Unsafe Driving
Operating a CMV in a dangerous or careless manner
By Yurii Chornous · Updated June 2026
The Unsafe Driving BASIC captures dangerous CMV operation — speeding, reckless driving, improper lane changes, inattention, texting, and seat-belt violations. It is one of the most-cited BASICs at roadside inspections and a primary driver of CSA score impact for carriers.
Codes
98
OOS-eligible
0
Inspections
1,561,347
Common examples
- ›Speeding 11-14 mph over the limit
- ›Failure to use a seat belt
- ›Texting while driving a CMV
- ›Reckless driving or improper lane change
- ›Following too closely
All Unsafe Driving violation codes
Ranked by national citation volume · 98 codes
| Code | Description | Pts | OOS | |
|---|---|---|---|---|
| 392.10A6-RRC | Railroad Crossing - Driver failed to stop at a railroad grade crossing - Cargo Tank Operating Under a Special Permit. | 5 | Non-OOS | View → |
| 35400(a) - 392.2DIM | Multi-axle. Semitrailer over 48 feet in length does not have a kingpin to rear axle (KPRA) measurement of 40 feet or less—392.2DIM | — | Non-OOS | View → |
| 392.2-SLLS2 | State/Local Laws - Speeding 6-10 miles per hour over the speed limit. | 4 | Non-OOS | View → |
| 392.2C | Failure to obey traffic control device | 5 | Non-OOS | View → |
| 392.16 | Failing to use seat belt while operating a CMV | 7 | Non-OOS | View → |
| 392.2-SLLS3 | State/Local Laws - Speeding 11-14 miles per hour over the speed limit. | 7 | Non-OOS | View → |
| 392.2-SLLTCD | State/Local Laws - Failed to obey a traffic control device - Permanent or Temporary - e.g., safety offical, signal, sign, light, lane marking, other. | 5 | Non-OOS | View → |
| 392.2LV | Lane Restriction violation | 3 | Non-OOS | View → |
| 392.2-SLLS4 | State/Local Laws - Speeding 15 or more miles per hour over the speed limit. | 10 | Non-OOS | View → |
| 392.2-SLLLR | State/Local Laws - Lane restriction violation. | 3 | Non-OOS | View → |
| 392.16-D | Driver - Failed to use seat belt while operating a CMV. | 7 | Non-OOS | View → |
| 392.82(a)(1) | Using a hand-held mobile telephone while operating a CMV | 10 | Non-OOS | View → |
| 392.2-SLLSWZ | State/Local Laws - Speeding work/construction zone. | 10 | Non-OOS | View → |
| 392.82DUMT | Driver - Using a hand-held mobile telephone. | 10 | Non-OOS | View → |
| 392.2-ML | Failure to Maintain Lane | 5 | Non-OOS | View → |
| 392.2-INAT | Driver- Inattentive or Distracted Driving. | 5 | Non-OOS | View → |
| 392.2PK | Unlawfully parking and/or leaving vehicle in the roadway | 1 | Non-OOS | View → |
| 392.2LC | Improper lane change | 5 | Non-OOS | View → |
| 392.2-SLLCP | State/Local Laws - Operate a CMV while using a cellular phone. | 10 | Non-OOS | View → |
| 392.2FC | Following too close | 5 | Non-OOS | View → |
| 392.2-SLLML | State/Local Laws - Failure to maintain lane. | 5 | Non-OOS | View → |
| 392.16AD | Driver - Failed to use seat belt while operating a CMV. | 7 | Non-OOS | View → |
| 392.2-SLLFC | State/Local Laws - Following too closely. | 5 | Non-OOS | View → |
| 392.2-SLLUP | State/Local Laws - Unlawfully parking /leaving vehicle on roadway. | 1 | Non-OOS | View → |
| 392.22(a) | Failing to use hazard warning flashers | 1 | Non-OOS | View → |
| 392.22A-D | Driver - Failed to activate hazard warning signal flashers. | 1 | Non-OOS | View → |
| 392.16B | Operating a property-carrying commercial motor vehicle while all other occupants are not properly restrained. | 7 | Non-OOS | View → |
| 392.2-SLLILC | State/Local Laws - Improper lane change. | 5 | Non-OOS | View → |
| 392.16BDPASS | Driver - Failed to require passenger(s) (not a co-driver) to use seat belt while operating a property-carrying CMV. | 7 | Non-OOS | View → |
| 392.71(a) | Using or equipping a CMV with radar detector | 5 | Non-OOS | View → |
| 392.2T | Improper turns | 5 | Non-OOS | View → |
| 392.2Y | Failure to yield right of way | 5 | Non-OOS | View → |
| 392.2-SLML | State/Local Laws - Failure to maintain lane. | 5 | Non-OOS | View → |
| 392.80(a) | Driving a commercial motor vehicle while Texting | 10 | Non-OOS | View → |
| 392.60(a) | Unauthorized passenger on board CMV | 1 | Non-OOS | View → |
| 392.71A-D | Driver - Using or equipping a CMV with a radar detector. | 5 | Non-OOS | View → |
| 392.2SLIMPT | State/Local Laws - General impeding traffic. | 5 | Non-OOS | View → |
| 392.2-SLLIT | State/Local Laws - Improper turns. | 5 | Non-OOS | View → |
| 392.2-SLLT | State/Local Laws - Operating a CMV while texting | 10 | Non-OOS | View → |
| 392.2-SLTFC | State/Local Laws - Speeding basic rule/speed too fast for conditions. | 5 | Non-OOS | View → |
| 392.2-DMOVE | Driver - Move over/slow law - Failure to yield right of way to authorized emergency vehicles. | 5 | Non-OOS | View → |
| 392.2-SLLFY | State/Local Laws - Failed to yield right of way. | 5 | Non-OOS | View → |
| 392.2P | Improper passing | 5 | Non-OOS | View → |
| 392.2SLTRS | State/Local Laws - Truck routing restriction. | 3 | Non-OOS | View → |
| 392.60A-D | Driver - Unauthorized passenger(s) on-board a CMV. | 1 | Non-OOS | View → |
| 397.3 | State/local laws ordinances regulations | 1 | Non-OOS | View → |
| 392.16B-CPASS | Co-Driver - Failed to use seat belt while operating a property-carrying CMV. | 7 | Non-OOS | View → |
| 392.2R | Reckless driving | 10 | Non-OOS | View → |
| 392.2-RRTCD | Railroad Crossing - Failed to obey a traffic control device or the direction of an enforcement offical at a railroad-highway crossing | 5 | Non-OOS | View → |
| 392.80-TEXTING | Driver - Prohibition against texting in a CMV. | 10 | Non-OOS | View → |
| 392.2SLFYEMV | State/Local Laws - Failure to yield to emergency vehicle. | 5 | Non-OOS | View → |
| 392.2-SLLIP | State/Local Laws - Improper passing. | 5 | Non-OOS | View → |
| 392.14 | Failed to use caution for hazardous condition | 5 | Non-OOS | View → |
| 392.2-SLLRD | State/Local Laws - Reckless driving. | 10 | Non-OOS | View → |
| 390.17DT | Operating a CMV while texting | 10 | Non-OOS | View → |
| 392.2DIB | Driver - Improper backing. | 5 | Non-OOS | View → |
| 392.2DH | Headlamps - Failing to dim when required | 3 | Non-OOS | View → |
| 392.14-D | Driver - Failing to use extreme cauthions in a CMV when hazardous conditions exist. | 5 | Non-OOS | View → |
| 392.2-SLLHFD | State/Local Laws - Headlamps; fail to dim when required. | 3 | Non-OOS | View → |
| 397.13 | Smoking within 25 ft of HM vehicle | 1 | Non-OOS | View → |
| 392.82(a)(2) | Allowing or requiring a driver to use a hand-held mobile telephone while operating a CMV | 10 | Non-OOS | View → |
| 392.10(a)(4) | Failure to stop at railroad crossing - HM Cargo Tank vehicle | 5 | Non-OOS | View → |
| 177.804B3 | 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 | 10 | Non-OOS | View → |
| 392.10(a)(3) | Failure to stop at railroad crossing - CMV requiring display of HM placards | 5 | Non-OOS | View → |
| 392.2RR | Railroad Grade Crossing violation | 5 | Non-OOS | View → |
| 397.13A-HMDP | HM (Driving & Parking) - No person may smoke/light/carry a lighted cigarette/cigar/pipe within 25 feet of a motor vehicle containing Class 1, 5, or flammable materials Class 3, Division 2.1, 4.1, or 4.2. | 1 | Non-OOS | View → |
| 392.10A3-RRC | Railroad Crossing - Driver failed to stop at a railroad grade crossing - Hazmat Placard Vehicle. | 5 | Non-OOS | View → |
| 392.2DUTIS | Driver - U-turn on interstate. | 5 | Non-OOS | View → |
| 392.71B-MC | Carrier - Motor carrier permit/require a driver to use or equip a CMV with a radar detector. | 5 | Non-OOS | View → |
| 392.10A4-RRC | Railroad Crossing - Driver failed to stop at a railroad grade crossing - Hazmat Cargo Tank. | 5 | Non-OOS | View → |
| 398.4 | Driving of vehicles - Transportation of Migrant Workers | 1 | Non-OOS | View → |
| 390.33-XS | 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. | 1 | Non-OOS | View → |
| 392.11 | Commercial Vehicle failing to slow down approaching a railroad crossing. | 5 | Non-OOS | View → |
| 392.11-RRC | Railroad Crossing - Driver failed to stop/due care at a railroad grade crossing. | 5 | Non-OOS | View → |
| 392.6 | Scheduling a run which would necessitate the vehicle being operated at speeds in excess of the prescribed | 5 | Non-OOS | View → |
| 392.10(a)(1) | Failure to stop at railroad crossing - Bus transporting passengers | 5 | Non-OOS | View → |
| 397.13B-HMDP | HM (Driving & Parking) - No person may smoke/light/carry a lighted cigarette/cigar/pipe within 25 feet of an empty motor vehicle which contained Class 3, flammable materials or Division 2.1 that required the vehicle to be marked or placarded. | 1 | Non-OOS | View → |
| 392.2-RRUC | Railroad Crossing - The driver fails to negotiate a crossing because of insufficient undercarriage clearance. | 5 | Non-OOS | View → |
| 177.804B1 | Failure to comply with the Safe Clearance requirements for highway-rail grade crossings in 49 CFR Section 392.12 | 5 | Non-OOS | View → |
| 392.2SLPSC | State/Local Laws - Driver failing to obey School Bus safety communication. | 5 | Non-OOS | View → |
| 392.2-SLLSRGC | State/Local Laws - State railroad grade crossing violation. | 5 | Non-OOS | View → |
| 392.2DFYPD | Driver - Failing to yield to pedestrian/bicyclist. | 5 | Non-OOS | View → |
| 390.33-BSEM | Buses - Seating in excess of the manfacturer''s designed seating capacity. | 1 | Non-OOS | View → |
| 392.10A1-RRC | Railroad Crossing - Driver failed to stop at a railroad grade crossing - Bus. | 5 | Non-OOS | View → |
| 398.4-MW | Migrant Workers - Driving of vehicles transporting migrant workers in violation of this part. | 1 | Non-OOS | View → |
| 392.62 | Unsafe bus operations | 1 | Non-OOS | View → |
| 392.6-MC | Carrier - Motor carrier schedule a driver(s) to operate a CMV in excess of speed limits. | 5 | Non-OOS | View → |
| 392.12-RRCC | Railroad Crossing - Driver failed to have sufficent space to drive completely through crossing without stopping. | 5 | Non-OOS | View → |
| 177.804B2 | Failure to comply with 49 CFR Section 392.80 Texting While Operating a CMV when transporting select agents or toxins or HM requirement Placarding | 10 | Non-OOS | View → |
| 177.804C | 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 | 10 | Non-OOS | View → |
| 392.62(a) | All standees on a bus are to be rearward of the white standee line | 1 | Non-OOS | View → |
| 392.2-SLLFMH | State/Local Laws - Fire Marshal hazmat violation. | 1 | Non-OOS | View → |
| 177.804B | Failure to comply with 49 CFR Section 392.80 Texting While Operating a CMV When Transporting Select Agents or Toxins or HM Requiring Placarding | 10 | Non-OOS | View → |
| 392.62A-PC | Passenger Carrier - Operating a bus with standees not rearward of the white standee line. | 1 | Non-OOS | View → |
| 392.67-D | Driver - Operating CMV while open flame heater is burning. | 1 | Non-OOS | View → |
| 392.10A5-RRC | Railroad Crossing - Driver failed to stop at a railroad grade crossing - Hazmat Elevated Temperature Cargo Tank. | 5 | Non-OOS | View → |
| 392.10(a)(2) | Failure to stop at railroad crossing - CMV transporting Division 2.3 Chlorine | 5 | Non-OOS | View → |
| 392.10A2-RRC | Railroad Crossing - Driver failed to stop at a railroad grade crossing - Division 2.3 Chlorine. | 5 | Non-OOS | View → |
Frequently asked questions
What violations count toward the Unsafe Driving BASIC?
Roadside violations of FMCSRs Parts 392 and 397 — driving while ill or fatigued, speeding, reckless driving, improper lane change, inattention, mobile phone use, and seat-belt violations.
Are Unsafe Driving violations always out-of-service?
No. OOS status depends on the specific violation. Many Unsafe Driving citations are written without an OOS order, but they still affect your CSA score.
How long do Unsafe Driving violations stay on your record?
24 months from the inspection date, with time-weighting applied: recent violations (≤6 months) count 3×, then 2× up to 12 months, then 1× up to 24 months.
Explore other BASICs
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Vehicle Maintenance
Mechanical defects found at roadside inspections
Drugs & Alcohol
Drug and alcohol regulation violations
HazMat
HM placarding, paperwork, packaging, and route compliance
Driver Fitness
CDL, medical certification, and driver qualification
Crash Indicator
Reportable crashes from the past 24 months