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DOT Driver Qualification Files Violations & Penalties

(as of March 2022)

 

Violations related to the creation and maintenance of Driver Qualification Files have accounted for a whopping 20 percent of acute and critical violations for the past five years.

The most common issue that leads to these penalties? Simple record-keeping errors.

From not maintaining an annual list of traffic violations to incomplete employment applications, many of these violations are easily avoidable with the right compliance management solution in place.

 

Violation Relevant   Code Maximum Penalty Amounts Examples of Actual Penalties
Permitting a driver to operate without a valid license (or incorrect license class)

391.11(b)(5)  

$34,712

(min. of $6,269)

 A carrier in New Brunswick, NJ was fined $9,210 in late 2021 for violating code 391.11(b)(5).
Operating a commercial motor vehicle while disqualified 391.15(a) $6,269 A carrier in Hannibal, NY was fined $4,310 in late 2021 for violating code 391.15(a).
Not having a complete, DOT-compliant employment application on file for each driver 391.21(a) $1,388 daily up to $13,885 A carrier in Hope, BC was fined $600 in late 2015 for violating code 391.21(a).
Failing to perform a Safety Performance History on one or more drivers 391.23(a) $16,864 A carrier in Nescopeck, PA was fined $5,780 in early 2018 for violating code 391.23(a).
Failing to obtain and/or review a driver’s motor vehicle report every 12 months  

391.25

 $16,864 A carrier in Auburn, GA was fined $5,160 in early 2017 for violating code 391.25.
Failing to maintain a copy of the driver’s MVR in the driver qualification file 391.25(c)(1) $1,388 daily up to $13,885 A carrier in Stone Mountain, GA was fined $640 in early 2022 for violating code 391.25(c)(1).
No medical certificate in the driver’s possession 391.41(a) $1,388 daily up to $13,885 A motor carrier in Raritan, NJ was fined $1,010 in early 2022 for violating code 391.41(a).
Having an expired medical examiner’s certificate 391.45(b) $16,864 A motor carrier in Charlotte, NC was fined $6,030 in early 2022 for violating code 391.45(b).
Failing to maintain a driver qualification file for each driver 391.51(a) $11,956 A motor carrier in San Diego, CA was fined $720 in early 2022 for violating code 391.51(a).
Failing to keep a copy of the driver’s medical certificate in the driver qualification file 391.51(b)(7) $1,388 daily up to $13,885 A motor carrier in Perth Amboy, NJ was fined $1,010 in early 2022 for violating code 391.51(b)(7).
Failing to keep a driver qualification file for 3 years after an employee’s termination 391.51(c) $11,956 A carrier in San Diego, CA was fined $620 in late 2019 for violating code 391.51(c).

 

How Fines are Calculated

Using the guidelines above, inspectors will levy financial penalties for violations based on the following:

  • How likely it was that the violator was aware of the issue
  • Their ability to pay
  • The seriousness of the violation

 

 How Can Foley Help You?

The Foley platform maintains up-to-date and secure records for all of your DOT compliance programs – helping to ensure that you have everything needed if an auditor comes calling. Fill out the form to schedule your free software demo now.

 

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