Knowing the difference between acute FMCSA violations and critical FMCSA violations can help you avoid steep federal fines.
During Federal Motor Carrier Safety Administration (FMCSA) safety reviews, auditors look for violations of the Federal Motor Carrier Safety Regulations (FMCSRs). All FMCSA violations are classified as acute or critical, depending on their nature and severity level.
What are Acute Violations?
Acute violations, as defined by FMCSA, are so severe that they require immediate corrective action. Failing to implement an alcohol and/or controlled substances testing program is an example of an acute violation.
What are Critical Violations?
FMCSA views a critical violation as a sign of poor safety control management. Failing to require a driver to make a record of duty status is an example of a critical violation.
The Top Acute & Critical FMCSA Violations of 2024
The tables below, which list the top 10 critical and acute violations for Fiscal Year (FY) 2024, provide a snapshot of the most commonly cited FMCSA violations. Reviewing these tables closely will help you learn from the mistakes of other companies, and give you the opportunity to correct potential DOT compliance issues before they are discovered during a DOT audit or other federal safety review.
Top 10 Critical Violations for FY2024
| Violation Code | Violation Description | |
| 1 | 395.8E1 | False reports of records of duty status |
| 2 | 395.8A1 | Not using the appropriate method to record hours of service |
| 3 | 382.301A | Using a driver before receiving a pre-employment result |
| 4 | 395.3A2 | Requiring or permitting driver to drive after 15 hours on duty |
| 5 | 383.37A | Allowing Driver to Operate with Suspended/Revoked/etc. CDL |
| 6 | 391.51B2 | Inquiries into driving record not kept in DQ file |
| 7 | 395.3A3I | Driving beyond 11 hour driving limit in a 14 hour period. (Property Carrying Vehicle) |
| 8 | 395.8K1 | Failing to preserve supporting documents for 6 months |
| 9 | 382.305B1 | Failing to do random alcohol test at applicable annual rate |
| 10 | 382.305B2 | Failing to do random drug tests at applicable annual rate |
Top 10 Acute Violations for FY2024
| Violation Code | Violation Description | |
| 1 | 383.37A | Allowing driver to drive with suspended/revoked/etc. CDL |
| 2 | 382.115A | Failing to implement an alcohol and/or drug testing program |
| 3 | 382.3052 | Failing To Randomly Test For Drugs And/Or Alcohol |
| 4 | 382.215 | Using a driver who has tested positive for a drug |
| 5 | 383.37B | Allowing driver with more than one CDL to drive a CMV |
| 6 | 387.7A | No proof of financial responsibility - Freight Carrier |
| 7 | 382.309 | Using a driver who has not completed a return-to-duty process |
| 8 | 390.35 | Fraudulent record(s) |
| 9 | 396.9C2 | Operating an out-of-service vehicle |
| 10 | 382.211 | Using a driver who refused to take drug / alcohol test |
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