RISK INSIGHTS
Transportation & Warehousing
When investigating a motor carrier, a Safety Investigator (SI) looks at driver history for egregious violations of the Federal Motor Carrier Safety Regulations (FMCSRs).These violations are sometimes referred to as Red Flag Violations and are always investigated as part of a carrier investigation. At present, there are 16 such violations, which are outlined in the accompanying table, along with the Behavior Analysis and Safety Improvement Categories (BASICs) to which they correspond.Twelve of the 16 violations fall into the Driver Fitness BASIC. Make sure your drivers know that these are a main focus for SIs while conducting roadside inspections. Carriers that hire and employ drivers with at least one of these violations on their record will be closely watched by the FMCSA and may be inspected more often as a result.For more information on Red Flag Violations, contact The Horton Group, Inc. today.
|
BASIC |
FMCSR Part |
Violation Description |
| Driver Fitness | 383.21 | Operating a commercial motor vehicle (CMV) with more than one driver’s license |
| Driver Fitness | 383.23(a)(2) | Operating a CMV without a valid commercial driver’s license (CDL) |
| Driver Fitness | 383.51(a) | Driving a CMV (CDL) while disqualified |
| Driver Fitness | 383.51A-SIN | Driving a CMV while CDL is suspended for a safety-related or unknown reason and in the state of driver’s license issuance |
| Driver Fitness | 383.51A-SOUT | Driving a CMV while CDL is suspended for safety-related or unknown reason and outside the state of driver’s license issuance. |
| Driver Fitness | 383.91(a) | Operating a CMV with improper CDL group |
| Driver Fitness | 391.11 | Unqualified driver |
| Driver Fitness | 391.11(b)(5) | Driver lacking valid license for type of vehicle being operated |
| Driver Fitness | 391.11(b)(7) | Driver disqualified from operating CMV |
| Driver Fitness | 391.15(a) | Driving a CMV while disqualified |
| Driver Fitness | 391.15A-SIN | Driving a CMV while disqualified. Suspended for safety-related or unknown reason and in the state of driver’s license issuance. |
| Driver Fitness | 391.15A-SOUT | Driving a CMV while disqualified. Suspended for a safety-related or unknown reason and outside the state of driver’s license issuance. |
| Controlled Substances/Alcohol | 392.4(a) | Driver uses or is in possession of drugs |
| Controlled Substances/Alcohol | 392.5(a) | Possession/use/under influence of alcohol less than 4 hours prior to duty |
| Fatigued Driving (HOS) | 395.13(d) | Driving after being declared out-of-service (OOS) |
| Vehicle Maintenance | 396.9(c)(2) | Operating an OOS vehicle |
Edited 9/5/2013
Material posted on this website is for informational purposes only and does not constitute a legal opinion or medical advice. Contact your legal representative or medical professional for information specific to your legal or medical needs.
