(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—
(b)(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,