Top 5 roadside violations & how to avoid them
Updated: Jan 10
Commercial driving can be a challenging profession with significant responsibilities, especially when it comes to understanding and complying with the multitude of safety regulations that govern these operations. With so many rules to follow, even seasoned drivers can make mistakes that lead to roadside violations.
On a recent episode of the Drive podcast by HandledNow, I had the privilege of addressing some of the top regulatory violations incurred by drivers and, more important, how they can avoid them. Catch the replay of the episode below, if you're interested. In this article, we'll dig even deeper into the top 5 violations discovered roadside and offer some practical tips for staying out of the crosshairs.
According to Federal Motor Carrier Safety Administration (FMCSA) enforcement data (available here), certain types of violations occur more frequently roadside than others. What follows is a list of the top violations and tips for avoiding them.
1. Hours of Service (HOS) Violations
The Hours of Service regulations are crucial for preventing fatigue among commercial drivers by capping the hours driven without a break. HOS violations can occur when drivers exceed these limits, falsify their records, or simply fail to properly document their hours using the appropriate method. These issues regularly result in fines, out-of-service orders, DOT audits, and even highway accidents. In fact, around 20% of all commercial driver violations are linked to HOS infractions.
Tips to Avoid HOS Violations
Know who is regulated: In our experience, so many HOS violations stems from drivers and fleets just not understanding who is regulated and required to comply with the HOS regulations. As a general rule, if you operate a commercial motor vehicle (CMV), then you are subject to the HOS regulations. That said, certain exemptions, like the short-haul exemption, may relieve you from some of the more onerous aspects of the rules. The important part is that you take a minute to understand whether your operations are subject to the regulations. Here's a handy guide to help you make that assessment:
Keep an accurate log: Always maintain a precise log of your driving hours. Use electronic logging devices (ELDs) when applicable. Logs should be completed contemporaneously throughout the work day rather than at the end of the day or later in the week. Failing to keep logs up to date frequently leads to violations roadside. Also, drivers must be sure to certify the accuracy of their logs each day.
Understand regulatory nuances: According to FMCSA enforcement data, log falsifications are one of the top violations discovered roadside and in audits. In many cases, these falsifications stem from the driver's or carrier's misunderstanding of applicable rules and guidance, including most notably, personal conveyance. Failing to properly log your duty status can lead to log falsification violations, which carry significant weight on the carrier's CSA scores and the driver's PSP report. Check out our detailed breakdown of personal issues conveyance here. Also, if you're interested, check out our in-depth online course dedicated specifically to HOS regulations.
2. Vehicle Maintenance Violations
Neglecting vehicle maintenance can lead to serious safety risks. The FMCSA reports that maintenance violations are often attributable to issues like skipping or pencil whipping pre-trip inspections or failing to complete necessary repairs. As of the date of this article, the national average vehicle out-of-service rate is 22%, meaning that nearly a quarter of all commercial vehicles operating in the U.S. are operating with a serious maintenance violation.
Tips to Avoid Maintenance Violations
Conduct Thorough Pre-Trip Inspections: Before hitting the road, drivers must inspect their equipment (trucks and trailers) carefully. Drivers must check essential components like brakes, lights, tires, and fluid levels to spot issues early and avoid potential issues down the line. Any issues discovered that are likely to affect the safe operation of the vehicle must be properly documented on a Driver Vehicle Inspection Report (DVIR) and rectified before the vehicle moves.
Maintain Maintenance Records: Another top maintenance violation that occurs roadside is failing to have documentation that the vehicle and/or trailer has passed the required annual DOT inspection. Carriers and their drivers must keep either a copy of the inspection report or a sticker on the truck to prove that their equipment has been properly and timely inspected. Carriers should also be maintaining records of all preventative maintenance performed on their vehicles. Check out our other article in which we discuss the ins and outs of DOT maintenance files.
Develop a Maintenance Schedule: If they haven't already, fleets must develop and adhere to a regular vehicle maintenance schedule based on the manufacturer's recommendations, which can help avoid roadside maintenance problems.
3. Seat Belt Violations
Wearing a seat belt is one of the easiest and most effective ways to stay safe while driving. Despite its importance, violations for failing to wear seat belts remain common among commercial drivers. According to FMCSA data, roughly 14% of commercial truck drivers do not consistently use seat belts, which can lead to serious injuries in accidents as well as regulatory violations.
Tips to Avoid Seat Belt Violations
Make Buckling Up a Habit: From the moment you start your engine, ensure you and any passengers buckle up. This should be non-negotiable.
Promote Seat Belt Use: For their part, carriers should regularly preach the significance of seat belts with their drivers. Cultivating a safety-conscious environment can encourage compliance.
Leverage Technology: If your fleet utilizes in-cab cameras, use them to identify drivers who are not buckling up and take appropriate remedial action.
4. Speeding Violations
Speeding is an extremely common violation written up roadside. According to the FMCSA, speeding contributes significantly to accidents and can lead to FMCSA enforcement in the form of elevated CSA scores and fines. In fact, speeding violations accounted for nearly 10% of all commercial driving violations last year.
Tips to Avoid Speeding Violations
Know Your Speed Limits: Make it a point to familiarize yourself with speed limits on your regularly traveled routes. Pay attention to changing speed limit signs to stay compliant.
Use Cruise Control Carefully: When suitable, utilize cruise control to maintain a consistent speed and minimize the temptation to exceed limits.
Plan for Traffic: Allow extra time for your trips to avoid feeling rushed. By anticipating traffic conditions, you can reduce the urge to speed.
Hold Each Other Accountable: Fleets must hold their drivers accountable for speeding, including through progressive discipline. And drivers should hold fleets accountable for dispatching them in ways that encourage them to speed.
5. Licensing Issues
Driving with an improper or downgraded/suspended license is a persistent problem in the industry. CDL violations account for a significant percentage of roadside violations.
Tips to Avoid Licensing Violations
Understand What Type of License You Need: Too often licensing violations stem from drivers and carriers just not understanding what type of license or endorsement is required to operate the types of vehicles they operate. For example, if you only hold a standard operator's license but end up pulling a large trailer that pushes the combination weight beyond 26,000 lbs., you likely need a CDL. This is a very common problem, and the solution is to educate yourself on the various license types and when you need them. Check out our article on the topic here.
Make Sure You Have All Necessary Endorsements: If you hold a CDL, you should understand that certain types of specialized equipment require you to also hold endorsements to your CDL. School buses, tanker vehicles, hazmat, passenger-carrying vehicles, doubles/triples, just to name a few.
Watch Out for License Restrictions: Occasionally drivers will have certain restrictions on their licenses that prohibit them from engaging in certain conduct. Failing to adhere to these restrictions regularly lead to regulatory violations. For example, failing to wear corrective lenses when required, operating interstate when restricted to intrastate, and driving a manual transmission when restricted to automatics are common suspects.
Final Thoughts
Operating commercial vehicles is inherently dangerous and highly regulated. By understanding the most common violations and how to avoid them, drivers can significantly reduce the risk of incidents on the road.
Implementing these strategies not only helps you avoid penalties but also contributes to a safer driving environment for everyone. Safe driving is about more than compliance; it’s about protecting lives and ensuring the longevity of your career. By staying informed and committed to safety, commercial drivers can enhance their performance and responsibility on the road.
About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.