Payment of Fine Constitutes Guilt, FMCSA Says

Federal regulators this week issued a formal clarification intended to close a potential loophole that has permitted some motor carriers to pay a civil fine in full without admitting guilt or liability of a violation.

In a notice of proposed rulemaking filed in the Federal Register Tuesday, the Federal Motor Carrier Safety Administration said it is clarifying its “rules of practice” to inform carriers that when they pay a fine for a violation, they will lose their right to appeal it at a later date.

Payment of a fine also will be construed by the agency as an admission of guilt, FMCSA’s proposal said.

“Payment waives respondent's opportunity to further contest the claim, and will result in the Notice of Claim becoming the Final Agency Order,” the notice said.

The proposal noted that carriers have in some cases argued that payment with written objection terminates the proceeding without an admission of liability.