SEPTEMBER 5, 2019 -Three of the top violations of 2019 are related to compliance issues with Part 383 of the Federal Motor Carrier Safety Regulations. These regulations are in place to protect the safety of the roadways by ensuring that all commercial motor vehicle drivers are properly licensed and have the knowledge and skills required of the job.
In our new ebook, “DOT Audit Survival Guide: 10 Common Compliance Traps and How to Avoid Them,” we break down the most common reasons why carriers receive violations, as well as steps you can take to keep your business compliant. To download the full ebook, please click here.
Violation #1: Allowing a Driver to Operate with a Suspended/Revoked/Etc. CDL (383.37(a))
It probably goes without saying that a driver must have a valid license to operate a motor vehicle on public roadways. As the data shows, however, that doesn’t mean that drivers are always compliant with this law. In fact, it’s one of the most common reasons for a violation, accounting for 34 percent of acute violations in 2019 so far.
Not only does operating with a suspended or revoked CDL result in an automatic out-of-service order, but it can result in hefty fines for the motor carrier, as well. According to an analysis of closed enforcement cases for 2019, the average amount settled for cases involving a violation of 383.37(a) was $8,951.
Violation #2: Allowing a Driver With More Than One CDL to Drive a CMV (383.37(b))
Part 383 of the federal regulations states that “No person who operates a commercial motor vehicle shall at any time have more than one driver’s license.” [383.21]
Although states are supposed to perform a check to ensure that a driver doesn’t have a CDL in another state prior to granting a driver’s license, the system isn’t perfect and drivers are sometimes able to secure a second, valid CDL. It happens frequently enough, that it was the fourth most common violation in 2019. The cost to motor carriers for drivers caught driving with multiple CDLs is $8,047 per case.
Violation #3: Driving a CMV While Disqualified From Holding a CDL (383.51(a))
The third most common violation in Part 383 is driving a commercial motor vehicle while being disqualified from holding a CDL. The reason for disqualification may include a driver who was under the influence of alcohol or a controlled substance, leaving the scene of an accident, using the vehicle to commit a felony, or making improper or erratic traffic lane changes.
According to 2019 closed enforcement case data, the average fine amount for carriers who were found to have employed a driver who was disqualified from holding a CDL was $7,264.
Although Part 383 violations were common this year, there are simple steps you can take to avoid them. To learn more about the top violations of 2019, as well as simple steps you can take to audit-proof your business, please click here to download our free ebook.
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