PHMSA Increasing Civic Penalty Amounts for 2023

It’s that time of year once again. I’m not referring to the New Year, or the cold weather. PHMSA is increasing its civic penalty amounts for 2023 much to the dismay of non-compliant dangerous goods shippers. Below is a summary of how the increases affect (hopefully not) dangerous goods shippers and why the increases take place.

Why Does PHMSA Increase Penalty Amounts?

Well, the answer is quite simple, It’s the law! Back on November 2, 2015, the 2015 Federal Civic Penalties Inflation Adjustment Improvements Act was signed into law, which was designed to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The 2015 Act requires Federal agencies to adjust the level of civil monetary penalties with an initial “catch-up” adjustment through an interim final rule (IFR) and also to make subsequent annual adjustments. For this year, the previous penalty amount was multiplied by 1.07745, which is how they came up with the new penalty amount. In the case of dangerous goods shippers, the following penalty amounts have been increased among others:

The Minimum penalty for violation of hazardous materials transportation law relating to training is going from$540.00 to $582.00.

The Maximum penalty for violation of hazardous materials transportation law relating to training is going from $89,678.00 to $96,624.00.

The new maximum penalty for a hazardous materials violation increased from $89,678.00 to $96,624.00.

If the violation includes a death, serious illness, or severe industry, it is going from $209,249.00 to $225,455.00.

The Federal Register has a complete list of increases here.

To avoid these types of fines, you must assure you have the proper required training so you can choose compliant labels, placards, packaging and paperwork.
Contact our team of experts for the latest products, services, and training to ensure you are compliant and to avoid civic penalties.