(a) General rule. Any person who violates the rules set forth in subparts B and C of this part may be subject to civil or criminal penalties as provided for in 49 U.S.C. 521(b).

(b) Special penalties pertaining to violation of out-of-service orders—

(1) Driver violations. A driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than $2,500 for a first conviction and not less than $5,000 for a second or subsequent conviction, in addition to disqualification under §383.51(e).

(b) (2) Employer violations. An employer who is convicted of a violation of §383.37(c) shall be subject to a civil penalty of not less than $2,750 nor more than $25,000.

(c) Special penalties pertaining to railroad-highway grade crossing violations. An employer who is convicted of a violation of §383.37(d) must be subject to a civil penalty of not more than $10,000.

[59 FR 26028, May 18, 1994; 64 FR 48111, September 2, 1999; 67 FR 49759, July 31, 2002; 72 FR 36788, July 5, 2007]