Top 25 driver, vehicle, and hazmat violations of 2018
By: Daren Hansen
Publication: Transportation Regulatory Alert
Date Posted: 07/12/2019
With widespread use of electronic logging devices (ELDs), 2018 saw a steep decline in hours-of-service violations since the prior year, according to the latest government figures.
Violations for “logs not current,” “log form & manner,” the 14-hour rule, and the 30-minute break requirement were all reduced by more than half. Overall, there were 3.5 million roadside inspections performed on commercial trucks and buses in 2018, with nearly 60 percent resulting in at least one violation.
Being familiar with those violations can help drivers and motor carrier avoid them.
The following tables list the top violations of driver- and vehicle-related motor carrier safety and hazardous materials regulations as cited during roadside inspections in 2018, as well as:
The percentage of those violations that resulted in an out-of-service (OOS) order for the driver or vehicle (there were nearly 1 million OOS violations in all); and
The severity points assigned to each violation in the Compliance, Safety, Accountability (CSA) system.
Also included is a list of the top violations categorized as “other,” consisting primarily of violations of state and local laws. These violations generally have no effect on CSA scores. There were 1 million such violations in 2018.
The data is derived from a snapshot of the Federal Motor Carrier Safety Administration’s Motor Carrier Management Information System as of June 28, 2019. The numbers can change as the agency receives additional data.
Top 25 Driver Violations
Rank
Code
Description
Violations
OOS
CSA Points
1
392.2S
Speeding
130,720
0.02%
1-10
2
391.41(a)
Driving without a valid medical certificate
85,243
10.9%
1
3
395.8
Log violation: general/form and manner
81,032
0.96%
1
4
392.16
Failing to use seat belt
60,483
0.02%
7
5
392.2C
Failure to obey traffic control device
53,990
0.01%
5
6
383.23(a)(2)
Operating a CMV without a CDL
38,665
98.1%
8
7
395.22(a)
Operating with an electronic log that is not registered with FMCSA
36,488
2.7%
5
8
392.2LV
Lane-restriction violation
35,688
0.03%
3
9
395.8(e)
False log(s)
31,648
77.9%
7
10
395.8(f)(1)
Driver’s log not current
30,647
1.1%
5
11
395.8(a)
No log(s) in driver’s possession
23,131
87.5%
5
12
392.82(a)(1)
Using a hand-held mobile phone while driving
20,388
0.04%
10
13
395.3(a)(3)(ii)
Driving beyond 8-hour limit since the end of the last 30-minute rest break
20,108
0.23%
7
14
395.8(a)ELD
No logs when ELD is required
18,286
92.3%
5
15
395.3(a)(2)
Driving beyond 14-hour duty period
16,315
37.9%
7
16
395.22(h)(4)
No supply of blank logs when using ELD
16,208
0.01%
1
17
395.22(h)(2)
No ELD instruction sheet
15,124
0.01%
1
18
395.8(k)(2)
Failing to retain previous 7 days’ logs
13,854
88%
5
19
395.22(h)(1)
No ELD user’s manual
13,711
0.03%
1
20
391.11(b)(5)
Driver lacking valid license or endorsement(s) for vehicle type
12,631
95.6%
8
21
395.15(g)(1)
No instructions for using AOBRD
11,975
0.01%
1
22
395.22(g)
Portable ELD not mounted in a fixed position visible to the driver
11,302
0.06%
1
23
395.3(a)(3)
Driving beyond 11-hour driving limit
10,820
33.4%
7
24
395.24(d)
ELD cannot transfer logs electronically
10,508
1.7%
0
25
391.11(b)(2)
Non-English-speaking driver
10,492
0.25
4
Top 25 Vehicle Violations
Rank
Code
Description
Violations
OOS
CSA Points
1
393.9
Required lamp(s) not operable
493,675
7.6%
2
2
396.5(b)
Oil and/or grease leak
189,164
7.8%
3
3
393.47(e)-(f)
Brake(s) out of adjustment
186,141
0.02%
4
4
396.17(c)
Operating a CMV without periodic inspection
176,162
0.02%
4
5
396.3(a)(1)
General inspection/repair/maintenance
145,559
13.4%
2
6
393.95(a)
Fire extinguisher violation
142,073
0.01%
2
7
393.45(b)(2)
Brake hose/tubing chaffing and/or kinking
136,563
11.8%
4
8
393.75(c)
Tire tread depth less than 2/32 of an inch
124,210
8.1%
8
9
393.9TS
Inoperative turn signal
120,485
44.8%
6
10
393.11
No/defective lighting/reflective devices
116,027
4%
3
11
396.3(a)(1)B
Brakes (general)
109,320
23.3%
4
12
393.53(b)
Defective or no automatic brake adjuster
92,614
0%
4
13
393.78
Windshield wipers inoperative/defective
89,303
0.6%
1
14
393.75(a)(3)
Tire flat and/or with audible air leak
84,181
96.6%
8
15
393.55(e)
Malfunctioning ABS lamps, towed CMV manufactured after 3/1/1998
79,358
0.01%
4
16
393.95(f)
Warning devices missing/insufficient
69,162
0.01%
2
17
393.48(a)
Inoperative/defective brakes
65,901
21.6%
4
18
393.9H
Inoperative head lamps
62,274
1.2%
6
19
393.60(c)
Windshield damaged or discolored
53,132
0.2%
1
20
393.9T
Inoperative tail lamp
47,848
11.4%
6
21
393.45
Brake tubing and hose adequacy
39,506
60.9%
4
22
393.25(f)
Stop lamp violations
38,061
36.6%
6
23
393.75(a)(2)
Tire tread and/or sidewall separation
37,367
13.3%
8
24
393.83(g)
Exhaust leak under truck cab and/or sleeper
34,210
3.1%
1
25
393.43
No or improper breakaway or emergency braking
33,740
88.3%
8
Top 25 Hazardous Materials Violations
Rank
Code
Description
Violations
OOS
CSA Points
1
177.834(a)
Package not secure in vehicle
4,444
95.4%
10
2
107.620(b)
No copy of USDOT hazmat registration number
3,123
0.1%
0
3
177.817(e)
Shipping paper accessibility
2,665
0.5%
3
4
177.817(a)
No shipping papers (carrier)
2,326
74.7%
3
5
172.516(c)(6)
Placard damaged, deteriorated, or obscured
2,267
1.2%
5
6
172.504(a)
Vehicle not placarded as required
2,116
49.6%
5
7
177.823(a)
No placards/markings when required
1,940
37.7%
5
8
172.502(a)(1)
Failing to provide carrier required placards
1,772
16%
5
9
172.602(c)(1)
Maintenance/accessibility of emergency response information
1,392
0%
3
10
172.600(c)
Emergency response information not available
1,184
0.1%
3
11
172.200(a)
Offering HM without preparing a shipping paper
903
47.3%
3
12
172.202(b)
Failing to enter basic description of HM in proper sequence
794
0%
3
13
173.24(b)(1)
Release of HM from package
794
92.6%
10
14
172.328(d)
Failing to mark manual remote shutoff device
751
0%
5
15
172.602(a)
Emergency response information missing
744
0%
3
16
177.801
Accepting/transporting HM not prepared properly
685
21.3%
2
17
180.415(b)
Cargo tank test or inspection markings
643
0.3%
7
18
107.601
Failing to register with PHMSA prior to transporting HM
617
0.2%
0
19
172.400(a)
Package/containment not labeled as required
579
1.2%
5
20
180.407(a)
Transporting HM in a specification tank with expired inspections/tests
504
1.0%
7
21
172.202(a)(2)
Improper shipping name on shipping paper
470
1.7%
3
22
173.24(f)(1)
Packaging closures open or leaking
427
87.1%
10
23
172.602(b)
Form and manner of emergency response information
416
0%
3
24
172.202(a)(5)
Failing to enter total quantity of HM on shipping paper
414
0.2%
3
25
177.834(j)
Manholes and valves not closed or leak free
375
90.1%
4
Top 25 “Other” Violations
Rank
Code
Description
Violations
OOS
1
392.2RG
State vehicle registration or license plate violation
194,050
0.1%
2
392.2
Operating vehicle in violation of local/state laws
122,408
3.4%
3
390.21(b)
Failing to mark CMV with name and/or USDOT#
78,376
0.1%
4
392.2SLLEWA1
Excessive weight: 1-2,500 lbs over on an axle/axle groups
73,851
0.9%
5
392.2W
Size and weight
71,596
0.3%
6
392.2MI
Miscellaneous traffic law violation
46,666
0.9%
7
390.21(a)
Vehicle not marked in accordance with regulations
44,620
0.1%
8
392.2DIM
Dimension violation (width/height/length)
33,223
2.1%
9
392.2IRP
IRP apportioned tag or registration violation
31,457
0.3%
10
392.2SLLEWA2
Excessive weight: 2,501-5,000 lbs over on an axle/axle groups
30,675
0.7%
11
392.2FT
State or international fuel tax (IFTA) violation
26,513
0.03%
12
392.2AU
State operating authority violation
23,820
5.6%
13
392.2UCR
Failure to pay UCR fee
22,757
0.1%
14
392.2IN
State insurance violation
22,651
0.1%
15
392.2SLLS1
Speeding 1-5 MPH over the speed limit
21,094
0.02%
16
392.2DL
Miscellaneous driver’s license violation
18,240
13.1%
17
392.2SLLEWA3
Excessive weight: more than 5,000 lbs over on axle/axle groups
18,209
0.6%
18
392.2SLLEWG3
Excessive weight: more than 5,000 lbs over on gross weight
15,705
0.5%
19
392.2SLLEWG1
Excessive weight: 1-2,500 lbs over on allowable gross weight
11,366
0.1%
20
392.9BANOREG
Operating in interstate commerce without a USDOT registration
11,349
5.5%
21
392.2SLLEWG2
Excessive weight: more than 2,501-5,000 lbs over gross weight
8,678
0.5%
22
392.9a(a)(1)
Operating motor vehicle w/o required operating authority
8,467
89.6%
23
390.19(b)(2)BIENNIAL
Failure to file biennial FMCSA registration update
7,182
0.6%
24
392.9BAINACTIVE
Operating in interstate commerce without an active USDOT number
5,631
52.1%
25
390.19(a)(1)
Failing to file MCS-150 before operating
5,611
0.2%
2018 CMV Roadside Enforcement by the Numbers
3.5 million roadside inspections
5.9 million violations recorded
0.7% increase in violations since 2017
6 in 10 inspections resulted in a violation
3.4 million truck inspections, 1.7 violations/inspection
120,000 bus/limo/van inspections, 0.7 violations/inspection
DRIVERS:
3.4 million inspected
993,000 violations recorded
187,800 Out-of-Service violations
VEHICLES:
2.4 million inspected
3.9 million violations recorded
755,000 Out-of-Service violations
HAZMAT:
202,000 roadside inspections
43,800 violations
11,300 Out-of-Service violations
PENALTIES:
$34.3 million collected from…
4,533 closed enforcement cases
$7,557 average settlement
16% decrease in money collected vs. 2017
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