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fmcsa-nesa-001
382.115(a)
Driver
acute
yes
Single occurrence.
Failing to implement an alcohol and/or controlled substances testing program (domestic motor carrier)
This is an acute violation of 49 CFR 382.115(a): failing to implement an alcohol and/or controlled substances testing program (domestic motor carrier). An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety posture. A single docum...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/subpart-G/section-385.321
2026-07-04T00:00:00
fmcsa-nesa-002
382.115(b)
Driver
acute
yes
Single occurrence.
Failing to implement an alcohol and/or controlled substances testing program (foreign motor carrier)
This is an acute violation of 49 CFR 382.115(b): failing to implement an alcohol and/or controlled substances testing program (foreign motor carrier). An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety posture. A single docume...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/subpart-G/section-385.321
2026-07-04T00:00:00
fmcsa-nesa-003
382.201
Driver
acute
yes
Single occurrence.
Using a driver known to have an alcohol concentration of 0.04 or greater
This is an acute violation of 49 CFR 382.201: using a driver known to have an alcohol concentration of 0.04 or greater. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety posture. A single documented occurrence counts against ...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/subpart-G/section-385.321
2026-07-04T00:00:00
fmcsa-nesa-004
382.211
Driver
acute
yes
Single occurrence.
Using a driver who has refused to submit to an alcohol or controlled substances test required under part 382
This is an acute violation of 49 CFR 382.211: using a driver who has refused to submit to an alcohol or controlled substances test required under part 382. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety posture. A single d...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/subpart-G/section-385.321
2026-07-04T00:00:00
fmcsa-nesa-005
382.213(c)
Driver
acute
no
Using a driver known to have used a controlled substance
This is an acute violation of 49 CFR 382.213(c): using a driver known to have used a controlled substance. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety posture. A single documented occurrence counts against you.
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-006
382.215
Driver
acute
yes
Single occurrence.
Using a driver known to have tested positive for a controlled substance
This is an acute violation of 49 CFR 382.215: using a driver known to have tested positive for a controlled substance. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety posture. A single documented occurrence counts against y...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/subpart-G/section-385.321
2026-07-04T00:00:00
fmcsa-nesa-007
382.301(a)
Driver
critical
no
Using a driver before the motor carrier has received a negative pre-employment controlled substance test result
This is a critical violation of 49 CFR 382.301(a): using a driver before the motor carrier has received a negative pre-employment controlled substance test result. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-008
382.303(a)
Driver
critical
no
Failing to conduct post accident testing on driver for alcohol
This is a critical violation of 49 CFR 382.303(a): failing to conduct post accident testing on driver for alcohol. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-009
382.303(b)
Driver
critical
no
Failing to conduct post accident testing on driver for controlled substances
This is a critical violation of 49 CFR 382.303(b): failing to conduct post accident testing on driver for controlled substances. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-010
382.305(a)
Driver
acute
yes
Single occurrence.
Failing to implement a random controlled substances and/or an alcohol testing program
This is an acute violation of 49 CFR 382.305(a): failing to implement a random controlled substances and/or an alcohol testing program. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety posture. A single documented occurrence...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/subpart-G/section-385.321
2026-07-04T00:00:00
fmcsa-nesa-011
382.305(b)(1)
Driver
critical
no
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
This is a critical violation of 49 CFR 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. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more th...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-012
382.305(b)(2)
Driver
critical
no
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
This is a critical violation of 49 CFR 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. A critical regulation relates to management or operational controls; it is scored when auditors find a pa...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-013
382.309
Driver
acute
no
Using a driver who has not undergone return-to-duty testing with a negative drug test result and/or an alcohol test with an alcohol concentration of less than 0.02 in accordance with 49 CFR 40.305
This is an acute violation of 49 CFR 382.309: using a driver who has not undergone return-to-duty testing with a negative drug test result and/or an alcohol test with an alcohol concentration of less than 0.02 in accordance with 49 CFR 40.305. An acute regulation is one where noncompliance is severe enough to require i...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-014
382.503
Driver
critical
no
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
This is a critical violation of 49 CFR 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. A critical regulation relates to management or operational controls; it is scored ...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-015
382.505(a)
Driver
acute
no
Using a driver within 24 hours after being found to have an alcohol concentration of 0.02 or greater but less than 0.04
This is an acute violation of 49 CFR 382.505(a): using a driver within 24 hours after being found to have an alcohol concentration of 0.02 or greater but less than 0.04. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety postu...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-016
382.605
Driver
critical
no
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
This is a critical violation of 49 CFR 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. A critical regulation relates to manage...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-017
383.23(a)
Driver
critical
yes
Single occurrence.
Operating a commercial motor vehicle without a valid commercial driver's license
This is a critical violation of 49 CFR 383.23(a): operating a commercial motor vehicle without a valid commercial driver's license. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/subpart-G/section-385.321
2026-07-04T00:00:00
fmcsa-nesa-018
383.37(a)
Driver
acute
no
Allowing, requiring, permitting, or authorizing a driver to operate a CMV who the employer knew or should reasonably have known does not have a current CLP or CDL, does not have a CLP or CDL with the proper class or endorsements, or operates a CMV in violation of any restriction on the CLP or CDL
This is an acute violation of 49 CFR 383.37(a): allowing, requiring, permitting, or authorizing a driver to operate a CMV who the employer knew or should reasonably have known does not have a current CLP or CDL, does not have a CLP or CDL with the proper class or endorsements, or operates a CMV in violation of any rest...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-019
383.37(b)
Driver
acute
yes
Single occurrence.
Allowing, requiring, permitting, or authorizing a driver to operate a CMV who the employer knew or should reasonably have known has a CLP or CDL disqualified by a State, has lost the right to operate a CMV in a State, or has been disqualified
This is an acute violation of 49 CFR 383.37(b): allowing, requiring, permitting, or authorizing a driver to operate a CMV who the employer knew or should reasonably have known has a CLP or CDL disqualified by a State, has lost the right to operate a CMV in a State, or has been disqualified. An acute regulation is one w...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/subpart-G/section-385.321
2026-07-04T00:00:00
fmcsa-nesa-020
383.37(c)
Driver
acute
no
Allowing, requiring, permitting, or authorizing a driver to operate a CMV who the employer knew or should reasonably have known has more than one CLP or CDL
This is an acute violation of 49 CFR 383.37(c): allowing, requiring, permitting, or authorizing a driver to operate a CMV who the employer knew or should reasonably have known has more than one CLP or CDL. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-021
383.51(a)
Driver
acute
yes
Single occurrence.
Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle
This is an acute violation of 49 CFR 383.51(a): knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall s...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/subpart-G/section-385.321
2026-07-04T00:00:00
fmcsa-nesa-022
387.7(a)
General
acute
yes
Single occurrence.
Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage
This is an acute violation of 49 CFR 387.7(a): operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety posture. A ...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/subpart-G/section-385.321
2026-07-04T00:00:00
fmcsa-nesa-023
387.7(d)
General
critical
no
Failing to maintain at principal place of business required proof of financial responsibility
This is a critical violation of 49 CFR 387.7(d): failing to maintain at principal place of business required proof of financial responsibility. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records ...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-024
387.31(a)
General
acute
yes
Single occurrence.
Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility
This is an acute violation of 49 CFR 387.31(a): operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety postur...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/subpart-G/section-385.321
2026-07-04T00:00:00
fmcsa-nesa-025
387.31(d)
General
critical
no
Failing to maintain at principal place of business required proof of financial responsibility for passenger carrying vehicles
This is a critical violation of 49 CFR 387.31(d): failing to maintain at principal place of business required proof of financial responsibility for passenger carrying vehicles. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, gener...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-026
390.15(b)(2)
General
critical
no
Failing to maintain copies of all accident reports required by State or other governmental entities or insurers
This is a critical violation of 49 CFR 390.15(b)(2): failing to maintain copies of all accident reports required by State or other governmental entities or insurers. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at lea...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-027
390.35
General
acute
no
Making, or causing to make fraudulent or intentionally false statements or records and/or reproducing fraudulent records
This is an acute violation of 49 CFR 390.35: making, or causing to make fraudulent or intentionally false statements or records and/or reproducing fraudulent records. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety posture....
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-028
391.11(b)(4)
Driver
acute
yes
Single occurrence.
Using a physically unqualified driver
This is an acute violation of 49 CFR 391.11(b)(4): using a physically unqualified driver. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety posture. A single documented occurrence counts against you.
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/subpart-G/section-385.321
2026-07-04T00:00:00
fmcsa-nesa-029
391.15(a)
Driver
acute
yes
Single occurrence.
Using a disqualified driver
This is an acute violation of 49 CFR 391.15(a): using a disqualified driver. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety posture. A single documented occurrence counts against you.
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/subpart-G/section-385.321
2026-07-04T00:00:00
fmcsa-nesa-030
391.45(a)
Driver
critical
no
Using a driver not medically examined and certified
This is a critical violation of 49 CFR 391.45(a): using a driver not medically examined and certified. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-031
391.45(b)
Driver
critical
no
Using a driver not medically examined and certified during the preceding 24 months
This is a critical violation of 49 CFR 391.45(b): using a driver not medically examined and certified during the preceding 24 months. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-032
391.51(a)
Driver
critical
no
Failing to maintain driver qualification file on each driver employed
This is a critical violation of 49 CFR 391.51(a): failing to maintain driver qualification file on each driver employed. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-033
391.51(b)(2)
Driver
critical
no
Failing to maintain inquiries into driver's driving record in driver's qualification file
This is a critical violation of 49 CFR 391.51(b)(2): failing to maintain inquiries into driver's driving record in driver's qualification file. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records ...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-034
391.51(b)(6)
Driver
critical
no
Failing to maintain medical examiner's certificate in driver's qualification file
This is a critical violation of 49 CFR 391.51(b)(6): failing to maintain medical examiner's certificate in driver's qualification file. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-035
392.2
Operational
critical
no
Operating a motor vehicle not in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated
This is a critical violation of 49 CFR 392.2: operating a motor vehicle not in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-036
392.4(b)
Operational
acute
no
Requiring or permitting a driver to drive while under the influence of, or in possession of, a narcotic drug, amphetamine, or any other substance capable of rendering the driver incapable of safely operating a motor vehicle
This is an acute violation of 49 CFR 392.4(b): requiring or permitting a driver to drive while under the influence of, or in possession of, a narcotic drug, amphetamine, or any other substance capable of rendering the driver incapable of safely operating a motor vehicle. An acute regulation is one where noncompliance i...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-037
392.5(b)(1)
Operational
acute
no
Requiring or permitting a driver to drive a motor vehicle while under the influence of, or in possession of, an intoxicating beverage
This is an acute violation of 49 CFR 392.5(b)(1): requiring or permitting a driver to drive a motor vehicle while under the influence of, or in possession of, an intoxicating beverage. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overa...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-038
392.5(b)(2)
Operational
acute
no
Requiring or permitting a driver who shows evidence of having consumed an intoxicating beverage within 4 hours to operate a motor vehicle
This is an acute violation of 49 CFR 392.5(b)(2): requiring or permitting a driver who shows evidence of having consumed an intoxicating beverage within 4 hours to operate a motor vehicle. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's o...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-039
392.6
Operational
critical
no
Scheduling a run which would necessitate the vehicle being operated at speeds in excess of those prescribed
This is a critical violation of 49 CFR 392.6: scheduling a run which would necessitate the vehicle being operated at speeds in excess of those prescribed. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of t...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-040
392.9(a)(1)
Operational
critical
no
Requiring or permitting a driver to drive without the vehicle's cargo being properly distributed and adequately secured
This is a critical violation of 49 CFR 392.9(a)(1): requiring or permitting a driver to drive without the vehicle's cargo being properly distributed and adequately secured. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-041
395.1(h)(2)(i)
Operational
critical
no
Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive more than 15 hours (Driving in Alaska)
This is a critical violation of 49 CFR 395.1(h)(2)(i): requiring or permitting a passenger-carrying commercial motor vehicle driver to drive more than 15 hours (Driving in Alaska). A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, g...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-042
395.1(h)(2)(ii)
Operational
critical
no
Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive after having been on duty 20 hours (Driving in Alaska)
This is a critical violation of 49 CFR 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). A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than ...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-043
395.1(h)(2)(iii)
Operational
critical
no
Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive after having been on duty more than 70 hours in 7 consecutive days (Driving in Alaska)
This is a critical violation of 49 CFR 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 7 consecutive days (Driving in Alaska). A critical regulation relates to management or operational controls; it is scored when au...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-044
395.1(h)(2)(iv)
Operational
critical
no
Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive after having been on duty more than 80 hours in 8 consecutive days (Driving in Alaska)
This is a critical violation of 49 CFR 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 8 consecutive days (Driving in Alaska). A critical regulation relates to management or operational controls; it is scored when aud...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-045
395.1(o)
Operational
critical
no
Requiring or permitting a property-carrying commercial motor vehicle driver to drive after having been on duty 16 consecutive hours
This is a critical violation of 49 CFR 395.1(o): requiring or permitting a property-carrying commercial motor vehicle driver to drive after having been on duty 16 consecutive hours. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, ...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-046
395.3(a)(1)
Operational
critical
no
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
This is a critical violation of 49 CFR 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. A critical regulation relates to management or operational controls; it is scored when auditors fi...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-047
395.3(a)(2)
Operational
critical
no
Requiring or permitting a property-carrying commercial motor vehicle driver to drive after the end of the 14th hour after coming on duty
This is a critical violation of 49 CFR 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. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occu...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-048
395.3(a)(3)(i)
Operational
critical
no
Requiring or permitting a property-carrying commercial motor vehicle driver to drive more than 11 hours
This is a critical violation of 49 CFR 395.3(a)(3)(i): requiring or permitting a property-carrying commercial motor vehicle driver to drive more than 11 hours. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10%...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-049
395.3(a)(3)(ii)
Operational
critical
no
Requiring or permitting a property-carrying commercial motor vehicle driver to drive if more than 8 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
This is a critical violation of 49 CFR 395.3(a)(3)(ii): requiring or permitting a property-carrying commercial motor vehicle driver to drive if more than 8 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...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-050
395.3(b)(1)
Operational
critical
no
Requiring or permitting a property-carrying commercial motor vehicle driver to drive after having been on duty more than 60 hours in 7 consecutive days
This is a critical violation of 49 CFR 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 7 consecutive days. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (mor...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-051
395.3(b)(2)
Operational
critical
no
Requiring or permitting a property-carrying commercial motor vehicle driver to drive after having been on duty more than 70 hours in 8 consecutive days
This is a critical violation of 49 CFR 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 8 consecutive days. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (mor...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-052
395.5(a)(1)
Operational
critical
no
Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive more than 10 hours
This is a critical violation of 49 CFR 395.5(a)(1): requiring or permitting a passenger-carrying commercial motor vehicle driver to drive more than 10 hours. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% o...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-053
395.5(a)(2)
Operational
critical
no
Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive after having been on duty 15 hours
This is a critical violation of 49 CFR 395.5(a)(2): requiring or permitting a passenger-carrying commercial motor vehicle driver to drive after having been on duty 15 hours. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generall...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-054
395.5(b)(1)
Operational
critical
no
Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive after having been on duty more than 60 hours in 7 consecutive days
This is a critical violation of 49 CFR 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 7 consecutive days. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (mo...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-055
395.5(b)(2)
Operational
critical
no
Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive after having been on duty more than 70 hours in 8 consecutive days
This is a critical violation of 49 CFR 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 8 consecutive days. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (mo...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-056
395.8(a)(1)
Operational
critical
yes
Requires a violation threshold (51% or more of examined records) to trigger automatic failure.
Failing to require a driver to prepare a record of duty status using appropriate method
This is a critical violation of 49 CFR 395.8(a)(1): failing to require a driver to prepare a record of duty status using appropriate method. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records exa...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/subpart-G/section-385.321
2026-07-04T00:00:00
fmcsa-nesa-057
395.8(a)(2)(ii)
Operational
critical
no
Failure to require a driver to submit record of duty status
This is a critical violation of 49 CFR 395.8(a)(2)(ii): failure to require a driver to submit record of duty status. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-058
395.8(e)(1)
Operational
critical
no
Making, or permitting a driver to make, a false report regarding duty status
This is a critical violation of 49 CFR 395.8(e)(1): making, or permitting a driver to make, a false report regarding duty status. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-059
395.8(e)(2)
Operational
acute
no
Disabling, deactivating, disengaging, jamming, or otherwise blocking or degrading a signal transmission or reception, tampering with an automatic on-board recording device or ELD, or permitting or requiring another person to engage in such activity
This is an acute violation of 49 CFR 395.8(e)(2): disabling, deactivating, disengaging, jamming, or otherwise blocking or degrading a signal transmission or reception, tampering with an automatic on-board recording device or ELD, or permitting or requiring another person to engage in such activity. An acute regulation ...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-060
395.8(k)(1)
Operational
critical
no
Failing to preserve a driver's record of duty status or supporting documents for 6 months
This is a critical violation of 49 CFR 395.8(k)(1): failing to preserve a driver's record of duty status or supporting documents for 6 months. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records e...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-061
395.11(b)
Operational
critical
no
Failing to require a driver to submit supporting documents
This is a critical violation of 49 CFR 395.11(b): failing to require a driver to submit supporting documents. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-062
395.11(c)
Operational
critical
no
Failing to retain types of supporting documents as required by § 395.11(c)
This is a critical violation of 49 CFR 395.11(c): failing to retain types of supporting documents as required by § 395.11(c). A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-063
395.11(e)
Operational
critical
no
Failing to retain supporting documents in a manner that permits the effective matching of the documents to the driver's record of duty status
This is a critical violation of 49 CFR 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. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one o...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-064
395.11(f)
Operational
critical
no
Altering, defacing, destroying, mutilating, or obscuring a supporting document
This is a critical violation of 49 CFR 395.11(f): altering, defacing, destroying, mutilating, or obscuring a supporting document. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-065
395.30(f)
Operational
acute
no
Failing to retain ELD information
This is an acute violation of 49 CFR 395.30(f): failing to retain ELD information. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety posture. A single documented occurrence counts against you.
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-066
396.3(b)
Vehicle
critical
no
Failing to keep minimum records of inspection and vehicle maintenance
This is a critical violation of 49 CFR 396.3(b): failing to keep minimum records of inspection and vehicle maintenance. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-067
396.9(c)(2)
Vehicle
acute
yes
Single occurrence.
Requiring or permitting the operation of a motor vehicle declared “out-of-service” before repairs were made
This is an acute violation of 49 CFR 396.9(c)(2): requiring or permitting the operation of a motor vehicle declared “out-of-service” before repairs were made. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety posture. A singl...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/subpart-G/section-385.321
2026-07-04T00:00:00
fmcsa-nesa-068
396.11(a)
Vehicle
critical
yes
Single occurrence.
Failing to require driver to prepare driver vehicle inspection report
This is a critical violation of 49 CFR 396.11(a): failing to require driver to prepare driver vehicle inspection report. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/subpart-G/section-385.321
2026-07-04T00:00:00
fmcsa-nesa-069
396.17(a)
Vehicle
critical
yes
Requires a violation threshold (51% or more of examined records) to trigger automatic failure.
Using a commercial motor vehicle not periodically inspected
This is a critical violation of 49 CFR 396.17(a): using a commercial motor vehicle not periodically inspected. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/subpart-G/section-385.321
2026-07-04T00:00:00
fmcsa-nesa-070
396.17(g)
Vehicle
acute
no
Failing to promptly repair parts and accessories not meeting minimum periodic inspection standards
This is an acute violation of 49 CFR 396.17(g): failing to promptly repair parts and accessories not meeting minimum periodic inspection standards. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety posture. A single documente...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-071
397.5(a)
Hazardous Materials
acute
no
Failing to ensure a motor vehicle containing Division 1.1, 1.2, or 1.3 (explosive) material is attended at all times by its driver or a qualified representative
This is an acute violation of 49 CFR 397.5(a): failing to ensure a motor vehicle containing Division 1.1, 1.2, or 1.3 (explosive) material is attended at all times by its driver or a qualified representative. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardl...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-072
397.7(a)(1)
Hazardous Materials
critical
no
Parking a motor vehicle containing Division 1.1, 1.2, or 1.3 materials within 5 feet of traveled portion of highway or street
This is a critical violation of 49 CFR 397.7(a)(1): parking a motor vehicle containing Division 1.1, 1.2, or 1.3 materials within 5 feet of traveled portion of highway or street. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, gen...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-073
397.7(b)
Hazardous Materials
critical
no
Parking a motor vehicle containing hazardous material(s) other than Division 1.1, 1.2, or 1.3 materials within 5 feet of traveled portion of highway or street
This is a critical violation of 49 CFR 397.7(b): parking a motor vehicle containing hazardous material(s) other than Division 1.1, 1.2, or 1.3 materials within 5 feet of traveled portion of highway or street. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern ...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-074
397.13(a)
Hazardous Materials
critical
no
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
This is a critical violation of 49 CFR 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. A critical regulation relates t...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-075
397.19(a)
Hazardous Materials
critical
no
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
This is a critical violation of 49 CFR 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. A critical regulation relates to management or operational controls; it is scored when au...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-076
397.67(d)
Hazardous Materials
critical
no
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
This is a critical violation of 49 CFR 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. A critical regulation relates to management or operational controls; it is scored when auditors find a ...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-077
171.15
Hazardous Materials
critical
no
Carrier failing to give immediate telephone notice of an incident involving hazardous materials
This is a critical violation of 49 CFR 171.15: carrier failing to give immediate telephone notice of an incident involving hazardous materials. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records ...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-078
171.16
Hazardous Materials
critical
no
Carrier failing to make a written report of an incident involving hazardous materials
This is a critical violation of 49 CFR 171.16: carrier failing to make a written report of an incident involving hazardous materials. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-079
172.313(a)
Hazardous Materials
acute
no
Accepting for transportation or transporting a package containing a poisonous-by-inhalation material that is not marked with the words “Inhalation Hazard”
This is an acute violation of 49 CFR 172.313(a): accepting for transportation or transporting a package containing a poisonous-by-inhalation material that is not marked with the words “Inhalation Hazard”. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless ...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-080
172.704(a)(4)
Hazardous Materials
critical
no
Failing to provide security awareness training
This is a critical violation of 49 CFR 172.704(a)(4): failing to provide security awareness training. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-081
172.704(a)(5)
Hazardous Materials
critical
no
Failing to provide in-depth security awareness training
This is a critical violation of 49 CFR 172.704(a)(5): failing to provide in-depth security awareness training. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-082
172.800(b)
Hazardous Materials
acute
no
Transporting hazardous materials without a security plan (or without one conforming to Subpart I, or failure to adhere to a required security plan)
This is an acute violation of 49 CFR 172.800(b): transporting hazardous materials without a security plan (or without one conforming to Subpart I, or failure to adhere to a required security plan). An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a ca...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-083
173.24(b)(1)
Hazardous Materials
acute
no
Accepting for transportation or transporting a package that has an identifiable release of a hazardous material to the environment
This is an acute violation of 49 CFR 173.24(b)(1): accepting for transportation or transporting a package that has an identifiable release of a hazardous material to the environment. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-084
173.421
Hazardous Materials
acute
no
Accepting for transportation or transporting a Class 7 (radioactive) material described, marked, and packaged as a limited quantity when the radiation level on the surface of the package exceeds 0.005mSv/hour (0.5 mrem/hour)
This is an acute violation of 49 CFR 173.421: accepting for transportation or transporting a Class 7 (radioactive) material described, marked, and packaged as a limited quantity when the radiation level on the surface of the package exceeds 0.005mSv/hour (0.5 mrem/hour). An acute regulation is one where noncompliance i...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-085
173.431(a)
Hazardous Materials
acute
no
Accepting for transportation or transporting in a Type A packaging a greater quantity of Class 7 (radioactive) material than authorized
This is an acute violation of 49 CFR 173.431(a): accepting for transportation or transporting in a Type A packaging a greater quantity of Class 7 (radioactive) material than authorized. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's over...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-086
173.431(b)
Hazardous Materials
acute
no
Accepting for transportation or transporting in a Type B packaging a greater quantity of Class 7 (radioactive) material than authorized
This is an acute violation of 49 CFR 173.431(b): accepting for transportation or transporting in a Type B packaging a greater quantity of Class 7 (radioactive) material than authorized. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's over...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-087
173.441(a)
Hazardous Materials
acute
no
Accepting for transportation or transporting a package containing Class 7 (radioactive) material with external radiation exceeding allowable limits
This is an acute violation of 49 CFR 173.441(a): accepting for transportation or transporting a package containing Class 7 (radioactive) material with external radiation exceeding allowable limits. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a ca...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-088
173.442(b)
Hazardous Materials
acute
no
Accepting for transportation or transporting a package containing Class 7 (radioactive) material when the temperature of the accessible external surface of the loaded package exceeds 50 °C (122 °F) in other than an exclusive use shipment, or 85 °C (185 °F) in an exclusive use shipment
This is an acute violation of 49 CFR 173.442(b): accepting for transportation or transporting a package containing Class 7 (radioactive) material when the temperature of the accessible external surface of the loaded package exceeds 50 °C (122 °F) in other than an exclusive use shipment, or 85 °C (185 °F) in an exclusiv...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-089
173.443(a)
Hazardous Materials
acute
no
Accepting for transportation or transporting a package containing Class 7 (radioactive) material with removable contamination on the external surfaces of the package in excess of permissible limits
This is an acute violation of 49 CFR 173.443(a): accepting for transportation or transporting a package containing Class 7 (radioactive) material with removable contamination on the external surfaces of the package in excess of permissible limits. An acute regulation is one where noncompliance is severe enough to requi...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-090
177.800(c)
Hazardous Materials
critical
no
Failing to instruct a category of employees in hazardous materials regulations
This is a critical violation of 49 CFR 177.800(c): failing to instruct a category of employees in hazardous materials regulations. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-091
177.801
Hazardous Materials
acute
no
Accepting for transportation or transporting a forbidden material
This is an acute violation of 49 CFR 177.801: accepting for transportation or transporting a forbidden material. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety posture. A single documented occurrence counts against you.
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-092
177.835(a)
Hazardous Materials
acute
no
Loading or unloading a Class 1 (explosive) material with the engine running
This is an acute violation of 49 CFR 177.835(a): loading or unloading a Class 1 (explosive) material with the engine running. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety posture. A single documented occurrence counts ag...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-093
177.835(c)
Hazardous Materials
acute
no
Accepting for transportation or transporting Division 1.1 or 1.2 (explosive) materials in a motor vehicle or combination of vehicles that is not permitted
This is an acute violation of 49 CFR 177.835(c): accepting for transportation or transporting Division 1.1 or 1.2 (explosive) materials in a motor vehicle or combination of vehicles that is not permitted. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless ...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-094
177.835(j)
Hazardous Materials
acute
no
Transferring Division 1.1, 1.2, or 1.3 (explosive) materials between containers or motor vehicles when not permitted
This is an acute violation of 49 CFR 177.835(j): transferring Division 1.1, 1.2, or 1.3 (explosive) materials between containers or motor vehicles when not permitted. An acute regulation is one where noncompliance is severe enough to require immediate corrective action, regardless of a carrier's overall safety posture....
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-095
177.817(a)
Hazardous Materials
critical
no
Transporting a shipment of hazardous materials not accompanied by a properly prepared shipping paper
This is a critical violation of 49 CFR 177.817(a): transporting a shipment of hazardous materials not accompanied by a properly prepared shipping paper. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-096
177.817(e)
Hazardous Materials
critical
no
Failing to maintain proper accessibility of shipping papers
This is a critical violation of 49 CFR 177.817(e): failing to maintain proper accessibility of shipping papers. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-097
177.823(a)
Hazardous Materials
critical
no
Moving a transport vehicle containing hazardous material that is not properly marked or placarded
This is a critical violation of 49 CFR 177.823(a): moving a transport vehicle containing hazardous material that is not properly marked or placarded. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the re...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-098
177.841(e)
Hazardous Materials
acute
no
Transporting a package bearing a poison label in the same transport vehicle with material marked or known to be foodstuff, feed, or any edible material intended for consumption by humans or animals unless an exception in § 177.841(e)(i) or (ii) is met
This is an acute violation of 49 CFR 177.841(e): transporting a package bearing a poison label in the same transport vehicle with material marked or known to be foodstuff, feed, or any edible material intended for consumption by humans or animals unless an exception in § 177.841(e)(i) or (ii) is met. An acute regulatio...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-099
180.407(a)
Hazardous Materials
critical
no
Transporting a shipment of hazardous material in cargo tank that has not been inspected or retested in accordance with § 180.407
This is a critical violation of 49 CFR 180.407(a): transporting a shipment of hazardous material in cargo tank that has not been inspected or retested in accordance with § 180.407. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, g...
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
fmcsa-nesa-100
180.407(c)
Hazardous Materials
critical
no
Failing to periodically test and inspect a cargo tank
This is a critical violation of 49 CFR 180.407(c): failing to periodically test and inspect a cargo tank. A critical regulation relates to management or operational controls; it is scored when auditors find a pattern (more than one occurrence, generally at least 10% of the records examined).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385
2026-07-04T00:00:00
End of preview. Expand in Data Studio

FMCSA New-Entrant Safety-Audit Violations Dataset

Dataset Summary

103 acute and critical CFR regulations scored in an FMCSA new-entrant safety audit, including the 16 violations that automatically fail the audit under 49 CFR 385.321(b). Each row is sourced directly from the official Code of Federal Regulations and verified against ecfr.gov.

  • Rows: 103
  • Scope: All violations listed in 49 CFR Appendix B to Part 385
  • Automatic-failure violations: 16 (per 49 CFR 385.321(b))
  • Severity classes: acute (42 rows), critical (61 rows)
  • Audit factors covered: General, Driver, Operational, Vehicle, Hazardous Materials
  • Verified: 2026-07-04

Use cases: motor-carrier compliance tooling, safety audit preparation, regulatory research, transportation data analysis.

Supported Tasks

  • Reference lookup by CFR citation, factor, or automatic-failure status
  • Compliance gap analysis for new motor carriers
  • Safety audit preparation tools
  • Regulatory research

Languages

English (en)

Dataset Structure

Files

File Format Description
new-entrant-audit-violations.csv CSV (UTF-8) All 103 rows
new-entrant-audit-violations.json JSON array Same data

Column Schema

Column Type Description
id string Stable row ID (e.g. fmcsa-nesa-001)
cfr_cite string CFR section (e.g. 395.3(a)(1))
audit_factor string Audit factor: General, Driver, Operational, Vehicle, or Hazardous Materials
severity enum acute or critical
automatic_failure enum yes if a single occurrence fails the audit; no otherwise
auto_fail_guideline string §385.321 guideline text (auto-fail rows only)
description string Verbatim short description from 49 CFR Appendix B
plain_meaning string Plain-language explanation of what the regulation requires
source_url URL Primary source — 49 CFR Appendix B to Part 385 at ecfr.gov
auto_fail_source_url URL 49 CFR 385.321(b) at ecfr.gov (auto-fail rows only)
verified_on ISO date Date the source URL was live-checked
notes string Optional disambiguation

Example rows

Automatic-failure violation (acute):

{
  "id": "fmcsa-nesa-001",
  "cfr_cite": "382.115(a)",
  "audit_factor": "Driver",
  "severity": "acute",
  "automatic_failure": "yes",
  "auto_fail_guideline": "Single occurrence.",
  "description": "Failing to implement an alcohol and/or controlled substances testing program (domestic motor carrier)",
  "source_url": "https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385",
  "auto_fail_source_url": "https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/subpart-G/section-385.321",
  "verified_on": "2026-07-04"
}

Critical violation (not automatic failure):

{
  "id": "fmcsa-nesa-007",
  "cfr_cite": "382.301(a)",
  "audit_factor": "Driver",
  "severity": "critical",
  "automatic_failure": "no",
  "description": "Using a driver before the motor carrier has received a negative pre-employment controlled substance test result",
  "source_url": "https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-385/appendix-Appendix%20B%20to%20Part%20385",
  "verified_on": "2026-07-04"
}

Data Collection and Processing

Every row is sourced directly from the official Code of Federal Regulations:

  1. Primary source: 49 CFR Appendix B to Part 385 ("List of Acute and Critical Regulations") at ecfr.gov — the authoritative list of regulations scored in an FMCSA safety audit.
  2. Automatic-failure source: 49 CFR 385.321(b) at ecfr.gov — the 16 regulations that automatically fail a new-entrant safety audit on a single occurrence.
  3. Verification: Each source URL was live-checked on 2026-07-04. No rows were fabricated or inferred.
  4. Severity definitions: Acute = noncompliance severe enough to require immediate corrective action regardless of overall safety posture (single occurrence scored); Critical = relates to management or operational controls, scored when auditors find a pattern (generally more than one occurrence, or at least 10% of records examined).

Source Data

Licensing

This dataset is published under the Creative Commons Attribution 4.0 International (CC BY 4.0) license.

You are free to share and adapt for any purpose, including commercial use, with attribution.

Attribution line:

CarrierReady (https://newentrantauditkit.com/data/new-entrant-audit-violations), CC BY 4.0.

The underlying CFR text (49 CFR Appendix B to Part 385 and 49 CFR 385.321) is US government work and not subject to copyright.

Citation

@misc{carrierready_fmcsa_violations_2026,
  title        = {{FMCSA New-Entrant Safety-Audit Violations Dataset}},
  author       = {{CarrierReady}},
  year         = {2026},
  url          = {https://newentrantauditkit.com/data/new-entrant-audit-violations},
  note         = {103 acute and critical CFR regulations scored in an FMCSA new-entrant safety audit, CC BY 4.0},
}

Publisher notes

  • Not legal advice. Always verify regulations against the official text at ecfr.gov, as the CFR is amended over time.
  • Not affiliated with, endorsed by, or connected to the FMCSA or any US government agency.
  • The Accident audit factor is scored by accident rate, not individual violations, so it has no rows in this dataset.

To publish on HuggingFace/Kaggle: use the brand account (not the founder's personal account). See builder-os/23-earned-media-and-data-assets.md for instructions.

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