DOT audit violations found when the FMCSA knocks on your door for a compliance review aren’t random. They usually tie back to weak hiring practices, poor oversight, and drivers cutting corners. The latest data from FMCSA’s 2025 audit results show that the same issues keep surfacing year after year.

Below are the 10 most common DOT audit violations cited during compliance reviews in 2025, along with practical steps you can take to avoid them.

1. Violation 392.2 — Operating in Violation of Local Laws (12.38%)

This “catch-all” violation is frustrating. It basically documents the roadside citations that brought auditors to your door in the first place. Think of it as FMCSA saying, “You’ve had enough violations already — now we’re here to dig deeper.”

Improvement Tip: While you can’t erase citations received before your FMCSA audit, you can reduce future ones. Focus on driver training, route monitoring, and a strong pre-trip inspection culture. Reinforce that every ticket a driver gets eventually shows up in your audit history. Installing camera in your trucks usually helps tremendously.

2. DOT Audit Violations 382.701(a) — Failing to Conduct a Pre-Employment Clearinghouse Query (5.54%)

Hiring a driver before checking the Drug & Alcohol Clearinghouse is a major compliance gap and is a serious DOT audit violation. Without this step, you might put a driver on the road who recently failed or refused a drug test.

Improvement Tip: Build Clearinghouse queries into your hiring workflow. Assign one responsible person (or your DOT compliance service provider) to confirm the query before onboarding. Document the query in the Driver Qualification (DQ) file every time.

3. DOT Audit Violations 382.701(b)(1) — Failing to Conduct an Annual FMCSA Clearinghouse Query (5.12%)

Even after hiring, you must run a limited query annually on each CDL driver. Too many fleets skip this step, leaving them open to this easily avoidable DOT audit violation.

Improvement Tip: Set an annual reminder system. Many carriers use their TMS, HR software, trucking compliance services or even a simple calendar alert. You could also tie annual drug and alcohol clearinghouse queries to the driver’s work anniversary or to a fixed month each year (like December).

4. Violation 395.8(e)(1) — False Reports of Records of Duty Status (RODS) (4.38%)

“Pencil whipping” logs hasn’t disappeared in the ELD era. Drivers still falsify records — often by editing drive time or misusing personal conveyance. This critical hours of service violation was commonly cited during the 2025 CVSA Roadcheck event and should be monitored very carefully.

Improvement Tip: Audit your drivers’ logs weekly. Look for unassigned drive time, excessive edits, or suspicious patterns. Generally, any personal conveyance use over 40 miles or 40 minutes should be flagged (especially if the driver doesn’t return to the same location that they started from).

Train your dispatchers and managers not to push drivers into corners where falsification feels necessary and always choose the 11/14 violation over a potential 395.8(e) violation.

5. Violation 392.16 — Failing to Use Seat Belts (2.72%)

It’s hard to believe, but seat belt violations remain common — and law enforcement officers continue to treat them seriously. This is another similar violation to 392.2 mentioned above. There isn’t much that can be done after the fact. So, an ounce of prevention is worth the pound of cure here.

Improvement Tip: Make seat belt use a zero-tolerance policy. Communicate it in orientation, post reminders in cabs, and discipline repeat offenders. Installing driver facing cameras to enforce compliance should be considered, especially for repeat offenders.

6. DOT Audit Violations 396.3(b)(2) — No System to Track Maintenance Due Dates (2.38%)

Carriers get cited when they lack a structured way to know when DOT annual inspections, PMs, inspections, and services are due. Sticky notes and driver memory don’t cut it.

Improvement Tip: Implement a maintenance tracking system — whether digital (many fleets use their ELD systems to also track vehicle maintenance reminders now) or even a shared spreadsheet. Every truck and trailer should have a clear maintenance schedule with alerts for both management and drivers. Proper vehicle maintenance is a cornerstone of your DOT compliance program.

7. DOT Audit Violations 396.3(b)(1) — No Maintenance Record Identifying the Vehicle (2.20%)

Each unit needs its own vehicle maintenance record. DOT Auditors expect to see repair history tied to a specific VIN or unit number.

Improvement Tip: Keep a dedicated file for each truck and trailer (digital or paper). Include PM records, repair invoices, DVIRs, and inspection sheets. Don’t let records get lumped together. The vehicles selected for deeper inspection during a DOT compliance review isn’t random.

Those trucks that have been involved in crashes or recent roadside inspections are top of the list. Also, make sure that any vehicle maintenance concern that is identified during a roadside inspection is corrected quickly and documented clearly.

8. DOT Audit Violations 382.301(a) — Using a Driver Before Receiving Pre-Employment Drug Test Results (1.94%)

This serious red-flag violation and could cost you up to about $8,000 per violation. Letting a driver hit the road before the negative test result is back puts your company at huge risk.

Additionally, this violation is considered an “Acute” violation by the FMCSA and will cause the automatic failure of the Drug and Alcohol section of your DOT audit. Your chances of receiving a Conditional Safety Rating increase dramatically. Even if you don’t receive a Conditional rating, you’ll have a CSA BASIC alert in drug and alcohol for 1 year following the investigation.

Improvement Tip: Never put a driver behind the wheel until you have written proof of a negative test result. If you’re in a rush to cover freight, use a qualified relief driver instead. Be sure to use a good driver onboarding checklist and never skip this critical step in the process to prevent this serious DOT audit violation.

9. Violations 395.8(a)(1) — Not Using the Appropriate Method to Record Hours of Service (1.89%)

Drivers must use an ELD unless exempt (short-haul, pre-2000 engines, etc.). Companies cited here often let drivers use paper logs when they shouldn’t. This is one of the most common reasons that drivers are placed out of service on the roadside as well.

Improvement Tip: Verify which drivers and/or trips actually qualify for exemptions. Everyone else must be on a registered ELD. Conduct random checks to ensure logs are being recorded properly and be sure to regularly audit your driver’s use of HOS exemptions. Be sure to check out the FMCSA’s Hours of Service page for complete HOS regulation information.

10. Violation 395.3(a)(2) — Driving After 14 Hours on Duty (1.88%)

Even with ELDs, hours-of-service violations continue. This one involves allowing a driver to remain on duty beyond the 14-hour daily limit.

Improvement Tip: Teach dispatchers to plan loads within HOS limits. Stress that “just one more load” or “just a few more miles” is not worth a violation. Things happen on the road, but careful planning can help prevent most of these violations. Use your ELD’s reporting features to flag violations before they happen.

Also, if your driver has to choose between taking the 11/14 hour violation or scooting over into Personal Conveyance to “find a safe place to park” after their clock is botched, always take the hours violation rather than risking a potential log falsification (395.8(e)) violation. Each count as as 7 CSA violation points, but log falsifications can cost you serious money during an audit.

Final Thoughts

If you notice a theme here, you’re not alone. Most of the top violations aren’t about exotic rules — they’re about basic DOT compliance steps that slip through the cracks. Bad hiring practices, weak driver oversight, and sloppy recordkeeping fuel most audit failures.

The good news? Every one of these violations is preventable with consistent systems, training, and accountability.

Build compliance into your company culture, and you’ll not only pass audits — you’ll reduce roadside inspections, lower your CSA scores, maintain a good DOT safety rating and keep your trucks on the road.

Regulatory References

These federal regulations and FMCSA programs are the main authorities tied to the most common 2025 DOT audit violations and the compliance areas investigators review.

• 49 CFR Part 385 — Safety Fitness Procedures (Compliance Reviews & Safety Ratings)
• 49 CFR § 392.2 — Operating a CMV in violation of State/local laws
• 49 CFR § 392.16 — Use of seat belts
• 49 CFR Part 382 Subpart G & § 382.701 — FMCSA Drug & Alcohol Clearinghouse (pre-employment & annual queries)
• 49 CFR § 382.301 — Pre-employment drug testing
• 49 CFR Part 40 — DOT Drug & Alcohol Testing Procedures (collections, MRO, SAP, RTD)
• 49 CFR § 395.3 — Maximum driving time / 11- and 14-hour limits
• 49 CFR § 395.8 — Records of duty status (RODS), ELD use, and falsification rules
• 49 CFR § 396.3 — Inspection, repair, and maintenance (systems and records)

About The Author

Sam Tucker is the founder of My Safety Manager, a DOT compliance and fleet safety consulting firm that helps trucking companies stay audit-ready and reduce risk. With over 20 years of experience guiding fleets through FMCSA regulations, CSA score improvement, and trucking risk management, Sam has worked with carriers of all sizes — from small family operations to over 900-unit fleets. He regularly publishes practical fleet safety tips, compliance checklists, and training resources to help carriers avoid costly DOT audit violations and operate more safely.

When he’s not helping fleets improve safety and compliance, Sam enjoys spending time with his family, cooking, and reading.