Most-Cited FMCSA Safety Violations

What is the FMCSA?

The Federal Motor Carrier Safety Administration (FMCSA) regulates and monitors the commercial motor vehicle industry. The FMCSA’s rules and regulations are designed to mitigate incidents of crashes, injuries, and fatalities that involve large trucks and buses. Although every motor vehicle carrier company and its drivers are responsible for maintaining safety at all times, violations are far too common. From driving while intoxicated to speeding and more, here are the most common FMCSA violations that occur on U.S. roads every day.

The FMCSA Code of Federal Regulations

Smaller passenger vehicles are no match for large semi-trucks and buses, so when bus or truck drivers fail to adhere to FMCSA rules, the consequences of these two vehicles colliding are most often highly devastating with catastrophic injuries.

According to the FMCSA’s Code of Federal Regulations:

“§ 392.2 Applicable operating rules: Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated. However, if a regulation of the Federal Motor Carrier Safety Administration imposes a higher standard of care than that law, ordinance, or regulation, the Federal Motor Carrier Safety Administration regulation must be complied with.”

Here are the most common violations associated with driving a commercial motor vehicle (CMV):

Moving Violations

Moving violations are traffic offenses committed while a vehicle is in motion, and the FMCSA cites the following as the most common:

• Speeding
• Tailgating (following too close behind another vehicle)
• Making improper lane changes
• Driving recklessly (weaving in and out of traffic, abruptly cutting off other drivers)
• Making improper turns
• Failing to yield to the right of way
• Improperly crossing railroad grades
• Failing to obey traffic signals
• Driving under the influence of drugs
• Driving while in possession of intoxicating beverage (non-cargo)

Safety Precaution Violations

From having extra blind spots to maneuvering wide turns, truckers have many more safety concerns than other drivers. The FMCSA names the following top violations that pose safety concerns for everyone on the road:

• Failing to wear a seatbelt
• Using a hand-held mobile device while operating a CMV
• Having unauthorized passengers on board the CMV
• Failing to properly secure vehicle equipment or cargo load
• Drivers failing to conduct pre-trip inspections
• Failing to use the proper placement of warning devices

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At McGinn Montoya Love Curry & Sievers PA, our attorneys have a strong track record of success in helping truck accident victims recover the compensation they deserve. We understand the devastating consequences that a large truck accident can bring. We make it our mission to do everything to help our clients obtain justice. We diligently investigate accidents to ensure we have the best evidence to strengthen a case. We leave no stone unturned.

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Cited Sources:

National Archives and Records Administration: Code of Federal Regulations: Ҥ 392.2 Applicable operating rules
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-392/subpart-A/section-392.2

The Motor Carrier Safety Planner: 6.3.12 Common Violations
https://csa.fmcsa.dot.gov/safetyplanner/MyFiles/SubSections.aspx?ch=23&sec=68&sub=174