Violation codeUnsafe Driving

§392.71

Radar detector use or possession

49 CFR §392.71

Drivers may not use a radar detector in a CMV, and the carrier may not require or permit one. Severity weight 2 in the Unsafe Driving BASIC, but a reliable indicator of broader speed-management problems.

At a glance

Severity
2
OOS eligible
No
BASIC category
Unsafe Driving
Typical fine
$100–$1,000 per offense

§392.71 prohibits a CMV driver from using a radar detector and prohibits the carrier from requiring or permitting one in a CMV. The rule covers both active and passive radar/laser-detection devices. Mere possession in the driving compartment is sufficient — the device does not need to be plugged in.

Severity weight

Severity weight 2 in the Unsafe Driving BASIC. The weight is low, but a §392.71 finding is correlated with other speed-related citations and is a reliable indicator that the carrier's speed-management program needs work.

How to prevent it

  • Issue a written no-radar-detector policy and retain the acknowledgment in §391.51.
  • Spot-check vehicles during yard inspections — devices migrate from personal vehicles to CMVs without the carrier knowing.
  • Address the underlying incentive: drivers carry detectors when dispatch schedules don't fit posted speed limits.

How Roadworthy HQ helps

A radar-detector citation lands on the driver. Roadworthy HQ does not record individual violation codes, pull CSA or SMS scores, or track coaching. What it keeps is the driver file an auditor opens next: the annual MVR and the §391.25 annual review, each with reminders 60, 30, and 7 days out, and the qualification-file documents with their retention periods enforced. If the citation came from a roadside inspection, log that inspection on the vehicle (date, state, level, driver, number of violations, out-of-service or not).

Related violations

Roadworthy HQ

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Not legal advice · CFR is the authoritative source · SMS Appendix A publishes current severity weights