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The 12 Red Flag Violations for FMCSA Carrier Investigations

According to FMCSA (Federal Motor Carrier Safety Administration), they always investigate these 12 violations during a carrier investigation and the list can change at any time.  Any driver violations identified and addressed during carrier investigations that are not corrected may result in a driver Notice of Violation or Notice of Claim.

Violation Description and FMCSR (Federal Motor Carrier Safety Regulation)

  1. Operating a commerical motor vehicle (CMV) with more than one driver’s license – 383.21
  2. Operating a CMV without a valid commercial driver’s license (CDL) – 383.23 (a)(2)
  3. Driving a CMV (CDL) while disqualified – 383.51 (a)
  4. Operating a CMV with improper CDL group – 383.91(a)
  5. Unqualified driver – 391.11
  6. Driver lacking valid license for type of vehicle being operated – 391.11(b)(5)
  7. Driver disqualified from operating CMV – 391.11(b)(7)
  8. Driving a CMV while disqualified – 391.15(a)
  9. Driver uses or is in possession of drugs – 392.4(a)
  10. Possession/use/under influence of alcohol less than 4 hours prior to duty – 392.5(a)
  11. Driving after being declared out-of-service (OOS) – 395.13(d)
  12. Operating an OOS vehicle – 396.9(c)(2)
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