---
kind: "section"
citation: "49 C.F.R. § 107.310"
title: "49"
number: "107.310"
heading: "Ticketing."
url: "https://uscodex.org/cfr/49/107.310"
---

# §107.310. Ticketing.

- (a) For an alleged violation that does not have a direct or substantial impact on safety, the Associate Administrator may issue a ticket.
- (b) The Associate Administrator issues a ticket by mailing it by certified or registered mail to the person alleged to have committed the violation. The ticket includes:
  - (1) A statement of the facts on which the Associate Administrator bases the conclusion that the person has committed the alleged violation;
  - (2) The maximum penalty provided for by statute, the proposed full penalty determined according to PHMSA's civil penalty guidelines and the statutory criteria for penalty assessment, and the ticket penalty amount; and
  - (3) A statement that within 45 days of receipt of the ticket, the person must pay the penalty in accordance with [paragraph (d)](#d) of this section, make an informal response under [§ 107.317](/cfr/49/107.317.md), or request a formal administrative hearing under [§ 107.319](/cfr/49/107.319.md).
- (c) If the person makes an informal response or requests a formal administrative hearing, the Associate Administrator forwards the inspection report, ticket and response to the Office of the Chief Counsel for processing under [§§ 107.307-107.339](/cfr/49/107.307-107.339.md), except that the Office of the Chief Counsel will not issue a Notice of Probable Violation under [§ 107.311](/cfr/49/107.311.md). The Office of the Chief Counsel may impose a civil penalty that does not exceed the proposed full penalty set forth in the ticket.
- (d) Payment of the ticket penalty amount must be made in accordance with the instructions on the ticket.
- (e) If within 45 days of receiving the ticket the person does not pay the ticket amount, make an informal response, or request a formal administrative hearing, the person has waived the right to make an informal response or request a hearing, has admitted the violation and owes the ticket penalty amount to PHMSA.

## Notes

### Amendments

[Amdt. 107-36, 61 FR 7183, Feb. 26, 1996, as amended at 66 FR 45377, Aug. 28, 2001]

### Source

Source: Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 Section 4; Pub. L. 104-121 Sections 212-213; Pub. L. 104-134 Section 31001; Pub. L. 114-74 Section 701 (28 U.S.C. 2461 note); 49 CFR 1.81 and 1.97; 33 U.S.C. 1321.

### Amendments

[Amdt. 107-36, 61 FR 7183, Feb. 26, 1996, as amended at 66 FR 45377, Aug. 28, 2001]