FMCSR 374.313(b): Violations, OOS Rate & What Drivers Need to Know

No. Across our 13 million inspection records, the 0.0% out-of-service rate for 374.313(b) means this violation has never resulted in an immediate roadside OOS placement. In contrast, the all-FMCSR average OOS rate is 31.4%, so this citation is significantly less likely to ground your vehicle than many other violations. You'll receive the citation, but your truck stays on the road.

This is a low-enforcement violation. Our records show only 8 all-time citations for 374.313(b), ranking it #2269 out of 3,036 FMCSR codes by citation volume. Peer violations in the same category range from 376.11(d)(1) with 6,383 citations down to 107.620B with 486 citations. The 0.0% OOS rate also places it well below the 31.4% national average, indicating inspectors view it as a documentation or minor procedural issue rather than an equipment safety defect.

First, document the inspection details: date, location, inspector badge number, and the specific violation description on your citation. Request a copy of the inspection report and photograph any equipment or documentation cited. Review your logbook, maintenance records, and vehicle inspection reports for the inspection date. If you believe the citation is factually incorrect (wrong vehicle, wrong date, misidentified equipment), file a DataQs (FMCSA Safety Management System dispute) within 90 days. Contact your carrier's compliance team immediately if you're a driver for a carrier.

Since 374.313(b) carries a 0.0% out-of-service rate and has generated zero citations in the last 90 days, there is no acute safety deadline. The violation is not OOS-eligible, meaning it's not flagged as a critical defect requiring immediate repair. However, you should address the underlying compliance issue (whether documentation, reporting, or procedural) within 30 days and document your corrective action. If it's a recurring issue, it may affect your carrier's CSA scores and future audit outcomes.

Our records show TUFESA USA LLC (USDOT 1215199) has the highest citation count with 4 citations for 374.313(b). AUTOBUSES EJECUTIVOS LLC (USDOT 1044521) has 2 citations, and both CONFORT TRAVEL LLC and MCDUFFIE TRANSPORTATION LLC have 1 each. The concentration of citations among a small number of carriers suggests this violation tends to be systemic (affecting how a carrier processes paperwork or reports data) rather than random driver error.

This code is effectively dormant. Our database records zero citations in the last 12 months and zero in the last 90 days, despite containing data from 13 million roadside inspections. The all-time count is only 8 citations across the entire dataset. Inspectors are not actively citing this violation in current enforcement. If you receive a citation for it now, it would be unusually rare and worth careful review for possible error or misapplication.

VOLVO tractors and buses account for 6 of the 8 all-time citations. MCIN (1 citation) and SCANIA (1 citation) made up the remainder. The data is too sparse to draw a strong pattern, but the concentration in VOLVO units may reflect a specific fleet or a particular model-year equipment issue. If you drive a different make, the violation is even rarer for your vehicle type.

Yes. The FMCSA DataQs system allows you to dispute citations within 90 days if you believe the finding is factually inaccurate. Since 374.313(b) is typically a documentation or procedural violation (not equipment-based), your dispute should focus on whether the violation actually occurred—for example, if the cited record was not yours, the date was wrong, or the requirement didn't apply. File through the FMCSA Safety Management System portal with supporting documentation (inspection report, your records, evidence of compliance). Carriers can also file disputes on behalf of their drivers.