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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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