Section 15B-15.002 - Payment of Penalties; Detaining and Impounding Commercial Motor Vehicles(1) Penalties imposed upon a motor carrier or shipper of hazardous materials are due and payable upon the issuance of a citation. Law enforcement officers, weight inspectors, and other authorized agents of the Department, upon issuance of a citation, shall allow motor carriers or shippers of hazardous materials in good standing to make payment of penalties within 20 calendar days from the issuance of the citation. Payment must be received by the Office of Motor Carrier Compliance Penalty Collections Unit in Tallahassee, Florida, within 20 calendar days from the date of the citation.(2) In the event that payment of penalties for a citation is not received within the 20 calendar day period, the commercial motor vehicle(s) shall be impounded in accordance with Sections 316.545, 316.3025, 316.516 and 316.550, F.S. Motor carriers who fail to pay any and all penalties owed to the Department will be referred to the Department of Highway Safety and Motor Vehicles, where the vehicle's registrations and fuel permits shall be revoked or suspended in accordance with Section 320.18, F.S.(3) Payment methods for citations include cash, money orders, certified funds from a financial institution, credit cards, and company checks.(4) A motor carrier or a shipper of hazardous material that owes penalties to the Department, or has not paid penalties in a timely fashion on one or more previous occasion, shall be deemed to be not in good standing. A commercial motor vehicle(s) owned by a motor carrier or shipper of hazardous materials deemed not in good standing will be detained or impounded immediately and held until all penalties are paid to the Department. A list of such motor carriers and shippers of hazardous materials will be provided statewide by the Penalty Collections Unit to the Office of Motor Carrier Compliance law enforcement officers and weight inspectors.(5) Except for penalties assessed during compliance reviews, the fact that a motor carrier or shipper of hazardous material has requested an appeal before the Commercial Motor Vehicle Review Board does not relieve responsibility to make payment of the assessed penalty for a citation within the 20 day period.(6) Commercial motor vehicles impounded in accordance with this rule will be released upon payment of all penalties owed to the Department, upon the posting of a bond pursuant to Section 316.545, F.S., upon a determination by the Commercial Motor Carrier Review Board to cancel or revoke the penalty, or upon issuance of a Department order pursuant to Section 120.57, F.S. Commercial motor vehicles released as a result of the posting of a bond under Section 316.545, F.S., remain subject to the lien imposed by that statute.(7) Any costs associated with the detention, impoundment, and storage of commercial motor vehicles in accordance with Sections 316.545, F.S., shall be the responsibility of the motor carrier or shipper of hazardous material, and proof of payment of such costs shall be provided to the Department prior to the vehicle being released.Fla. Admin. Code Ann. R. 15B-15.002
Rulemaking Authority 316.302, 316.535, 334.044(2) FS. Law Implemented 316.302, 316.3025, 316.3026, 316.516, 316.535, 316.545. 316.550, 316.70 FS.
New 1-8-86, Amended 2-25-87, 7-15-91, 9-12-96, 8-7-03, 10-9-05, Formerly RSA 14-87.002.New 1-8-86, Amended 2-25-87, 7-15-91, 9-12-96, 8-7-03, 10-9-05, Formerly 14-87.002.