Top Critical and Acute Violations for Fleets: Insights and Solutions
In 2024, compliance with Federal Motor Carrier Safety Regulations (FMCSRs) remained a critical challenge for fleets across the industry. During a webinar sponsored by National Interstate and Vanliner Insurance, industry experts Brandon Wiseman from Trucksafe Consulting and Timothy Henry from Haul Compliance shared their insights on the most common violations and offered practical strategies for addressing them. This article includes a summary of the key takeaways, or catch the full replay below.
Understanding FMCSA Enforcement Trends
Although the Federal Motor Carrier Safety Administration (FMCSA) has been relatively quiet on rulemaking in recent years, enforcement has remained vigorous. In 2024, nearly three million commercial motor vehicle roadside inspections were conducted, resulting in over 530,000 out-of-service violations for drivers and vehicles. These violations not only disrupt operations but also significantly increase the risk of FMCSA audits and compliance reviews.
The FMCSA conducted over 11,000 investigations of motor carriers in 2024, uncovering nearly 11,000 critical and acute violations. These violations, defined as the most serious breaches of the FMCSRs, can lead to downgraded safety ratings, hefty fines, and even operational shutdowns, as we discussed in detail in another article.
The Stakes of Critical and Acute Violations
Critical and acute violations pose severe consequences for fleets. A single acute violation or a pattern of critical violations (10% or more of a sample) can negatively impact a carrier's safety rating. Fleets with unsatisfactory ratings face fleetwide shutdowns, while those with conditional ratings may struggle with lost business opportunities and increased insurance premiums.
Beyond regulatory consequences, these violations can significantly impact legal liability. In accident litigation, documented violations can be used to portray a fleet as negligent, increasing the likelihood of punitive damages.
Top Critical Violations in 2024
According to FMCSA data from 2024, the following represent the top critical violations discovered by the agency in its compliance reviews:
Speeding Violations:
The most common critical violation noted in audits, despite being discovered roadside
Recommendation: Implement strict policies and monitoring systems to reduce speeding incidents.
False Records of Duty Status:
Often tied to misuse of personal conveyance or unidentified driving time.
Recommendation: Educate drivers on personal conveyance rules, limit its use, and implement robust controls for electronic logging devices (ELDs).
Failure to Use ELDs Properly:
Drivers not using required ELDs to track hours of service.
Recommendation: Ensure all drivers are trained and consistently use compliant ELDs. Check out our article on the Top 5 ELD Pitfalls and How to Avoid Them.
Pre-Employment Drug Testing Noncompliance:
Allowing drivers to operate before receiving a verified negative drug test.
Recommendation: Establish strict pre-employment protocols and use the FMCSA Drug and Alcohol Clearinghouse.
Missing Driving Records in DQ Files:
Failing to maintain inquiries into driving records.
Recommendation: Conduct initial and annual motor vehicle record (MVR) checks and maintain comprehensive driver qualification (DQ) files. Check out our article on what must be included in a compliant DQ file.
Top Acute Violations in 2024
Driving with Invalid CDL:
Operating with a suspended, revoked, or downgraded CDL.
Recommendation: Use continuous license monitoring services to identify issues promptly.
Lapsed Annual Inspections:
Operating vehicles without up-to-date annual inspections.
Recommendation: Maintain a centralized system to track inspection due dates and address gaps.
No DQ Files:
Missing documentation in driver files.
Recommendation: Audit DQ files regularly and utilize technology to streamline compliance.
Addressing Log Falsifications
Log falsifications, particularly tied to personal conveyance misuse and unidentified driving time, remain a major issue. Strategies to mitigate this include:
Limiting personal conveyance to specific durations (e.g., one hour per day).
Educating drivers on acceptable uses of personal conveyance.
Implementing procedures to assign unidentified driving time promptly.
Enhancing Compliance through Technology
Technology plays a critical role in ensuring compliance and reducing violations. Haul's AI-powered platform integrates with systems like ELDs and license monitoring services to provide real-time insights into driver and vehicle compliance. Key features include:
Automatic alerts for expiring licenses, medical cards, and inspections.
Integration with the FMCSA Drug and Alcohol Clearinghouse to streamline pre-employment checks.
Tools to analyze CSA scores and identify patterns of risk.
Proactive Steps for Fleets
.As we head into 2025, here are some tips for fleets to avoid some of the most common regulatory pitfalls:
Audit Critical and Acute Violations:
Regularly review the FMCSA’s list of critical and acute violations to ensure compliance.
Leverage Technology:
Invest in systems that centralize compliance data and automate monitoring processes.
Focus on Driver Education:
Provide ongoing training on FMCSRs, personal conveyance rules, and company policies.
Enhance Record-Keeping:
Maintain meticulous records of driver qualifications, inspections, and drug testing results.
Develop Preventive Maintenance Programs:
Go beyond annual inspections to implement robust maintenance protocols.
Conclusion
By understanding and addressing critical and acute violations, fleets can minimize regulatory risks and improve operational efficiency. Leveraging technology, educating drivers, and maintaining comprehensive records are essential components of a successful compliance strategy. Fleets should also regularly review their processes and stay informed about FMCSA enforcement trends to remain ahead of potential challenges.
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.