SECTION 16.66. Special Penalties Pertaining to Violation of Out-of-Service Orders and Railroad Grade Crossing Violations for Drivers and Employers

(a) General rule. Any person who violates Texas Transportation Code, §522.071(a)(5), §522.072 or the rules set forth in Subparts B and C of 49 CFR Part 383, may be subject to civil or criminal penalties as provided for in this section or in 49 USC Part 521(b).

(b) Driver violations. A driver who is convicted of violating an out-of-service order must be subject to a civil or administrative penalty of not less than $2,500 for a first conviction, and not less than $5,000 for a second conviction, in addition to a disqualification action.

(c) Employer violations. An employer who is convicted of a violation of 49 CFR §383.37(c) or Texas Transportation Code, §522.072(a)(3) must be subject to a maximum civil or administrative penalty of not less than $2,750 and not more than $25,000. An employer who is convicted of a violation of 49 CFR §383.37(d) or Texas Transportation Code, §522.072(b) must be subject to a civil or administrative penalty of not more than $10,000.

(d) Penalties. Civil penalties for violations of the regulations adopted herein may be assessed by a court of competent jurisdiction or assessed as an administrative penalty under the provisions of Texas Transportation Code, Chapter 644.

Source Note: The provisions of this §16.66 adopted to be effective September 14, 2016, 41 TexReg 7118