DOT RAISES MAXIMUM CIVIL PENALTY AMOUNT; ISSUES UPDATED CIVIL PENALTY GUIDELINES

February 8, 2024

The Department of Transportation (“DOT” or “the Department”) recently issued a final rule announcing further adjustments to its civil penalty amounts for 2024. Importantly, under the adjustment, the new maximum civil penalty for violations of the aviation economic regulations has increased yet again, from $40,272 to $41,577. The adjustment also includes new Federal Aviation Administration (“FAA”) civil penalty amounts. Some of the civil penalty adjustments for 2024 are included below, while a full listing is available here.

Office of the Secretary (OST) 2024 Adjustments

Penalty

Citation

Existing penalty

New penalty (existing penalty x 1.03241)

General civil penalty for violations of certain aviation economic regulations and statutes

49 U.S.C. 46301(a)(1)

$40,272

$41,577

Federal Aviation Administration (FAA) 2024 Adjustments

Penalty

Citation

Existing penalty

New penalty (existing penalty x 1.03241)

Violation of hazardous materials transportation law

49 U.S.C. 5123(a)(1)

$96,624

$99,756

Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction

49 U.S.C. 5123(a)(2)

$225,455

$232,762

Minimum penalty for violation of hazardous materials transportation law relating to training

49 U.S.C. 5123(a)(3)

 

$582

$601

Maximum penalty for violation of hazardous materials transportation law relating to training

49 U.S.C. 5123(a)(3)

 

$96,624

$99,756

Knowing presentation of a nonconforming aircraft for issuance of an initial airworthiness certificate by a production certificate holder

49 U.S.C. 44704(d)(3)(B)

$1,144,489

$1,181,592

Knowing failure by an applicant for or holder of a type certificate to submit safety critical information or include certain such information in an airplane flight manual or flight crew operating manual contrary to 49 U.S.C. 44704(e)(1)-(3)

49 U.S.C. 44704(e)(4)(A)

$1,144,489

$1,181,592

Physical or sexual assault or threat to physically or sexually assault crewmember or other individual on an aircraft, or action that poses an imminent threat to the safety of the aircraft or individuals on board

49 U.S.C. 46318

$42,287

$43,658

 

If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.comDrew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.

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Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

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Jay Julien Photo Washington, D.C.

Jay Julien

Associate - Washington, D.C.

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