A Complete Guide to FMCSA’s Unsafe Driving Violations 2026

Unsafe Driving violations sit at the top of FMCSA’s CSA Safety Measurement System because they directly reflect how safely a carrier’s drivers operate commercial motor vehicles on the road. Unlike maintenance or recordkeeping violations, these violations involve immediate road safety risks that can lead to crashes, injuries, and severe liability.

FMCSA assigns some of its highest severity weights to Unsafe Driving violations because they involve behavior such as speeding, distracted driving, reckless lane changes, and following too closely.

Why Unsafe Driving Violations Carry the Highest CSA Impact

These violations fall under the Unsafe Driving BASIC and directly impact a carrier’s risk profile. Carriers with repeated unsafe driving violations face increased DOT inspections, expensive insurance premiums, poor CSA scores, and in severe cases, FMCSA intervention. Additionally, unsafe driving behavior is a leading cause of lawsuits and nuclear verdicts, further highlighting the importance of strong driver behavior monitoring programs.

Unsafe driving violations typically arise from driver habit rather than equipment or paperwork issues. Many fleets underestimate how much responsibility falls on safety culture, training, coaching, and monitoring. Without real-time driver behavior analytics, a fleet is often unaware of dangerous driving issues until a roadside inspection or crash reveals them.

Speeding Violations – 392.2 & 392.2S

Speeding remains the most common Unsafe Driving violation in FMCSA’s database. Under 392.2, CMV drivers must obey all traffic laws, including posted speed limits. FMCSA assigns additional severity points for speeding 15 mph or more above the limit, coded as 392.2S, because it significantly increases crash probability.

Speeding violations occur when drivers:

• Rush to meet tight delivery windows
• Attempt to recover lost time from delays
• Travel downhill with improper gear management
• Ignore variable speed limits in construction zones
• Fail to adjust speed in bad weather
• Drive aggressively in congested areas

FMCSA data shows that excessive speed is a primary factor in CMV crashes. Violations are often issued during roadside stops, speed traps, or through evidence from dash cameras and telematics analytics.

Carriers also receive violations when:

• A driver exceeds posted limit
• A truck exceeds state-by-state CMV-specific speed restrictions
• The vehicle exceeds speed limiter requirements in jurisdictions where applicable

Reckless Driving – 392.2R

Reckless driving under 392.2R refers to operating a commercial motor vehicle with willful or wanton disregard for public safety. This is one of the highest-severity violations under the Unsafe Driving BASIC and can lead to both FMCSA enforcement and state-imposed penalties, including license suspension.

Examples of reckless driving include:

• Aggressive lane changes
• Excessive speeding
• Road rage incidents
• Tailgating with intent
• Ignoring traffic control devices
• Unsafe passing on curves or hills
• Driving too fast for conditions
• Disregarding safety of other road users

Reckless driving violations often occur during:

• Heavy traffic
• Construction zones
• Bad weather conditions
• Long-haul routes with tight delivery pressure

This violation is extremely dangerous because it signals habitual risky behavior. FMCSA views reckless driving as a “red flag indicator” of potential crash involvement. Carriers with repeated reckless driving violations will face increased inspections, insurance issues, and heightened CSA scrutiny.

Following Too Closely – 392.2FC

Following too closely is a common Unsafe Driving violation under 392.2FC, especially among new or untrained CDL drivers. CMVs require significantly more stopping distance than passenger vehicles. When a truck follows too closely, the driver risks rear-end collisions, which are among the most expensive and frequent crash types involving commercial vehicles.

These violations occur when:

• Drivers tailgate due to impatience
• Drivers follow too closely in congested or urban areas
• Speeding reduces available stopping distance
• Adverse weather increases stopping distances
• Drivers lack proper defensive driving training
• Traffic flow conditions change rapidly

During roadside inspections or crash investigations, troopers often cite drivers if they cannot demonstrate a safe following distance. FMCSA emphasizes this behavior as a critical predictor of crash likelihood.

Improper Lane Changes – 392.2LC

Improper lane changes under 392.2LC include unsafe merging, changing lanes without signaling, or drifting between lanes. These violations are commonly associated with distracted driving, poor visibility, or driver inattention.

Examples include:

• Changing lanes without checking mirrors
• Failing to use a turn signal
• Cutting off another vehicle
• Changing lanes in restricted areas
• Drifting out of the lane due to fatigue or distraction

Improper lane changes are closely linked to sideswipe crashes and rollover accidents, especially at highway speeds. FMCSA assigns moderate to high severity points to this violation because it reflects reduced situational awareness and often stems from poor training.

Lane change violations also occur when:

• Drivers attempt to merge aggressively into tight gaps
• Drivers do not anticipate blind spot coverage
• Mirrors are improperly adjusted
• Drivers multitask or use devices while driving

Failure to Use a Seat Belt – 392.16

Failure to use a seat belt is one of the simplest yet most frequently cited Unsafe Driving violations under 392.16. FMCSA requires all CMV drivers to wear a properly fastened seat belt any time the vehicle is in operation. Despite this being a basic safety requirement, thousands of drivers receive citations for seat belt violations every year.

Reasons drivers violate this rule include:

• Habitual non-use of seat belts
• Short-distance driving or city routes where drivers skip the belt
• Poorly maintained or uncomfortable seat belt systems
• Drivers believing they can “avoid detection”
• Drivers removing the belt while navigating cabs or adjusting radios
• Misconception that seat belts are not necessary at low speeds
• Improper seat belt fitting for larger drivers

FMCSA treats this violation seriously because seat belts reduce the risk of fatal injury by up to 45 percent. During roadside inspections, enforcement officers can immediately see whether a driver is wearing their seat belt. Dash cameras also capture this violation, which can become evidence during crash investigations or insurance reviews.

Failure to use proper restraint also increases liability for carriers. If a driver is injured or killed in a crash without a seat belt, insurance may deny claims or reduce coverage. From a CSA standpoint, 392.16 violations add moderate severity points and significantly affect a driver’s individual safety profile.

Texting and Mobile Phone Use While Driving – 392.80 & 392.82

Texting or using a handheld mobile phone while driving is one of the most dangerous CMV violations, governed under 392.80 (texting) and 392.82 (handheld phone use). FMCSA prohibits drivers from:

• Holding a phone
• Texting or typing messages
• Dialing more than one button
• Reaching for a phone in a way that forces them out of proper driving position

These violations carry severe penalties because distracted driving is a leading cause of roadway fatalities. Studies show that a CMV traveling at highway speed can cover the length of a football field during the average time a driver looks down at a phone.

Violations occur when drivers:

• Text dispatch or communicate via WhatsApp
• Use phones for GPS instead of mounted devices
• Scroll through apps while stopped in traffic
• Make handheld calls
• Hold a phone while merging or turning
• Use social media or messaging apps behind the wheel

Inspectors issue violations when they observe the behavior directly or when dash camera footage confirms it. Many states also operate specialized patrol units trained to identify CMV mobile phone violations from elevated angles.

FMCSA penalties include:

• Fines up to $2,750 for drivers
• Up to $11,000 in penalties for carriers who allow or require phone use
• Disqualification for repeat offenders

Failure to Yield, Running Stop Signs, and Traffic Control Violations – 392.2

Violations involving traffic control devices, stop signs, red lights, yield signs, and right-of-way rules, fall under 392.2. These violations not only impact a fleet’s CSA Unsafe Driving BASIC but also significantly increase crash risk. Running a stop sign or failing to yield is a common cause of intersection collisions, often resulting in severe injuries or major property damage.

Common traffic control violations include:

• Running red lights
• Rolling through stop signs (“California Stop”)
• Failing to yield to oncoming vehicles
• Ignoring construction zone signals
• Failing to obey traffic officers’ instructions
• Not stopping at railroad crossings where required
• Not yielding to pedestrians or emergency vehicles

Intersection-related collisions are among the most dangerous for CMVs, especially when a truck enters a junction at high speed. FMCSA assigns moderate to high severity points to these violations because they signal aggressive or inattentive driving behavior.

Traffic control violations typically occur when drivers:

• Rush to clear intersections
• Follow poorly planned routes in congested areas
• Get distracted inside the cab
• Misjudge stopping distances
• Are fatigued or stressed

Operating a CMV While Ill, Fatigued, or Medically Unfit – 392.3

Operating a commercial motor vehicle while ill, overly fatigued, or otherwise impaired from a medical condition is prohibited under 392.3. FMCSA strictly enforces this rule because driver fatigue and illness can easily lead to catastrophic crashes. Even drivers who are technically “within HOS limits” can still be cited if an inspector determines they are not fit to drive.

Examples of violations under 392.3 include:

• Driver appears visibly fatigued
• Driver reports dizziness, nausea, or illness
• Driver exhibits signs of sleep deprivation
• Driver is under the influence of impairing medication
• Driver has untreated medical conditions (hypertension, sleep apnea, diabetes)
• Driver operates after several long consecutive workdays without adequate rest

Inspectors may issue violations based on:

• Driver’s physical appearance
• Observable fatigue indicators
• Behavioral signs of impairment
• Logbook review showing long work patterns
• Medical history inconsistencies

Even carriers can be cited if they allow or require a fatigued driver to operate a CMV. This places liability on the fleet, particularly when delivery schedules are unrealistic or drivers feel pressured to continue driving despite exhaustion.

Key Takeaways

• Unsafe Driving violations carry some of the highest CSA severity weights and directly affect a fleet’s safety reputation.
• FMCSA’s Unsafe Driving BASIC includes behaviors like speeding, reckless driving, failure to use seat belts, and distracted driving.
• Speeding (392.2 / 392.2S) remains the number one driver behavior violation across the trucking industry.
• Violations such as texting (392.80) and handheld phone use (392.82) carry severe penalties, including driver disqualification for repeat offenses.
• Failure to yield, improper lane changes, and following too closely under 392.2 dramatically increase collision risks.
• Driver fatigue (392.3) is still one of the top causes of CMV-related crashes and violations.
• Unsafe Driving violations are often behavioral; carriers must prioritize training, coaching, and monitoring, not just paperwork.
• Unsafe Driving penalties impact insurance rates, DOT audit risk levels, liability in crashes, and overall fleet reputation.

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