When investigating a motor carrier, a Safety Investigator (SI) looks at driver history for egregious violations of the Federal Motor Carrier Safety Regulations (FMCSRs). These violations are sometimes referred to as Red Flag Violations and are always investigated as part of a carrier investigation. The SI conducting the investigation looks to see if the violation has been corrected. At present, there are 12 such violations, though this list may be updated periodically. These violations are outlined in the table below, along with the Behavior Analysis and Safety Improvement Categories (BASICs) to which they correspond.
| BASIC | FMCSR Part | Violation Description |
| Driver Fitness | 383.21 | Operating a commercial motor vehicle (CMV) with more than one driver’s license |
| Driver Fitness | 383.23(a)(2) | Operating a CMV without a valid commercial driver’s license (CDL) |
| Driver Fitness | 383.51(a) | Driving a CMV (CDL) while disqualified |
| Driver Fitness | 383.91(a) | Operating a CMV with improper CDL group |
| Driver Fitness | 391.11 | Unqualified driver |
| Driver Fitness | 391.11(b)(5) | Driver lacking valid license for type of vehicle being operated |
| Driver Fitness | 391.11(b)(7) | Driver disqualified from operating CMV |
| Driver Fitness | 391.15(a) | Driving a CMV while disqualified |
| Controlled Substances/Alcohol | 392.4(a) | Driver uses or is in possession of drugs |
| Controlled Substances/Alcohol | 392.5(a) | Possession/use/under influence of alcohol less than 4 hours prior to duty |
| Fatigued Driving (HOS) | 395.13(d) | Driving after being declared out-of-service (OOS) |
| Vehicle Maintenance | 396.9(c)(2) | Operating an OOS vehicle |
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.
Originally Posted on the Idealease Safety Bulletin