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

January 24, 2023

On January 6, 2023, DOT issued a final rule to make new adjustments to its civil penalty amounts for 2023.  Importantly, under the adjustment, the new maximum civil penalty for violations of the aviation economic regulations has increased from $37,377 to $40,272.  The adjustment also includes new FAA civil penalty amounts.  Some of the civil penalty adjustments for 2023 are included below, while a full listing is available here.

Office of the Secretary (OST) 2023 Adjustments 

Penalty

Citation

Existing penalty

New penalty (existing penalty × 1.07745)

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

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

$37,377

$40,272

Federal Aviation Administration (FAA) 2023 Adjustments

Penalty

Citation

Existing penalty

New penalty (existing penalty × 1.07745)

Violation of hazardous materials transportation law

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

$89,678

$96,624

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

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

209,249

225,455

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

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

540

582

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

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

89,678

96,624

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)

1,062,220

1,144,489

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)

1,062,220

1,144,489

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

39,247

42,287

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).

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Authors

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.

See full bio