# Rules of Practice for Motor Carrier, Broker, Freight Forwarder, and Hazardous Materials Proceedings
**CFR Correction**
In Title 49 of the Code of Federal Regulations, Parts 300 to 399, revised as of October 1, 2006, on page 276, in Appendix A to Part 386, reinstate Section IV to read as follows:
**Appendix A to Part 386—Penalty Schedule; Violations of Notices and Orders**
**IV. Out-of-Service Order**
a. Violation—Operation of a commercial vehicle by a driver during the period the driver was placed out of service.
Penalty—Up to $2,100 per violation.
(For purposes of this violation, the term ”driver“ means an operator of a commercial motor vehicle, including an independent contractor who, while in the course of operating a commercial motor vehicle, is employed or used by another person.)
b. Violation—Requiring or permitting a driver to operate a commercial vehicle during the period the driver was placed out of service.
Penalty—Up to $16,000 per violation.
(This violation applies to motor carriers, including an independent contractor who is not a “driver,” as defined under paragraph IVa above.)
c. Violation—Operation of a commercial motor vehicle by a driver after the vehicle was placed out of service and before the required repairs are made.
Penalty—$2,100 each time the vehicle is so operated.
(This violation applies to drivers as defined in IVa above.)
d. Violation—Requiring or permitting the operation of a commercial motor vehicle placed out of service before the required repairs are made.
Penalty—Up to $16,000 each time the vehicle is so operated after notice of the defect is received.
(This violation applies to motor carriers, including an independent owner-operator who is not a “driver,” as defined in IVa above.)
e. Violation—Failure to return written certification of correction as required by the out-of-service order.
Penalty—Up to $650 per violation.
f. Violation—Knowingly falsifies written certification of correction required by the out-of-service order.
Penalty—Considered the same as the violations described in paragraphs IVc and IVd above, and subject to the same penalties.
**Note:**
Falsification of certification may also result in criminal prosecution under 18 U.S.C. 1001.
g. Violation—Operating in violation of an order issued under § 386.72(b) to cease all or part of the employer's commercial motor vehicle operations, i.e., failure to cease operations as ordered.
Penalty—Up to $16,000 per day the operation continues after the effective date and time of the order to cease.
h. Violation—Conducting operations during a period of suspension under §§ 386.83 or 386.84 for failure to pay penalties.
Penalty—Up to $11,000 for each day that operations are conducted during the suspension period.