FMCSR 382.405: Annual Summary Report Not Prepared

No. Code 382.405 is not an out-of-service violation. Across all-time enforcement records in our database, this citation has resulted in zero out-of-service placements, with an OOS rate of 0.0%. This is a recordkeeping violation tied to carrier-level compliance, not a driver safety defect that would sideline your vehicle.

This violation carries a CSA severity weight of 2, meaning each citation adds 2 points to your safety profile in the 30-day rolling window. If you receive multiple citations in that period, they stack. Points decay after 30 days. A weight of 2 is significantly lower than OOS-level drug and alcohol violations in the same category, which range from 95.9% to 99.2% out-of-service rates.

First: notify your carrier's safety and compliance team right away—this is a motor carrier reporting requirement, not a driver-only issue. Second: confirm your carrier understands the citation is about annual calendar-year testing result documentation, not your personal conduct. Third: do not dispute the citation yourself; your carrier's management must address the underlying records gap. Fourth: request a copy of the inspection report to understand which testing records were incomplete.

No—it is far less serious. Unlike peer violations in the controlled substances category, 382.405 is a documentation issue, not a driver conduct violation. Compare: drug use violations (392.4A-DOSP, 392.4(a)) carry 95.9%–96.9% out-of-service rates and 3,000+ citations each. Alcohol possession (392.5(a)(3)) hits 98.2% OOS with 1,301 citations. Code 382.405 has zero all-time out-of-service placements across our records.

Yes, but only if the citation is factually incorrect. The DataQs (Safety and Fitness Electronic Records System) challenge process is available for roadside inspection records. However, 382.405 violations typically stem from missing or incomplete carrier documentation discovered during carrier audits or inspections. If your carrier did not maintain required annual summary records, the citation will likely stand. Consult with your carrier's compliance officer before filing a challenge.

We cannot identify a geographic concentration. Across 13 million+ roadside inspection records in our database, code 382.405 has generated zero citations in the last 12 months and zero all-time citations. This violation is extremely rare in enforcement activity, suggesting it is either investigated through carrier-level audits rather than roadside inspections, or compliance rates are exceptionally high.

Lower urgency than OOS violations, but not ignorable. Because the citation is not out-of-service eligible, your truck and license remain valid. However, your carrier must remediate the missing annual summary documentation to close the compliance gap. The enforcement data shows zero citations in the last 90 days, indicating this is not a current enforcement priority—but that does not eliminate the underlying regulatory requirement.

This citation follows the carrier, not the driver. Code 382.405 is a motor carrier obligation: preparing and maintaining annual calendar-year summaries of substance-testing results. The violation appears on the carrier's safety record in the FMCSA database and affects fleet CSA scores. Drivers are not typically cited individually for this—it is a fleet-level compliance and record-management issue.