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FMCSA Red Flag Violations

The Trucker Staff

10/7/2010

What are the “Red Flag Violations?”

These are driver violations that are identified during roadside inspections and subsequently investigated if the driver’s employer is later subject to a carrier intervention.   Currently, there are 11 such violations which are outlined in the table below, along with the corresponding respective BASIC.

Violation

BASIC

Part

Violating Part 395 Out-of-Service (OOS) Order

Fatigued Driving (HOS)

395.13(d)

Possessing, using or being under the influence of a controlled substance

Controlled Substances/Alcohol

392.4(a)

Possessing, being under the influence of, or using alcohol within 4 hours of going on duty

Controlled Substances/Alcohol

392.5(a)

Allowing driver to operate with more than one Commercial Driver’s License (CDL)

Driver Fitness

383.37(b)

Operating a commercial motor vehicle (CMV) with more than one CDL

Driver Fitness

383.21

Operating without a valid CDL

Driver Fitness

383.23(a)

Driving while disqualified

Driver Fitness

383.51(a)

Driving without a valid operator’s license

Driver Fitness

391.11(b)(5)

Driving while disqualified

Driver Fitness

391.15(a)

False entry on medical examiner’s certificate

Driver Fitness

391.45

Operating an OOS vehicle before making repairs

Vehicle Maintenance

396.9(c)