15B-15.0011. Scope and Definitions

(1) This rule chapter applies to motor carriers of commercial motor vehicles and nonpublic sector buses, and shippers of hazardous materials; establishes procedures for the payment of penalties in accordance with Chapter 316, F.S.; and establishes the amount of penalties for violations found during a compliance review under Sections 316.302, 316.70, 627.7415 and 627.742, F.S., and 49 C.F.R. Part 107, Subpart G, and Parts 171, 172, 173, 177, 178, 180, 382, 390, 391, 392, 395, 396 and 397, incorporated herein by reference.

(2) The following words and phrases, when used in these rules, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires:

(a) “Citation” means a written statement issued by the Department to a motor carrier, or shipper of hazardous materials, for:

1. A violation of weight or vehicle registration laws; or

2. A violation of safety laws or regulations, or permit violations; or

3. A violation of the fuel use tax requirements contained in Chapter 207, F.S.

(b) “Commercial Motor Vehicle” means as defined in Section 316.003, F.S.

(c) “Compliance Review” means an onsite review of documents at a motor carrier’s or shipper of hazardous materials’ terminal or office, including property carrier, passenger carrier, or shipper of hazardous materials records, such as driver’s hours of service, maintenance and inspection, driver qualification, commercial driver’s license requirements, financial responsibility, and accident and other safety and business records which will enable the investigators to establish compliance with safety laws and regulations.

(d) “Department” means the Florida Department of Highway Safety and Motor Vehicles.

(e) “Motor Carrier” means any person, or entity of any kind owning, controlling, operating, managing, contracting with the owner or operator of, or dispatching any commercial motor vehicle or nonpublic sector buses.

(f) “Nonpublic Sector Bus” means as defined in Section 316.003, F.S.

(g) “Penalty” means a monetary amount prescribed by statute or Department rule as an administrative assessment for a violation of a safety law or regulation pursuant to the issuance of a citation.

(h) “Shipper of Hazardous Materials” means any person or entity of any kind that offers hazardous materials, as defined in Section 316.003, F.S., for transportation in commerce.

Rulemaking Authority 316.302, 316.535 FS. Law Implemented 316.302, 316.3025, 316.3026, 316.516, 316.535, 316.545, 316.550, 316.70 FS. History–New 7-15-91, Amended 9-12-96, 8-7-03, 10-9-05, Formerly 14-87.0011.