During Federal Motor Carrier Safety Administration (FMCSA) safety reviews, auditors are looking for violations of the Federal Motor Carrier Safety Regulations (FMCSRs). All violations are classified as either Acute or Critical. Acute violations, as defined by FMCSA, are so severe that they require immediate corrective action. Failing to implement an alcohol and/or controlled substances testing program is an example of an Acute violation. Meanwhile, FMCSA views a Critical violation as a sign of poor safety control management. Failing to require a driver to make a record of duty status is an example of a Critical violation.
The tables below, which list the top 10 Critical and Acute violations for Fiscal Year (FY) 2009, provide a snapshot of the most commonly cited carrier violations. Reviewing these tables closely will help you learn from the mistakes of other carriers, and give you the opportunity to correct potential compliance issues before they are discovered during an audit or other safety review. We’ve included the violation code and description so that you can look up the applicable regulation in the most recent quarterly edition of the Federal Motor Carrier Safety Regulation Book or online at FMCSA’s website.
Top 10 Acute Violations for FY2009
| Violation Code | Violation Description | |
| 1 | 382.115A | Failing to Implement an Alcohol and/or Drug Testing Program |
| 2 | 382.305 | Failing to Implement Random Controlled Substance or Alcohol Testing Program |
| 3 | 387.7A | Inadequate or No Financial Responsibility |
| 4 | 172.880B | Transporting Hazardous Materials Without a Security Plan |
| 5 | 383.37A | Allowing Driver to Operate with Suspended/Revoked/etc. CDL |
| 6 | 382.215 | Using a Driver Who Has Tested Positive for a Drug |
| 7 | 391.11A | Using an Unqualified Driver |
| 8 | 391.11B41 | Using a Physically Unqualified Driver |
| 9 | 390.35 | Requiring, Permitting or Making False Statements or Records |
| 10 | 387.31A | Bus – Inadequate or No Financial Responsibility |
Top 10 Critical Violations for FY2009
| Violation Code | Violation Description | |
| 1 | 396.11A | Failing to Require Driver to Prepare Vehicle Inspection Report |
| 2 | 395.8A | No Drivers Record of Duty Status |
| 3 | 382.301A | Using a Driver Before Receiving a Pre-Employment Result |
| 4 | 391.51B2 | Inquiries into Employment Record Not Kept in Diver Qualification File |
| 5 | 396.17A | Using a CMV not Periodically Inspected |
| 6 | 395.8E | False Report of Drivers Record of Duty Status |
| 7 | 395.8K1 | Retention of Driver’s Record of Duty Status |
| 8 | 382.305B2 | Failing to Do Random Drug Tests at Applicable Annual Rate |
| 9 | 396.3B | Failing to Keep Minimum Records of Inspection and Maintenance |
| 10 | 395.81 | Failing to Submit Record of Duty Status within 13 day |