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The 10 Most Common FMCSA Driver Violations During the 2022 Fiscal Year

The Federal Motor Carrier Safety Administration (FMCSA) roadside inspections are examinations of commercial motor vehicles (CMVs) and/or drivers conducted by Motor Carrier Safety Assistance Program (MCSAP) inspectors. MCSAP inspectors conduct roadside inspections on CMVs and drivers to check that they are in compliance with the Federal Motor Carrier Safety Regulations and Hazardous Materials Regulations.

If an inspection results in a serious violation, the driver is issued an out-of-service (OOS) order. These violations must be corrected before the driver or vehicle can return to service. The FMCSA keeps a close eye on the most common violations committed by CMV drivers. This data can be used to help CMV drivers stay safe and keep businesses in compliance with the rules of the road. Here are the 10 most common OOS orders issued for driver violations during the 2022 fiscal year.

Description of Violation

Violation Code

Number of OOS Orders

1.     Commercial driver’s license violation

383.23(a)(2) 49,858

2.     False report of driver’s record of duty status

395.8(e) 39,229

3.     ELD: No record of duty status (ELD required)

395.8A-ELD 38,208

4.     No record of duty status when one is required (ELD not required)

395.8A-NON-ELD 14,138

5.     General qualifications of drivers violation

391.11(b)(4) 9,155

6.     Driver failing to retain previous seven days’ records of duty status

395.8(k)(2) 9,015

7.     Driver does not have a valid operator’s license for the CMV being operated

391.11B5-DNL 8,448

8.     False record of duty status—Improper use of Personal Conveyance Exception

392.8(e)(1)PC 5,599

9.     Physical qualifications for drivers violation

391.41(a)(1) 5,519
10.   Prohibited from performing safety-sensitive functions per 382.501(a) in the Drug and Alcohol Clearinghouse



Source: Federal Motor Carrier Safety Administration. Design © 2022 Zywave, Inc.