Responding to a Notice of Probable Violation

Article Summary

1. A DOT Notice of Probable Violation (NOPV) is serious but can be addressed strategically.
2. The NOPV triggers a strict 30-day deadline to respond.
3. Under 49 CFR §107, you may admit the violation, submit an informal response, or request a hearing.
4. Failing to respond waives your right to contest the allegations.
5. Unanswered notices allow the Chief Counsel to impose penalties or orders.
6. Carefully review whether the alleged violations are factually accurate.
7. Evaluate whether the cited regulations were correctly interpreted.
8. Gather documentation that supports your compliance position.
9. Professional consultation can strengthen your response strategy.
10. A well-prepared response can mitigate penalties and protect your operations.
11. Identifying corrective actions demonstrates proactive compliance.
12. The enforcement process can become an opportunity to strengthen safety programs.
13. Expert support helps analyze, respond to, and strategically navigate NOPV proceedings.

A Notice of Probable Violation (NOPV) from the DOT is serious—but it’s not the end of the road. This formal notice outlines alleged violations and potential penalties, and it starts a strict 30-day countdown for your response.

Your Options Under 49 CFR Part 107, Subpart D

Within 30 days of receiving the NOPV, you can:

1. Admit the violation under §107.315.
2. Submit an informal response under §107.317.
3. Request a hearing under §107.319.

If you don’t respond, you waive your right to contest the allegations. The Chief Counsel can then issue orders or penalties as outlined in the notice.

Strategies for a Strong Response

• Review the alleged violations carefully—are they factually accurate?
• Consider whether the cited regulation was interpreted correctly.
• Gather documentation that supports your position.
• If necessary, work with a consultant to prepare your response or represent your case.

How HSC Can Support You

We help clients:

• Analyze the NOPV for accuracy and regulatory interpretation.
• Prepare persuasive written responses or hearing strategies to mitigate penalties.
• Identify corrective actions that mitigate penalties.
• Turn the enforcement process into a catalyst for stronger safety programs.

Questions about your specific situation? Book a call with our expert today!