in Chapters 515-16-3 and 515-16-10 of these Transportation Rules; and such penalties ranging as high as $15,000.00 per violation, plus $10,000.00 per day for each day such violation continues, can only be imposed by the Commission after notice and hearing, unless the violator consents in writing to such penalties. Such higher civil penalties are applicable to those carriers who violate a Commission Order or these Transportation Rules repeatedly or otherwise demonstrate willful or wanton refusal to comply with, or disregard for, this Commission's jurisdiction, Georgia law and these Transportation Rules.(2) As the exception to the foregoing paragraph (1) of this Rule notes, any person who knowingly violates 49 CFR § 171.2(g) or willfully violates any provision of the Federal Hazardous Materials Regulations may also be fined under Title 18 of the United States Code, or imprisoned for not more than five (5) years, or both.(3) Any person who drives a commercial motor vehicle while in violation of the provisions of O.C.G.A. § 40-5-143 or any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of the provisions of O.C.G.A. § 40-5-145shall be guilty of a felony and, upon conviction thereof, shall be punished by a civil penalty of $2,500 for each offense and by a fine of $5,000 or imprisonment for not more than 90 days, or both, for each offense.(4) The civil penalty assessed against an employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of any federal state or local law or regulation pertaining to railroad grade crossings shall not exceed $10,000.(5) Any person who violates the statutory provisions of O.C.G.A. § 44-1-13pertaining to nonconsensual towing shall be subject to civil penalties not to exceed $2,500 for each violation.(6) The Commission may impose civil penalties not to exceed $5,000 for each violation if it is determined that any person, firm, or corporation is operating as a household goods carrier for hire without a valid certification or is holding itself out as a carrier without such a certificate.Ga. Comp. R. & Regs. R. 515-16-14-.03
Authority 18 USC Sec. 3571, 49 CFR Parts 100-185, O.C.G.A. Secs. 16-11-111, 40-5-143, 40-5-145, 44-1-13, 46-2-40, 46-2-90 to 46-2-93, 46-7-39, 46-7-90.
Original Rule entitled "Amount of Civil Penalties" adopted. F. June 10, 2008; eff. June 30, 2008.