Protesting a Commercial Vehicle Citation
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The Commercial Motor Vehicle Review Board (hereinafter Review Board) may review any penalty imposed upon any vehicle or person relating to weights imposed on the highways by the axles and wheels of motor vehicles, special fuel and motor fuel tax compliance, commercial motor vehicle registration, or violation of safety regulations. Note: The information and materials in this site are provided by the Florida Highway Patrol as a convenience to those using this site. While effort is made to provide accurate and current information, FHP does not warrant that the information and materials are free from error. Review Board Members: The Review Board is composed of three permanent members who are the Secretary of Transportation, the Executive Director of the Department of Highway Safety and Motor Vehicles, and the Commissioner of Agriculture or their representatives. The Chairman of the Board is the Secretary of Transportation or his designee. While the Board usually meets with all three members, a hearing with fewer members is legal and proper. Duty of the Review Board: The Review Board shall consider testimony or other evidence which supports modification, cancellation, or revocation of penalties imposed pursuant to Section 316.545 or 316.3025, Florida Statutes. The Review Board has broad statutory authority to grant or deny relief; however the Review Board does not sit as an adjudicatory body. Therefore a petitioner's assertions of fact may be considered by the Review Board, but the Review Board will not decide contested facts. Bond Requirement: The Review Board will not hear a protest unless the penalty is timely paid or a good and sufficient bond is posted. To be considered timely, a citation must be paid and a request for hearing must be filed within sixty (60) days of receipt of the penalty. Surety bond form - 1994-09-01 (pdf file size 9KB) How to Appeal a Citation A written explanation of the grounds for protest must be provided to the Review Board along with a copy of the protested citation. The explanation should contain sufficient information to enable the Review Board to give adequate consideration to your case. E-Mail for additional assistance. Review Board Hearing Attendance: It is not necessary for you or someone representing you to be present at the Review Board hearing. Your written explanation will be adequate. While attendance is not mandatory, it will provide the petitioner the opportunity to respond to Review Board inquiries into subjects that the petitioner may have overlooked when drafting his appeal. Also, appearance by telephone or other electronic means is not available. 2011 Meeting Schedule:
Listed below are the dates and locations for the 2010 Board Meetings. The meetings are held once a month at a location determined by the Review Board. The Review Board reserves the right to change the meeting times and places, and such changes might not be reflected by the published schedule. Therefore, the petitioner should contact the Executive Secretary to obtain an up-to-date schedule. Persons with pending appeals are notified of the place and time of their hearing. Upon filing a timely and sufficient hearing request, the Review Board will provide notice of the hearing date and location. Where to File: Commercial Motor Vehicle Review Board DOT Lt. Jeff Frost The Review Board's Executive Assistant can be contacted for information on date, time, and location of Review Board meetings. The Public Affairs Officer can be contacted for guidance in complying with the law. Impounds and Terminal Audits: The Review Board may grant a hearing to an owner whose vehicle has been impounded for nonpayment prior to the penalty being paid and without a bond being posted provided that a request for hearing is timely filed with the Executive Secretary. You may protest the findings of the terminal audit and the resulting penalty to the Commercial Motor Vehicle Review Board by certified mail within ten working days from the date of the assessment. If you protest the assessment in a timely manner, no payment is necessary until the Review Board has rendered a decision. If you do not wish to protest to the Review Board, this penalty is due within ten working days from the date of the assessment. If the payment is made within ten working days, or if the protest is filed in a timely manner, no further enforcement action will be taken until the case is heard by the Review Board and a decision is rendered by the Review Board. If a payment is not made or a protest is not filed in a timely manner, you may be subject to further enforcement action which may result in the impoundment of vehicles found operating on the highway. Decisions: The Review Board renders its decision within 30 days after the meeting at which the review is made and notifies the person of its decision, in writing. Review Board decisions are delivered by U.S. Mail. Pursuant to Rule 14A-1.004(7), Florida Administrative Code, the Review Board's decision is final. Rehearing: A rehearing may be requested if additional evidence is presented, pursuant to a request from the Review Board. You may request a rehearing by filing such a request within fifteen (15) days of the date of the disposition letter of the Review Board's decision
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