Common FMCSA Compliance Violations and How to Avoid Fines

Why FMCSA Compliance Matters for Carriers

FMCSA rules are intended for the lives and property of the general public operating under Federal safety regulations. Non-compliance can result in possible:

• Civil penalties and monetary fines
• Lower CSA scores
• Increased roadside inspections
• DOT audits-Conduct of a hearing, investigation
• Suspension and/or revocation of operating authority

The very boundary that can be established between legal and illegal is this guideline: Compliance is not an option.

Most Common FMCSA Compliance Violations:

Hours of Service (HOS) Violations:

FMCSA violations of the Hours of Service are a highly reported aspect of FMCSA compliance.

The normal instances of an HOS violation include:

• Going over the daily or weekly driving limits
• Fraud with the logbooks or ELD log
• Failure to rest when mandatory
• Data recorded with inaccuracy or incompleteness

How to avoid fines:

• Use only ELDs approved by FMCSA
• Audit the logs of drivers on a regular basis
• Train drivers on HOS rules and updates
• Monitor driver driving time in real-time

Driver Qualification File (DQF) Problems:

It is a common and frequent discovery in DOT audits when the driver qualification files are absent or incomplete.

Common errors in DQFs:

• An expired certificate from the medical examiner
• Missing employment verification
• No MVR reviews annually
• Incomplete driver application forms

How to avoid fines:

• Keep active DQFs for all drivers
• Have routine file reviews
• Keep an ongoing check on document expiration dates
• Follow FMCSA standards for driver qualification

Vehicle Maintenance and Inspection Violations:

Vehicle maintenance refers to keeping one on the road, but then a bad vehicle will leave one off in an operational limbo.

Maintenance violations include:

• Malfunctional brake systems
• Tire wear has reached legal limits
• Fault lights for bulbs
• Missing DVIRs (Driver Vehicle Inspection Reports) or incomplete entry

How to Avoid Fines:

• Carry out regular preventive maintenance
• Keep inspection and repair records
• Instruct drivers correctly in completing the DVIR
• Repair the reported defects before wheels roll

Drug and Alcohol Testing Non-Compliance:

The drug and alcohol testing standards set by the FMCSA are to be strictly followed.

The most common violations are:

• Not completing the pre-employment test
• No records of random testing
• No post-accident testing
• No compliance in clearinghouse queries

How to avoid fines?

• Sign up for an FMCSA-compliant-testing program
• Make database queries for relevant clearances
• Maintain proper documentation of the testing results
• Educate drivers on the rules and regulations with regard to drug and alcohol misuse

Insurance and Financial Responsibility Violations:

This is an egregious violation of FMCSA; getting involved in any hauling activities without proper insurance coverage on your CDL.

Typical problems:

• Liability insurance expiration
• Filing the wrong policy-MCS-90
• Failure to keep changes updated on liability insurance

How to avoid these fines?

• Maintain your insurance coverage level as the minimum standard required by the FMCSA
• Monitor renewal dates of policies
• Check to make sure the filing is done accurately

Unified Carrier Registration (UCR) and HVUT Issues:

Administrative non-compliance exposes you to yet additional fines.

Here are the common errors:

• Failure to file UCR registration
• Late filing or non-ID of Heavy Vehicle Use Tax (HVUT)
• Incorrect representations of vehicle details

HVUT filings are usually done with IRS Form 2290. Some carriers use third-party platforms like Simple Truck Tax to e-file 2290 and pay tax dues for getting stamped Schedule 1, which is required for vehicle registration and other audits.

How to Avoid Fines:

• File UCR once a year
• Keep up on HVUT deadlines
• Keep prove of payments and stamped documents

How FMCSA Fines Are Assessed:

Penalties vary depending on the severity of violation:

• Violated rules
• The magnitude of non-compliance
• Involvement in an accident
• Audit findings

The penalty amount quickly skyrockets to hundreds of dollars all the way to about tens of thousands all depending on the level of fines per case.

Best Practices to Stay FMCSA Compliant:

To mitigate compliance risks and avoid fines

• Conduct internal audits periodically
• Keep well-organized physical and digital records
• Education for drivers and safety managers should be continuous
• It is very important to be updated on regulatory amendments proposed by FMCSA
• Please Address Violations after Inspection

Most of the FMCSA compliance violations are avoidable by, as well, an ample infrastructure of organization of systems, training, and documentation are in place. Any of the side acts, accidents, miles going void from the Hours of Service, malfunctioning brakes, lack of driver qualification files, or tax filings, could serve as evidence of a range of technical violations during inspection and say that,"Leave them alone".

By a detailed knowledge of the most common FMCSA violations and by using proactive measures pertaining to compliance, carriers will get that much closer to lesser penalties, have their authority saved, and epitomize a high safety rating in this industry.