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AMPS Penalty C381 - Highway


AMPS penalty C381 is based on whether the CBSA was provided a timely update on information which changed in a carrier's ACI declaration.  CBSA relies on receiving updates to determine whether the shipment presents a risk and for this is a reason carriers are required to provide the updates as soon as they are known. 

A first level offense penalty is $500. A second level offense penalty is $750 and a 3rd level offense is $1500 per incident.  This penalty also includes a 30 day escalation clause where CBSA will not issue a second level penalty until 30 days have transpired after the initial Notice of Penalty Assessment was issued or the infraction occurred.  The 30 day escalation clause does not apply between the second and third level penalties.


Changes and amendments are expected if the ACI manifest or a shipment declaration's information changes after the original submission or after any subsequent change or amendment up until and including changes at delivery.  Some of the most common changes / amendments may include:

  • Estimated Time of Arrival /Estimated Date and Time of Arrival to the conveyance to the Canadian border
  • The consignee's address / location
  • Delivery addresses / location
  • Changes in a shipment's piece count (i.e. overage and shortage) based on the piece count

 Note: In some instances carriers may be required to submit multiple changes and amendments on the same shipment.


CBSA has provided a few examples of non-compliance within the AMPS publication.  One of the examples highlighted ETA / EDTA not within the required time frame. 


The business rules revolving around the declared ETA state:  An estimated time of arrival (ETA) at the FPOA , which must be as accurate as possible. A time zone qualifier may be specified in the message.  (If a zone qualifier is not provided eastern time will be used.) Note: A change to the conveyance report is needed if the ETA is 30 minutes (or more) earlier, or if the ETA is 8 hours (or more) then what is stated on the original conveyance report.  I would suggest a carrier's practice should be to update their ETA if the conveyance may arrive at the first port of arrival 30 (or more) minutes earlier than the the original ETA, or more than 8 hours (or more) later than your current ETA / EDTA.


Carriers should note it is quite common to have an incorrect ETA / EDTA which may subject them to an AMPS penalty.  Enroute delays are common and carriers should introduce robust protocols to ensure their ETA's meet the business rule requirements. 


To assist carriers with meeting the business rules eManifest Express has incorporated warning flags into the software based on a trip's current ETA's exceeding the 8 hour window.  If you would like to learn more about the eManifest Express software, participate in a demonstration, subscribe to the service or partake in a 30 day no obligation trial contact eManifest Express.


CBSA had issued a number of penalties prior to May 29, 2017 before introducing an Interim Turnaround Policy CN 17-19.  Between May 30, 2017 and November 3, 2020 CBSA allowed carriers to return to the United States if they didn't comply with the ACI requirements and highway carriers who still crossed were subject to AMPS penalties. A graph below indicates the number of penalties and amounts issued to carriers in all modes between January 1, 2016 and June 30, 2020.