Part 386 — Rules of Practice for FMCSA Proceedings
49 CFR Part 386: The procedural rules for contesting FMCSA violations, penalties, and enforcement actions.
Selling a commercial truck? We buy nationwide, any condition, any DOT status.
Sell My TruckOverview
49 CFR Part 386 establishes the rules of practice for administrative proceedings before FMCSA — in other words, it governs the formal process for contesting violations, civil penalties, and enforcement actions that FMCSA brings against carriers, drivers, and other regulated entities.
When FMCSA issues a Notice of Claim (civil penalty) or other enforcement action, the respondent has the right to contest it. Part 386 sets the timelines for filing a response, the procedures for requesting a hearing, the standards of proof that apply, and the appeals process. Understanding this framework is essential for any carrier that wants to challenge an FMCSA action rather than simply pay the penalty.
Part 386 also covers the procedures for out-of-service orders and imminent hazard determinations, which can be issued by FMCSA with immediate effect and without prior notice. These emergency enforcement tools are subject to expedited challenge procedures under Part 386, allowing affected parties to seek rapid review of orders that stop their operations.
Key Provisions
- Sets timelines and procedures for contesting FMCSA civil penalties and enforcement actions.
- Governs formal administrative hearings before FMCSA hearing officers.
- Covers procedures for challenging out-of-service orders and imminent hazard determinations.
- Sets appeal rights and procedures for challenging initial agency decisions.
- Defines the burden of proof standards in FMCSA enforcement proceedings.
Why It Matters to Truck Owners
Every carrier should know that FMCSA enforcement actions are not automatic — they can be contested through the Part 386 process. Civil penalties are often reduced or eliminated through the hearing process, especially when the carrier can demonstrate good-faith compliance efforts or procedural errors in the original inspection. If you receive a Notice of Claim, filing a timely response under Part 386 is far better than ignoring it.
Frequently Asked Questions
Can I contest an FMCSA civil penalty?
Yes — Part 386 gives carriers and drivers the right to contest FMCSA civil penalties by filing a written response within 30 days of the Notice of Claim. You can request an informal conference to negotiate, or a formal hearing before an FMCSA hearing officer. Many penalties are reduced or resolved through this process.
How do I contest an FMCSA out-of-service order?
Imminent hazard out-of-service orders can be challenged through an expedited review process under Part 386. Because these orders stop operations immediately, the challenge process moves on a compressed timeline. You should contact an attorney experienced in FMCSA proceedings immediately if you receive an out-of-service order.
What happens if I ignore an FMCSA Notice of Claim?
Ignoring a Notice of Claim within the response window typically results in a default judgment against the carrier for the full penalty amount. The penalty then becomes a final order and can be collected by the federal government through standard debt collection procedures, including referral to the Department of Justice.
Read the official legal text: 49 CFR Part 386 — eCFR.gov (official)
Related Federal Trucking Laws
- Part 385 — Safety Fitness Procedures
- Part 381 — Waivers, Exemptions, and Pilot Programs
- Motor Carrier Safety Improvement Act of 1999
This page is provided for informational purposes only and is not legal advice. Always verify current requirements at fmcsa.dot.gov or with a qualified transportation attorney.
Ready to Sell Your Commercial Truck?
No inspections. No compliance hassle. We buy trucks in any condition, in all 50 states.
Sell My Truck