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 |
$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 |
$89,678 |
$96,624 |
|
|
Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction |
209,249 |
225,455 |
|
|
Minimum penalty for violation of hazardous materials transportation law relating to training |
540 |
582 |
|
|
Maximum penalty for violation of hazardous materials transportation law relating to training |
89,678 |
96,624 |
|
|
Knowing presentation of a nonconforming aircraft for issuance of an initial airworthiness certificate by a production certificate holder |
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) |
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 |
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).