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The Most Common FMCSA Violations

The Federal Motor Carrier Safety Administration is responsible for enforcing various rules. Truck drivers or companies that violate their federal laws can face stiff penalties and other consequences. Proof of violations can also help you prove negligence in your truck accident case.

Five Most Common FMCSA Violations

According to the Federal Motor Carrier Safety Administration, the five most common FMCSA violations are:

  1. False Report of Driver’s Record of Duty Status

Under 49 CFR 395.8(e), truck drivers are prohibited from falsifying records regarding their on- or off-duty status. They can be cited with this violation for falsification of records, as well as for disabling, deactivating, or otherwise blocking electronic logging devices that track their time.

  1. No Record of Duty Status (ELD Required)

A violation of 49 CFR 395.8(a) occurs when a truck driver or company fails to track a driver’s status when an electronic logging device is required.

  1. Inoperable Required Lamp

49 CFR 393.9 requires truck drivers to have lamps on trucks that are capable of operating at any time. It is also a violation of this regulation to have a load cover lights.

  1. Operating a Commercial Motor Vehicle Without a Commercial Driver’s License

49 CFR 383.23(a)(2) requires commercial motor vehicle drivers to carry a valid license at all times.

  1. Operating a Commercial Motor Vehicle Without Proof of a Periodic Inspection

Commercial motor vehicles must be inspected at least once a year. Trucking companies must obtain a periodic inspection evidencing that they have complied with this requirement under 49 CFR 396.17(c).

Out-of-Service Orders

FMCSA roadside inspections examine commercial motor vehicles for possible violations of Federal Motor Carrier Safety Regulations and Hazardous Materials Regulations. If an inspection determines there is a serious violation, the driver is issued an out-of-service (OOS) order, which requires the driver to correct it before they can return to service.

According to the FMCSA, the most common violations that result in OOS orders in 2022 include:

Type of Violation Violation Code Number of Violations
Failure to obey traffic control device 392.2(c) 65,675
Speeding 6-10 miles per hour over the speed limit 392.2-SLLS2 63,561
False report of driver’s record of duty status 395.8(e) 60,856
Failing to use a seat belt while operating a commercial motor vehicle 392.16 53,638
Operating a commercial motor vehicle without a CDL 383.23(a)(2) 51,401
Lane restriction violation 392.2LV 41,531
Operating a property-carrying vehicle without possessing a valid medical certificate 391.41(a)(1) 40,375
No record of duty status (ELD required) 395.8A-ELD 40,061
Miscellaneous traffic law violation 392.2MI 39,607
Record of duty status violation 395.8 39,263
No medical certificate in the driver’s possession 391.41(a) 31,293
Speeding 11-14 miles per hour over the speed limit 392.2-SLLS3 30,826

Contact a Truck Accident Lawyer to Learn More About Your Legal Rights

If you were injured in a truck accident and suspect negligence was involved, a truck accident attorney from The Doan Law Firm can help. We can thoroughly investigate your case, review previous violations, gather strong evidence to prove your claim, and fight for the full and fair compensation you deserve. Call us today to learn more about your legal rights and options during a free case review.

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