Safety Measurement System - Inspection NYSPA3060349 (U.S. DOT# 3864205)

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United States Department of Transportation

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Use of SMS Data/Information

FAST Act of 2015:

Readers should not draw conclusions about a carrier's overall safety condition simply based on the data displayed in this system. Unless a motor carrier has received an UNSATISFACTORY safety rating under part 385 of title 49, Code of Federal Regulations, or has otherwise been ordered to discontinue operations by the Federal Motor Carrier Safety Administration, it is authorized to operate on the Nation's roadways.

Safety Measurement System:

The data in the Safety Measurement System (SMS) is performance data used by the Agency and Enforcement Community. A symbol, based on that data, indicates that FMCSA may prioritize a motor carrier for further monitoring.

The symbol is not intended to imply any federal safety rating of the carrier pursuant to 49 USC 31144. Readers should not draw conclusions about a carrier's overall safety condition simply based on the data displayed in this system. Unless a motor carrier in the SMS has received an UNSATISFACTORY safety rating pursuant to 49 CFR Part 385, or has otherwise been ordered to discontinue operations by the FMCSA, it is authorized to operate on the nation's roadways.

Motor carrier safety ratings are available at http://safer.fmcsa.dot.gov and motor carrier licensing and insurance status are available at http://li-public.fmcsa.dot.gov/.

Detailed Inspection Report as of 1/30/2026

Carrier Information

Carrier Name: Empire Excavating Inc
U.S. DOT#: 3864205
Carrier Address: 6061 Cummings Rd
Akron, NY 14001-9325

Time/Location

Report #: NYSPA3060349
Report State: NY
State: NY
Date: 2/28/2025
Start Time: 1529
End Time: 1549
Level: II. Walk-Around
Facility: Fixed Site
Post Crash Inspection: No
Hazmat Placard Required: No

Vehicle Information

Unit	Type	Make	Plate State	Plate Number	VIN
1	Straight Truck	FORD	NY	81826NF	1FD0W5HT7KED03207

Carrier Violations

Vio Code	Section	Unit	OOS	Description	Included in SMS	BASIC	Reason Not Included in SMS
390.19A2	390.19(a)(2)	1	No	Hmsp Motor Carrier Failed To File Required Biennial Update Of Mcs-150b As Required	No		Not used in SMS Calculation
393.100C-C	393.100(c)	1	No	Cargo - Cargo Not Secured Against Shifting	Yes	Vehicle Maint.
393.60D	393.60(d)	1	No	Windshield / Windows - Tinting Permits Less Than 70% Of Light Transmittance	Yes	Vehicle Maint.
393.95A1	393.95(a)(1)	1	No	Emergency Equipment - Fire Extinguishers - No Fire Extinguisher Present Or Not Properly Rated.	Yes	Vehicle Maint.
393.95F	393.95(f)	1	No	Emergency Equipment - Stopped Vehicle Warning Devices Missing Or Improper	Yes	Vehicle Maint.