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The cost of non-compliance
2022-08-30T05:00:00Z
A J. J. Keller analysis of recent enforcement data reveals the price that motor carriers are paying for failing to comply with federal safety regulations.
The following table shows the average fine that motor carriers paid for the top 15 violations* found during FMCSA investigations and audits from 2018–2021, including how common each violation was (its rank) and the top penalty paid by any company in that four-year span.
*NOTE: The list is based on all cited violations that resulted in a fine after an audit. Other common violations are not included if they did not result in a monetary penalty.
RANK | VIOLATION | CITATION | AVERAGE | TOP |
---|---|---|---|---|
1 | Using a driver before receiving a negative pre-employment drug test result. | 382.301(a) | $5,187 | $17,340 |
2 | Allowing or requiring someone to drive without a current, valid CDL or permit. | 383.37(a) | $3,280 | $17,190 |
3 | Making or allowing a driver to make a false report regarding duty status. | 395.8(e)(1) | $6,676 | $94,710 |
4 | Failing to require a driver to prepare a record of duty status using appropriate method. | 395.8(a)(1) | $5,550 | $72,900 |
5 | Failing to systematically inspect, repair, and maintain vehicles. | 396.3(a) | $4,269 | $15,040 |
6 | Failing to implement a random drug and/or an alcohol testing program. | 382.305 | $5,789 | $15,040 |
7 | Failing to maintain initial driving record in driver’s qualification file. | 391.51(b)(2) | $842 | $5,070 |
8 | Allowing or requiring unsafe operation of a commercial motor vehicle. | 396.7(a) | $2,982 | $14,730 |
9 | Failing to keep drivers’ records of duty status or supporting documents for 6 months. | 395.8(k)(1) | $4,206 | $19,530 |
10 | Failing to implement an alcohol and/or drug testing program. | 382.115(a) | $5,763 | $14,730 |
11 | Operating a CMV after refusing to undergo a new-entrant safety audit. | 385.337(b) | $2,775 | $12,550 |
12 | Using a CMV that was not periodically (annually) inspected. | 396.17(a) | $5,180 | $26,040 |
13 | Failing to keep minimum inspection and maintenance records. | 396.3(b) | $884 | $6,480 |
14 | Failing to conduct random drug testing at the applicable annual rate. | 382.305(b)(2) | $6,046 | $24,120 |
15 | Allowing or requiring a driver to operate a CMV after being disqualified or otherwise losing the right to drive. | 383.37(b) | $2,959 | $7,900 |