Warning Letters Criteria Changed for Unsafe Driving BASIC Results

FMCSA recently changed which carriers are sent warning letters based on Unsafe Driving BASIC results. Previously, carriers could receive warning letters for this BASIC if they met the threshold for interventions or further monitoring (50% for passenger carriers, 60% for HM carriers, and 65% for all other carriers). As of September 24, 2021, all carriers may receive warning letters for this BASIC if their percentile is at 50% or above. FMCSA is sending warning letters to more carriers based on Unsafe Driving BASIC results, so they have the chance to improve their safety performance and compliance sooner, and without further intervention.

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The Seven BASIC’s

The percentile thresholds for prioritization did not change. Carriers that have BASICs with an “Alert” symbol (gold triangle with an exclamation point) may be prioritized for interventions or further monitoring. This is simply an update to when carriers are eligible to receive warning letters for the Unsafe Driving BASIC. The prioritization thresholds are still used as the basis for sending out warning letters for the other BASICs.

CSA Points Values: Unsafe Driving

10 Point unsafe driving violations

1. Violation Group: Texting

  • Failure to comply with 49 CFR Section 392.80 Texting While Operating a CMV When Transporting Select Agents or Toxins or HM Requiring Placarding (Section 177.804B)
  • Operating a CMV while texting (Section 390.17DT)
  • State/Local Laws – Operating a CMV while texting (Section 392.2-SLLT)

2. Violation Group: Speeding

  • State/Local Laws – Speeding 15 or more miles per hour over the speed limit. (Section 392.2-SLLS4)
  • State/Local Laws – Speeding work/construction zone. (Section 392.2-SLLSWZ)

3. Violation Group: Reckless Driving

  • Reckless driving (Section 392.2R)

4. Violation Group: Phone Call

  • Failure to comply with 49 CFR Section 392.82 Using a Handheld Mobile Phone While Operating a CMV When Transporting Select Agents or Toxins or HM Requiring Placard (Section 177.804C)
  • Using a hand-held mobile telephone while operating a CMV (Section 392.82(a)(1))
  • Allowing or requiring a driver to use a hand-held mobile telephone while operating a CMV ( Section 392.82(a)(2))

7 Point unsafe driving violations

1. Violation Group: Speeding

  • State/Local Laws – Speeding 11-14 miles per hour over the speed limit. (Section 392.2-SLLS3)

2. Violation Group: Seat Belt

  • Failing to use a seat belt while operating a CMV (Section 392.16)
  • Operating a property-carrying commercial motor vehicle while all other occupants are not properly restrained. (Section 392.16B)

5 Point unsafe driving Violations

1. Violation Group: Dangerous Driving

  • Failure to obey traffic control device (Section 392.2C)
  • Following too close (Section 392.2FC)
  • Inattentive Driving (Section 392.2-INATƱ)
  • Improper lane change (Section 392.2LC)
  • Failure to Maintain Lane (Section 392.2-MLƱ)
  • Improper passing (Section 392.2P)
  • Railroad Grade Crossing violation (Section 392.2RR)
  • Improper turns (Section 392.2T)
  • Failure to yield right of way (Section 392.2Y)
  • Failure to stop at a railroad crossing – Bus transporting passengers (Section 392.10(a)(1))
  • Failure to stop at a railroad crossing – CMV transporting Division 2.3 Chlorine (Section 392.10(a)(2))
  • Failure to stop at a railroad crossing – CMV requiring the display of HM placards (Section 392.10(a)(3))
  • Failure to stop at railroad crossing – HM Cargo Tank vehicle (Section 392.10(a)(4))
  • Commercial Vehicle failing to slow down approaching a railroad crossing. (Section 392.11)
  • Failed to use caution for hazardous condition (Section 392.14)

2. Violation Group: Speeding Related

  • Scheduling a run which would necessitate the vehicle being operated at speeds in excess of the prescribed (Section 392.6)
  • State/Local Laws – Speeding 6-10 miles per hour over the speed limit. (Section 392.2-SLLS2)

4 Point unsafe driving violation

1. Violation Group: Speeding

  • State/Local Laws – Speeding 6-10 miles per hour over the speed limit. (Section 392.2-SLLS2)

3 Point unsafe driving violations

1. Violation Group: Misc Violations

  • Headlamps – Failing to dim when required (Section 392.2DH)
  • Lane Restriction violation (Section 392.2LV)

1 Point unsafe driving violations

1. Violation Group: Other Driver Violations

  • Operating a Motor Coach or other Passenger Carrying vehicle with seating, secured or unsecured, in excess of the manufacturer’s (manufacturer, remanufacturer, or final stage manufacturer) designed seating capacity. (Section 390.33-XSY)
  • Unlawfully parking and/or leaving a vehicle in the roadway (Section 392.2PK)
  • Failing to use hazard warning flashers (Section 392.22(a))
  • Unauthorized passenger onboard CMV (Section 392.60(a))
  • Unsafe bus operations (Section 392.62)
  • All standees on a bus are to be rearward of the white standee line (Section 392.62(a))
  • Driving of vehicles – Transportation of Migrant Workers (Section 398.4)

1. Violation Group: HM (Hazardous Materials) Related

  • State/local laws ordinances regulations (Section 397.3)
  • Smoking within 25 ft of HM vehicle (Section 397.13)

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