['Compliance, Safety, Accountability CSA', 'Enforcement - DOT']
['Compliance reviews - Motor Carrier', 'Compliance, Safety, Accountability CSA']
02/12/2026
Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
...
Critical regulations are those identified as such where non-compliance relates to management and/or operational controls. These are indicative of breakdowns in a carrier’s management controls.
Scope
These regulations apply to all motor carriers, drivers, and commercial motor vehicles (CMVs) that transport property or passengers in interstate commerce.
Regulatory citations
- 49 CFR 385, Appendix B, VII — List of Acute and Critical Regulations
Key definitions
- Commercial motor vehicle (CMV): A self-propelled or towed motor vehicle used on a highway, in interstate commerce, that meets any one of the following criteria:
- Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or
- Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
- Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
- Is transporting hazardous materials of a type or quantity which requires placarding.
Summary of requirements
Patterns of non-compliance with critical regulations are quantitatively linked to inadequate safety management controls and usually higher than average accident rates. The following are considered critical regulations:
| Regulatory citation | Description |
|---|---|
| 382.301(a) | Using a driver before the motor carrier has received a negative pre-employment controlled substance test result |
| 382.303(a) | Failing to conduct post accident testing on a driver for alcohol |
| 382.303(b) | Failing to conduct post accident testing on a driver for controlled substances |
| 382.305(b)(1) | Failing to conduct random alcohol testing at an annual rate of not less than the applicable annual rate of the average number of driver positions |
| 382.305(b)(2) | Failing to conduct random controlled substances testing at an annual rate of not less than the applicable annual rate of the average number of driver positions |
| 382.503 | Allowing a driver to perform safety sensitive function, after engaging in conduct prohibited by Subpart B, without being evaluated by substance abuse professional,as required by 382.605 |
| 382.605 | Failing to subject a driver who has been identified as needing assistance to at least six unannounced follow-up drug and/or alcohol tests in the first 12 months following the driver’s return-to-duty in accordance with 49 CFR 40.307 |
| 383.23(a) | Operating a commercial motor vehicle without a valid commercial driver’s license |
| 387.7(d) | Failing to maintain at principal place of business required proof of financial responsibility |
| 387.31(d) | Failing to maintain at principal place of business required proof of financial responsibility for passenger vehicles |
| 390.15(b)(2) | Failing to maintain copies of all accident reports required by state or other governmental entities or insurers |
| 391.45(a) | Using a driver not medically examined and certified |
| 391.45(b) | Using a driver not medically examined and certified during the preceding 24 months |
| 391.51(a) | Failing to maintain driver qualification file on each driver employed |
| 391.51(b)(2) | Failing to maintain inquiries into driver’s driving record in driver’s qualification file |
| 391.51(b)(6) | Failing to maintain medical examiner’s certificate in driver’s qualification file |
| 392.2 | Operating a motor vehicle not in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated |
| 392.6 | Scheduling a run which would necessitate the vehicle being operated at speeds in excess of those prescribed |
| 392.9(a)(1) | Requiring or permitting a driver to drive without the vehicle’s cargo being properly distributed and adequately secured |
| 395.1(h)(1)(i)(A) | Requiring or permitting a property-carrying commercial motor vehicle driver to drive more than 15 hours (Driving in Alaska). |
| 395.1(h)(1)(i)(B) | Requiring or permitting a property-carrying commercial motor vehicle driver to drive after having been on duty 20 hours (Driving in Alaska) |
| 395.1(h)(1)(i)(C) | Requiring or permitting a property-carrying commercial motor vehicle driver to drive after having been on duty more than 70 hours in seven consecutive days (Driving in Alaska) |
| 395.1(h)(1)(i)(D) | Requiring or permitting a property-carrying commercial motor vehicle driver to drive after having been on duty more than 80 hours in eight consecutive days (Driving in Alaska) |
| 395.1(h)(2)(i) | Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive more than 15 hours (Driving in Alaska) |
| 395.1(h)(2)(ii) | Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive after having been on duty 20 hours (Driving in Alaska) |
| 395.1(h)(2)(iii) | Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive after having been on duty more than 70 hours in seven consecutive days (Driving in Alaska) |
| 395.1(h)(2)(iv) | Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive after having been on duty more than 80 hours in eight consecutive days (Driving in Alaska) |
| 395.1(o) | Requiring or permitting a short-haul property-carrying commercial motor vehicle driver to drive after having been on duty 16 consecutive hours |
| 395.3(a)(1) | Requiring or permitting a property-carrying commercial motor vehicle driver to drive without taking an off-duty period of at least 10 consecutive hours prior to driving |
| 395.3(a)(2) | Requiring or permitting a property-carrying commercial motor vehicle driver to drive after the end of the 14th hour after coming on duty |
| 395.3(a)(3)(i) | Requiring or permitting a property-carrying commercial motor vehicle driver to drive more than 11 hours |
| 395.3(a)(3)(ii) | Requiring or permitting a property-carrying commercial motor vehicle driver to drive if more than eight hours of driving time have passed without a consecutive interruption in driving status of at least 30 minutes, either off-duty, sleeper berth, or on-duty not driving |
| 395.3(b)(1) | Requiring or permitting a property-carrying commercial motor vehicle driver to drive after having been on duty more than 60 hours in seven consecutive days |
| 395.3(b)(2) | Requiring or permitting a property-carrying commercial motor vehicle driver to drive after having been on duty more than 70 hours in eight consecutive days |
| 395.5(a)(1) | Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive more than 10 hours |
| 395.5(a)(2) | Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive after having been on duty 15 hours |
| 395.5(b)(1) | Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive after having been on duty more than 60 hours in seven consecutive days |
| 395.5(b)(2) | Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive after having been on duty more than 70 hours in eight consecutive days |
| 395.8(a)(1) | Failing to require a driver to prepare a record of duty status using appropriate method |
| 395.8(a)(2)(ii) | Failure to require a driver to submit record of duty status |
| 395.8(e)(1) | Making, or permitting a driver to make, a false report regarding duty status |
| 395.8(k)(1) | Failing to preserve a driver’s record of duty status or supporting documents for six months |
| 395.11(b) | Failing to require a driver to submit supporting documents |
| 395.11(c) | Failing to retain types of supporting documents as required by 395.11(c) |
| 395.11(e) | Failing to retain supporting documents in a manner that permits the effective matching of the documents to the driver’s record of duty status |
| 395.11(f) | Altering, defacing, destroying, mutilating, or obscuring a supporting document |
| 396.3(b) | Failing to keep minimum records of inspection and vehicle maintenance |
| 396.11(a) | Failing to require driver to prepare driver vehicle inspection report |
| 396.17(a) | Using a commercial motor vehicle not periodically inspected |
| 397.7(a)(1) | Parking a motor vehicle containing Division 1.1, 1.2, or 1.3 materials within fove feet of traveled portion of highway or street |
| 397.7(b) | Parking a motor vehicle containing hazardous material(s) other than Division 1.1, 1.2, or 1.3 materials within five feet of traveled portion of highway or street |
| 397.13(a) | Permitting a person to smoke or carry a lighted cigarette, cigar or pipe within 25 feet of a motor vehicle containing Class 1 materials, Class 5 materials, or flammable materials classified as Division 2.1, Class 3, Divisions 4.1 and 4.2 |
| 397.19(a) | Failing to furnish driver of motor vehicle transporting Division 1.1, 1.2, or 1.3 (explosive) materials with a copy of the rules of Part 397 and/or emergency response instructions |
| 397.67(d) | Requiring or permitting the operation of a motor vehicle containing explosives in Class 1, Divisions 1.1, 1.2, or 1.3 that is not accompanied by a written route plan |
| 171.15 | Carrier failing to give immediate telephone notice of an incident involving hazardous materials. |
| 171.16 | Carrier failing to make a written report of an incident involving hazardous materials |
| 172.704(a)(4) | Failing to provide security awareness training |
| 172.704(a)(5) | Failing to provide in-depth security awareness training |
| 177.800(c) | Failing to instruct a category of employees in hazardous materials regulations |
| 177.817(a) | Transporting a shipment of hazardous materials not accompanied by a properly prepared shipping paper |
| 177.817(e) | Failing to maintain proper accessibility of shipping papers |
| 177.823(a) | Moving a transport vehicle containing hazardous material that is not properly marked or placarded |
| 180.407(a) | Transporting a shipment of hazardous material in cargo tank that has not been inspected or retested in accordance with 180.407 |
| 180.407(c) | Failing to periodically test and inspect a cargo tank |
| 180.415 | Failing to mark a cargo tank which passed an inspection or test required by 180.407 |
| 180.417(a)(1) | Failing to retain cargo tank manufacturer’s data report certificate and related papers, as required |
| 180.417(a)(2) | Failing to retain copies of cargo tank manufacturer’s certificate and related papers (or alternative report) as required |
['Compliance, Safety, Accountability CSA', 'Enforcement - DOT']
['Compliance reviews - Motor Carrier', 'Compliance, Safety, Accountability CSA']
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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.