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Top 10 Most Common FMCSA Driver Violations for 2023

The Federal Motor Carrier Safety Administration (FMCSA) roadside inspections of commercial motor vehicles (CMVs) and/or drivers are conducted by Motor Carrier Safety Assistance Program (MCSAP) inspectors. Roadside inspections ensure CMVs and drivers 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. Out-of-service orders must be corrected before the driver or vehicle can return to service. The FMCSA monitors 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.

Preforming a pre-trip inspection on a truck,Concept preventive maintenance truck checklist,Truck driver holding clipboard with checking of truck,spot focus.
Description of Violation
Violation Code
Number of OOS Orders
1.     Operating a CMV Without a CDL 383.23A2 53,317
2.     ELD – No Record of Duty Status (ELD Required) 395.8AELD 33,603
3.     False Report of Driver’s Record of Duty Status 395.8E 30,772
4.     No Record of Duty Status When One Is Required (ELD Not Required) 395.8ANONELD 13,075
5.     Driver Does Not Have a Valid Operator’s License for the CMV Being Operated 391.11B5DNL 8,569
6.     Driver Failing to Retain Previous 7 Days Records of Duty Status 395.8K2 8,298
7.     Operating a Property-Carrying Vehicle Without Possessing a Valid Medical Certificate. 391.41A1FPC 6,259
8.     Driver Operating a CMV Without Proper Endorsements or in Violation of Restrictions 391.11B4DEN 6,023
9.     Prohibited From Performing Safety Sensitive Functions Per 382.501(a) in the Drug and Alcohol Clearinghouse 390.3E 5,447
10.  False Record of Duty Status – Improper Use of Personal Conveyance Exception 395.8E1PC 4,855

 Source: Federal Motor Carrier Safety Administration. Design © 2023 Zywave, Inc.