According to industry experts, JJ Keller’s yearly report states that FMCSA and its state partners conducted over 12,300 investigations in 2023. Out of these, 4,100 were on-site audits, and 5,800 were on-site focused reviews. In 2023, FMCSA increased on-site audits as more auditors actively conducted field investigations than in 2022. This trend is expected to continue rising this year.

Fines are rising

On-site audits are becoming more thorough, revealing serious violations. As a result, penalties and fines for violations have increased.

The total amount of fines has grown significantly. Because inflation determines the maximum fines allowed by law, they have risen by 17% over the past three years. In 2023, FMCSA collected $26,700,000 in fines, reflecting a 4% increase from the previous year.

What should you prepare for?

Approximately 65% of all critical violations found during FMCSA on-site audits last year were related to recordkeeping. Notably, seven of the top ten violations fell under this category. To ensure compliance with DOT regulations, companies must maintain proper documentation and conduct drug and alcohol testing.

Some things DOT auditors look for

  • Does your company have a DOT-compliant written substance abuse policy?
  • Have your supervisors successfully completed DOT-compliant Reasonable Suspicion Training?
  • Have employees received educational materials about substance abuse? Furthermore, can you prove it?
  • Are your covered employees actively enrolled in a random drug testing program?
  • Do you possess a negative pre-employment test result for each employee?
  • Does each driver currently hold a valid medical card?
  • Did you properly request drug test records from employees’ previous employers?
  • Is your company registered in the FMCSA Clearinghouse?
  • Have you conducted both pre-employment and annual Clearinghouse queries for your drivers?

2023 by the numbers

Overall, 94% of FMCSA on-site audits resulted in at least one violation. Furthermore, 26% led to fines or other penalties.

A total of 3,830 enforcement cases were finalized, marking a 6% increase. In addition, FMCSA collected $26,700,000 in fines, reflecting a 4% rise.

The average settlement paid reached $7,000, showing a 2% increase. Moreover, 52% of audits resulted in acute or critical violations, rising from 47%.

Of these, 32% of audits revealed critical violations, up from 30%, while 20% of audits uncovered acute violations, up from 17% and doubling the percentage from 2020.

Finally, 35% of audits resulted in a less-than-satisfactory safety rating. Specifically, 29% were Conditional, slightly increasing from 28%, and 6% were Unsatisfactory, remaining unchanged.

Top FMCSA fines of 2023

  • $426,210 – Violating OOS order, denying access, HM violations, false logs
  • $160,000 – HM violations
  • $135,390 – Random drug testing & CDL violations
  • $126,960 – Driver qualification violations
  • $111,410 – Log falsification & vehicle maintenance violations

Many small companies mistakenly believe they are exempt from compliance or audits. However, failing to comply can lead to thousands of dollars in fines. In 2023, auditors reviewed 54% of companies with fewer than seven power units. Therefore, all carriers, regardless of size, must prioritize compliance.

As FMCSA on-site audits become more frequent and thorough, companies should take proactive steps to ensure complete compliance with DOT regulations. By staying ahead of the requirements, businesses can significantly reduce risks and avoid costly penalties.

During an on-site inspection, DOT auditors primarily examine driver qualification files and drug/alcohol test records. To simplify compliance, you can partner with InOut Labs, which efficiently manages DOT drug and alcohol testing requirements. This ensures you have all necessary documentation and forms ready for an audit.