I don’t need to tell you what a red flag is, right? You already know. Somebody mentions “that’s a real red flag right there” and what do you picture? I’ll bet it is a vivid image of something: a terrible decision, someone getting yelled at or fired, or – worst case – property destroyed and people losing their lives.
Well, the FMCSA has red flags, too. More specifically – the FMCSA has a specific list of twelve Red Flag Violations. Walk with me down the hall of these worst of the worst violations so that you’ll understand what they are, what you need to know about them, and how Vigillo can help.
What are the Red Flag Violations?
Here’s the list of the twelve worst of the worst “egregious” Red Flag violations, as defined by the FMCSA. (Source: FMCSA CSA Website )
NOTE: If you, like me, are a little rusty on the definition of “egregious” – it means outrageously bad or reprehensible. Example: the Black Eyed Peas at the Super Bowl halftime show this year.
| 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 vehicle being operated |
| Driver Fitness | 391.11(b)(7) | Driver disqualified from operating CMV |
| Driver Fitness | 391.15(a) | Driving a CMV while disqualified |
| Drug/Alcohol | 392.4(a) | Driver uses or is in possession of drugs |
| Drug/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 |
Why do Red Flag Violations Matter?
Cutting to the chase, these are the very worst violations there are in terms of transportation safety. As you can imagine, the FMCSA cares about the worst of the worst violations. Here’s why they matter:
Interventions: The FMCSA defines red flag violations as follows (emphasis added is mine):
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.
So, breaking that down – During a carrier investigation, a Safety Investigator will ALWAYS (100% of the time) examine the red flag violations, and to some extent, the history of the driver who got the red flag violation. “Always” is a strong word – generally associated with things like death, taxes, and another Fast & Furious movie sequel coming out. (Sorry, couldn’t help myself there) Here, the FMCSA itself tells you that if there is an investigation, these red flag violations will be looked at, in a “you understand me, son?” kind of way.
Stories from Vigillo customers who have come through FMCSA investigations confirm this anecdotally. One carrier asked the auditor for a copy of the list of drivers that the Safety Investigator was using to review their drivers. The Safety Investigator provided the requested copy, and lo and behold, who was sorted to the top of the list? Correct – Any and all drivers with red flag violations. You should assume that your drivers with red flag violations will be high priority investigation targets during FMCSA Investigations.
FMCSA Red List of Drivers Alleged: Above and beyond red flags used during investigations, the presence of red flag violations may be an important consideration in hiring new drivers as well. Former FMCSA Administrator Annette Sandberg has alleged that the FMCSA has a roster of truck drivers who’ve committed serious offenses (such as red flag violations), and carriers would be inviting scrutiny by hiring them.
“I can tell you that I recently found out that FMCSA does keep what they call a ‘red list’ of drivers. They consider them the worst drivers in the country and they carefully monitor what companies have hired those drivers,” said former FMCSA Administrator Annette Sandberg
Read the full article at www.thetrucker.com HERE.
How Does Vigillo Help with Red Flag Violations?
Vigillo has recently updated their system so that information about red flags is prominently displayed – both for existing drivers and for prospective driver applicants as well:
- Vigillo Red Flags in Hiring Process: Carriers using Vigillo tools during the driver hiring process such as Vigillo PSP or the new Vigillo PSP Converter immediately see any red flag violations in the applicant’s history represented by a - guess what – easily noticeable red flag icon. See below for a red flag that appears in the driver applicant’s Violation Summary Table:
Vigillo Red Flags for Current Drivers: Vigillo Scorecard subscriber carriers can see today what red flag violations exist in each BASIC, and for which drivers. Here is a drill-down into the Driver Fitness BASIC for a carrier, showing all violations in this BASIC. Notice the Red Flag Column. The Violations column includes an underlined hyperlink so you can drill-down and see all the details about these specific violations. It’s all right at your fingertips.
You can also see any red flag violations when viewing the one driver’s individual scorecard as well:
Bottom line:
- Don’t be surprised by red flag violations in your fleet. If your current drivers have red flag violations, make sure the violations have been corrected and documented. Expect that any intervention will include a review of these red flag violations. Treat new red flag violation seriously. Use Vigillo’s tools to identify these drivers and violations.
- Don’t be surprised by a red flag violation in a new driver’s history. Know that hiring a driver with a red flag violations in his or her past may be inviting additional scrutiny. Use Vigillo PSP and PSP Converter to identify drivers with red flag violations before you hire them.
What has been your experience with red flag violations? Leave a comment.
