Knowing the difference between acute FMCSA violations and critical FMCSA violations can help you avoid steep federal fines.
During Federal Motor Carrier Safety Administration (FMCSA) safety reviews, auditors look for violations of the Federal Motor Carrier Safety Regulations (FMCSRs). All FMCSA violations are classified as acute or critical, depending on their nature and severity level.
What are Acute Violations?
Acute violations, as defined by FMCSA, are so severe that they require immediate corrective action. Failing to implement an alcohol and/or controlled substances testing program is an example of an acute violation.
What are Critical Violations?
FMCSA views a critical violation as a sign of poor safety control management. Failing to require a driver to make a record of duty status is an example of a critical violation.
The Top Acute & Critical FMCSA Violations of 2025
The tables below, which list the top 10 critical and acute violations cited in 2025, provide a snapshot of the most commonly cited FMCSA violations. Reviewing these tables closely will help you learn from the mistakes of other companies and allow you to correct potential DOT compliance issues before they are discovered during a DOT audit or other federal safety review.
Top 10 Critical Violations of 2025
|
|
Violation Code |
Violation Description |
|
1 |
395.8A1 |
Not using the appropriate method to record hours of service |
|
2 |
382.301A |
Using a driver before receiving a pre-employment result |
|
3 |
391.51B2 |
Inquiries into driving record not kept in DQ file |
|
4 |
396.17A |
Using a CMV not periodically inspected |
|
5 |
396.3B |
Failing to keep minimum records of inspection and maintenance |
|
6 |
391.51A |
Failing to maintain driver qualification file on each driver |
|
7 |
382.305B2 |
Failing to do random drug tests at applicable annual rate |
|
8 |
395.8E1 |
False reports of records of duty status |
|
9 |
391.11A |
Using an unqualified driver (positive or refused drug test) |
|
10 |
391.45A |
Using a driver not medically examined and certified |
Top 10 Acute Violations of 2025
|
Violation Code |
Violation Description |
|
| 1 |
383.37A |
Allowing driver to drive with suspended/revoked/etc. CDL |
| 2 |
382.115A |
Failing to implement an alcohol and/or drug testing program |
| 3 |
382.305A |
Driver failed to comply with controlled substance/alcohol testing program |
| 4 |
383.37B |
Allowing driver with more than one CDL to drive a CMV |
| 5 |
382.215 |
Using a driver who has tested positive for a drug |
| 6 |
387.7A |
No proof of financial responsibility - Freight Carrier |
| 7 |
396.9C2 |
Operating an out-of-service vehicle |
| 8 |
390.35 |
Fraudulent record(s) |
| 9 |
382.309 |
Using a driver who has not completed a return-to-duty process |
| 10 |
172.800B |
Offering or transporting w/o a security plan conforming to Subpart requirements |
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