Under Indiana Code 9-20-18-14.5(b), a person (or company) who obtains an OSW permit and violates Indiana Code 9-20 (including violation of permit guidelines) is subject to a civil penalty of not more than $500 for the first violation and not more than $1,000 for each subsequent violation.

Under Indiana Code 9-20-18-14.5(c), a person (or company) who transports vehicles or loads under Indiana Code 9-20 and fails to obtain the required permit(s) is subject to a civil penalty not more than $5,000 for each violation.

Civil penalties are:

• • Imposed on the person (or company) whose USDOT number is registered on the vehicle transporting the load; and
• • In addition to any fines and/or penalties that may have been separately assessed under Indiana law by law enforcement or a court.

Customers who receive a proposed assessment letter for OSW violations from DOR Motor Carrier Services (MCS) have 60 days from the date of the proposed assessment letter to pay in full or protest the assessment. Details on how to pay or submit a protest are contained in the proposed assessment letter.

Settlement agreements may be available by contacting the DOR’s Legal Division at OSWsettlement@dor.in.gov within 60 days of the date of the proposed assessment letter. Initiating settlement negotiations with DOR does not remove a customer’s right to protest within 60 days of the date of the proposed assessment letter.

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