In safety management, theory is important, but nothing teaches a lesson quite like a real-world example. We often talk about the risks of parking on a highway shoulder, but today we’re going to move from discussion to dissection.
We have a genuine Driver/Vehicle Examination Report (DVER) from a Level III inspection conducted by the Louisiana State Police. This isn’t a hypothetical scenario; it’s a documented event that serves as a powerful case study for every driver, owner-operator, and safety manager.
Let’s break down this report line by line to see exactly how one common mistake—improper parking—became the trigger for three separate violations, putting both the driver and the carrier on DOT’s radar.
What Happened: The Story Behind the Report
By looking at the report, we can piece together the entire event.
The Scene: At 3:54 AM on Highway 10 W in Lacassine, Louisiana, a Louisiana State Police officer initiated an inspection on a truck.
The Inspection Type: It was a Level III Inspection, which is a “Driver-Only” inspection. This means the officer focused on the driver’s credentials, documentation, and compliance with Hours of Service and other driver-related regulations.
The Trigger: The very first violation listed is L.R.S. 32:143 IMPROPER PARKING. This tells us everything we need to know. The driver was not pulled over for a moving violation. The officer most likely saw the truck parked on the shoulder or ramp and stopped to perform a welfare check, assuming there was an emergency.
Upon discovering the driver was stopped for a non-emergency reason, the officer’s focus shifted from assistance to enforcement. This is the crucial pivot point. The officer then evaluated the situation based on the rules governing stopped vehicles, leading directly to the next two violations.
The Violation Breakdown: A Regulatory Snowball
Let’s look at the “Violations Discovered” section of the report. This is where a single error snowballed into a series of documented compliance failures.
Violation 1: Improper Parking (Louisiana Revised Statute 32:143)
The first citation isn’t even an FMCSA regulation; it’s a state law. This is a critical reminder that drivers must comply with local and state traffic laws in addition to federal rules. In this case, the officer cited a Louisiana statute that governs stopping and parking on state highways.
On the report, this is coded under the federal violation 392.2, which is the general “Unsafe Driving” regulation. The note “P143” likely refers to the state statute. This violation established the legal basis for the inspection and confirmed the driver should not have been parked there in the first place.
Violation 2: § 392.22(a) – Failed to Activate Hazard Warning Flashers
Once the officer determined the truck was stopped, their next check was for compliance with emergency procedures. According to FMCSA § 392.22(a), whenever a CMV is stopped on the shoulder of a highway, the driver must immediately activate the vehicle’s hazard warning flashers.
The officer noted this was not done. The driver likely didn’t turn them on because they didn’t perceive their situation as an emergency stop. But in the eyes of the law, a stopped truck is a stopped truck, and the rules apply regardless of the driver’s intent.
Violation 3: § 392.22(b) – Failed to Place Warning Devices
This violation was the logical next step in the officer’s inspection process. Regulation § 392.22(b) requires a driver to place three emergency warning devices (reflective triangles) on the highway within 10 minutes of stopping.
One triangle approximately 100 feet behind the vehicle.
One triangle approximately 10 feet behind the vehicle.
One triangle approximately 100 feet ahead of the vehicle (on the traffic side).
Since the driver was likely just taking an unauthorized break, they made no attempt to place their triangles. For the officer, this was a clear-cut violation. The driver failed to follow the required safety protocols for a vehicle stopped on a highway shoulder.
How to Prevent This From Happening to You
This entire inspection, and the resulting violations, were 100% preventable. The responsibility falls on both the driver’s actions and the carrier’s training program.
For Drivers: It Starts with Planning
Eliminate the Root Cause: The improper parking violation was the trigger. This is avoided with disciplined trip planning. Know where you will stop for your breaks and end-of-day parking before you start your trip. Use apps and call truck stops ahead of time if necessary.
Master Your Emergency “Muscle Memory”: In a true emergency, you must react instantly and correctly. Train yourself on this sequence until it’s automatic:
STOP: Pull over as safely and as far to the right as possible.
FLASHERS: Activate your hazard lights immediately.
TRIANGLES: Start your 10-minute mental clock and deploy your triangles.
CALL: Contact dispatch or roadside assistance.
Turn In Your Paperwork: The bottom of the report references 49 CFR 396.9. This regulation requires the driver to submit the inspection report to their motor carrier within 24 hours. Hiding a bad inspection is not an option and will only lead to more trouble.
For Fleet Managers: Use This as a Training Tool
Review Every Report: When a driver turns in an inspection report, it’s a learning opportunity. The carrier is required to sign the report, certifying that corrective action has been taken. In this case, the corrective action is driver retraining.
Coach, Don’t Just Punish: Sit down with the driver and walk through the report. Explain why the officer wrote each violation. Use this exact scenario to illustrate how a simple parking stop turns into three marks on their record.
Make Parking a Policy: Your company safety policy must have a clear procedure for what to do when a driver can’t find parking. Instruct them to communicate with dispatch early and often. Back them up for making the safe choice, even if it means finding a creative but legal parking solution.
A Lesson Stamped in Black and White
This inspection report is more than just a piece of paper; it’s proof of a predictable outcome. An officer saw a potential hazard, investigated, and followed a logical enforcement path based on the regulations. The driver’s simple mistake of parking on a shoulder for a non-emergency reason created a situation where compliance was impossible.
These three violations now live on the driver’s record and impact the carrier’s CSA score under the Unsafe Driving BASIC. Don’t let your company be the subject of the next case study. Proactive planning, rigorous training, and a culture of compliance are your best defense against preventable violations like these.
