The Issue The issue for determination is whether the Commercial Motor Vehicle Review Board's decision in this matter is proper; a determination that necessarily requires a finding of whether Respondent is liable, in two separate instances, for payment of a civil penalty for commission of the infraction of interstate operation of a commercial motor vehicle without first obtaining a fuel use permit.
Findings Of Fact On November 18, 1990, Respondent was driving on Interstate Highway 95 (I-95) in a three axle truck powered by motor fuel. He stopped the vehicle at Petitioner's weigh station located on I-95 near Yulee, Florida. Petitioner's station law enforcement personnel observed that there was no fuel tax identification on the truck and no temporary fuel tax permit. Respondent was assessed a civil penalty by weigh station law enforcement personnel of $50 as a result of Respondent's failure to comply with the State of Florida's fuel tax registration requirements. He was also issued a 10 day temporary fuel tax permit for a fee of $45 to enable the vehicle to proceed from the weigh station. On December 4, 1990, Respondent was again driving on Interstate Highway 95 (I-95) in the same three axle truck. Again, he stopped the vehicle at Petitioner's weigh station located on I-95 near Yulee, Florida. Petitioner's station law enforcement personnel again observed that there was no fuel tax identification on the truck and no temporary fuel tax permit. Respondent informed station personnel that an application for the appropriate permit had been made, but offered no documentation to support this claim. Respondent was assessed another civil penalty by weigh station law enforcement personnel of $50 as a result of this second failure to comply with the State of Florida's fuel tax registration requirements. He issued a second 10 day temporary fuel tax permit for a fee of $45 to enable the vehicle to proceed from the weigh station. Respondent requested that the Commercial Motor Vehicle Review Board review the civil penalty assessment. Subsequently, the Board met on May 9, 1991, and reviewed the civil penalty assessed against Respondent on each occasion. The Board determined that a refund of the penalties paid by Respondent was not appropriate. By written request filed with Petitioner on June 10, 1991, Respondent requested a formal hearing regarding the propriety of the penalties assessed against him.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered confirming the imposition of two civil penalties of $50 each upon Respondent and affirming Respondent's two payments of $45 for the two fuel use permits received in conjunction with the assessment of the civil penalties. DONE AND ENTERED this 16th day of October, 1991, in Tallahassee, Leon County, Florida. DON W.DAVIS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Fl 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of October, 1991. Copies furnished: Jay O. Barber, Esq. Department Of Transportation 605 Suwannee Street Tallahassee, FL 32399-0450 Kenneth R. Koozer 5469 Riverbluff Circle Sarasota, FL 34231 General Counsel Department of Transportation 605 Suwannee Street Tallahassee, FL 32399-0450 Ben G. Watts Secretary Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0458
The Issue The issue in this case is whether, and to what extent, the Petitioner, the Department of Transportation (DOT), should penalize the Thurmond Investment Co. for the operation of a commercial motor vehicle it owns in excess of the maximum gross vehicle weight authorized by the declared weight of the vehicle, in violation of Section 316.545, Fla. Stat. (1989).
Findings Of Fact On October 18, 1990, Certified Movers, Inc., was operating a commercial motor vehicle owned by Thurmond Investment Co. on State Road 419 in White Springs, Seminole County, Florida. On January 5, 1990, the vehicle had been registered with a declared maximum gross vehicle weight of 14,750 pounds, and state taxes were paid for the classification of commercial motor vehicles up to 14,999 pounds. Under the declaration and payment of the appropriate tax, Thurmond was authorized to operate the vehicle at up to 14,999 pounds. On October 18, 1990, the vehicle still was registered with a declared maximum gross vehicle weight of 14,750 pounds, and Thurmond was authorized to operate the vehicle at up to 14,999 pounds. However, on October 18, 1990, the vehicle was being operated at a gross vehicle weight of 62,900 pounds. 3/ On October 25, 1990, Thurmond changed the weight declaration for the vehicle to 80,000 pounds (the weight declared when the vehicle was registered for the years prior to January 5, 1990.) There was no evidence why the declaration was reduced for the period between January 5 and October 24, 1990.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Transportation enter a final order upholding the $2,395.05 fine it assessed against Thurmond in this case. RECOMMENDED this 2nd day of October, 1991, in Tallahassee, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of October, 1991.
