Current through Reg. 50, No. 187; September 24, 2024
(1) This rule
chapter applies to motor carriers of commercial motor vehicles and nonpublic
sector buses, and shippers of hazardous materials; establishes procedures for
the payment of penalties in accordance with Chapter 316, F.S.; and establishes
the amount of penalties for violations found during a compliance review under
Sections 316.302,
316.70,
627.7415 and
627.742, F.S., and 49 C.F.R.
Part 107, Subpart G, and Parts 171, 172, 173, 177, 178, 180, 382, 390, 391,
392, 395, 396 and 397, incorporated herein by reference.
(2) The following words and phrases, when
used in these rules, shall have the meanings respectively ascribed to them in
this section, except where the context otherwise requires:
(a) "Citation" means a written statement
issued by the Department to a motor carrier, or shipper of hazardous materials,
for:
1. A violation of weight or vehicle
registration laws; or
2. A
violation of safety laws or regulations, or permit violations; or
3. A violation of the fuel use tax
requirements contained in Chapter 207, F.S.
(b) "Commercial Motor Vehicle" means as
defined in Section 316.003, F.S.
(c) "Compliance Review" means an onsite
review of documents at a motor carrier's or shipper of hazardous materials'
terminal or office, including property carrier, passenger carrier, or shipper
of hazardous materials records, such as driver's hours of service, maintenance
and inspection, driver qualification, commercial driver's license requirements,
financial responsibility, and accident and other safety and business records
which will enable the investigators to establish compliance with safety laws
and regulations.
(d) "Department"
means the Florida Department of Highway Safety and Motor Vehicles.
(e) "Motor Carrier" means any person, or
entity of any kind owning, controlling, operating, managing, contracting with
the owner or operator of, or dispatching any commercial motor vehicle or
nonpublic sector buses.
(f)
"Nonpublic Sector Bus" means as defined in Section
316.003, F.S.
(g) "Penalty" means a monetary amount
prescribed by statute or Department rule as an administrative assessment for a
violation of a safety law or regulation pursuant to the issuance of a
citation.
(h) "Shipper of Hazardous
Materials" means any person or entity of any kind that offers hazardous
materials, as defined in Section
316.003, F.S., for
transportation in commerce.
Rulemaking Authority 316.302, 316.535 FS. Law Implemented
316.302, 316.3025, 316.3026, 316.516, 316.535, 316.545, 316.550, 316.70
FS.
New 7-15-91, Amended 9-12-96, 8-7-03, 10-9-05, Formerly
14-87.0011.
