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%	8
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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