The Federal Motor Carriers Safety Administration (FMCSA) combines all of the violations from every audit and roadside inspection from each state and from there they are able to combine all results and give the top ten violations nationally.
The first, and most common, violation is 392.2 Applicable Operating Rules. This is a very general violation and most of the time falls under breaking specific state laws. These state laws could be speeding, following too closely, lane violations, careless driving or other traffic infractions that aren't specifically cited in the Federal Motor Carrier Safety Regulations (FMCSRs).
Second, 395.8(e)1 False Logs. Even with the creation of Electronic Logging Devices (ELDs), false log violations are still at the top of the violation field. The majority of these are causes by Personal Conveyance, failure to login, failure to assign unassigned drive time, disconnecting and even creating duplicate/fake accounts.
Third, 382.701(A) Pre-Employment Query Required. If there has not been any pre-employment quires, complete them now. NEVER BACKDATE QUERIES!! Backdating pre-employment queries will get you in more trouble than not having them at all. Ensure that all your drivers are registered in the FMCSA Clearinghouse and consult with your Third Party Administrator (TPA) to determine roles and responsibilities in the Clearinghouse.
Special Note: Many TPA’s are not handling or processing any queriers or registrations within the FMCSA Clearinghouse, even if they have registered as a C/TPA within the Clearinghouse. As the DER, you must communicate with your service and plan accordingly.
The fourth most common violation is 382.701(B)1 Annual Query Required. Similar to the Pre-Employment Queries, the Annual Limited Queries must be completed at least once annually, hence the name. If you find that your company has not completed these, run them ASAP. There is nothing that can be done about the passed missed years, but if you start now, at least you have a starting point.
Fifth, 382.711(B) Clearinghouse Registration. When the Clearinghouse was first introduced on January 6th, 2020, many carriers and drivers tried to complete the initial registration and were locked out due to an overwhelming amount of traffic to the website. The FMCSA website was crashed and down for days, and the carriers that were locked out have since forgotten to complete the registration process. The process itself takes two days.
Sixth, 395.89(A)1 No Record of Duty Status. No Record of Duty Status is cited whenever a carrier cannot produce a proper form of an hours-of-service record for their drivers. The majority of these violations are for inappropriate use of the Short Haul Exceptions or for Non-CDL regulated drivers. This could be time records not meeting the standard requirements or drivers not qualifying for the short haul exception failing to complete a driver's record of duty status.
Seventh, 396.3(b)2 Repair Records Required. All maintenance and repairs on commercial vehicles needs to be documented in that vehicle's file. The majority of these violations are for misfiling or lack of documentation all together. Maintenance technicians must properly document all repairs to vehicles with the date the repair was completed, who completed it and then properly file it.
Eighth, 395.3(a)2 14-hour Period. No driver shall work more than 14 consecutive hours, unless otherwise stated in a FMCSA exemption. Nothing extends the 14-hour day unless working in oilfield operations or if driver is utilizing the sleeper berth.
Ninth, 382.301(a) Pre-employment Testing. Prior to performing safety sensitive functions for an employer for the first time, all drivers must be tested for controlled substances. The results must be given to the employer prior to them operating a vehicle for the company as well.
Finally, the tenth most common violation nationwide, 395.8(f) Proper Logbook. Similar to the False Log violation, 395.8(e), many carriers are still struggling with the use of ELDs or just not using them at all. The majority of these are causes by Personal Conveyance, failure to login, failure to assign unassigned drive time, disconnecting and even creating duplicate/fake accounts.
For further breakdown and more information about the violations please click here.
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