392.2 Violation Coding and Compliance Reviews
| Entry Date | April 8, 2025 |
|---|---|
| Issue Number | 25-036-AIC |
| Name | Jessica Davis |
| Agency | Utah Dept of Transportation |
| Address | 4505 S 2700 Wbox 1148240West Valley City, UTAH, 84114United StatesMap It (opens in a new tab) |
| Phone | 3856026682 |
| [email protected] | |
| Committee | Audits and Investigations Committee |
| Status | Open |
| Summary of Issue | MC-SEE-2021-005 was issued in April/May of 2022. It replaced FMCSA's previous guidance for enforcing Unsafe Driving Violations. Attachment A to the memo provides the list of violations that must be considered for critical and non-critical violations of 392.2. Not all inspectors/agencies list moving violations utilizing the codes in Attachment A and some issue a citation but do not list the moving violation on their DVER. Additionally, of the nineteen violations listed in the attachment, only six appear in SafeSpect. |
| Justification or Need | Variations in how moving violations are listed by inspectors means that carriers can have high Unsafe Driving BASIC scores but investigators cannot adequately hold them accountable. This becomes particularly concerning when the violation includes a citation (or a citation is issued without a violation) because those instances cannot contribute to a critical violation of 392.2. |
| Request for Action | We request guidance for how inspectors list moving violations as part of applicable CVSA inspections (where state and local laws allow) to create uniformity and support the investigative process. We request that all Attachment A violations be added to SafeSpect to support this uniformity. |