| (a) General rule. Any person who violates Texas Transportation
Code, §522.071(a)(5), §522.072 or the rules set forth in
Subparts B and C of 49 CFR Part 383, may be subject to civil or criminal
penalties as provided for in this section or in 49 USC Part 521(b).
(b) Driver violations. A driver who is convicted of
violating an out-of-service order must be subject to a civil or administrative
penalty of not less than $2,500 for a first conviction, and not less
than $5,000 for a second conviction, in addition to a disqualification
action.
(c) Employer violations. An employer who is convicted
of a violation of 49 CFR §383.37(c) or Texas Transportation Code, §522.072(a)(3)
must be subject to a maximum civil or administrative penalty of not
less than $2,750 and not more than $25,000. An employer who is convicted
of a violation of 49 CFR §383.37(d) or Texas Transportation Code, §522.072(b)
must be subject to a civil or administrative penalty of not more than
$10,000.
(d) Penalties. Civil penalties for violations of the
regulations adopted herein may be assessed by a court of competent
jurisdiction or assessed as an administrative penalty under the provisions
of Texas Transportation Code, Chapter 644.
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