FMCSR 383.23(c) Citations: What Drivers Need to Know

Yes. Our inspection records show a 100.0% out-of-service rate for citations of 383.23(c)—meaning every driver cited with this violation has been placed out of service. This is significantly higher than the 31.4% average across all FMCSR codes, making this one of the most serious violations in the Driver Fitness category. If you receive this citation, expect your truck to be removed from service immediately and do not operate until the violation is resolved.

This violation is extremely rare. Across our 13 million+ inspection records, 383.23(c) has only 4 all-time citations and ranks #2480 out of 3,036 FMCSR codes by enforcement volume. In the last 90 days and last 12 months, we recorded zero citations. The rarity does not mean lenience—the 100.0% OOS rate shows that when inspectors do cite this code, enforcement is absolute.

First, stop operating immediately—your truck is out of service. Review the specific violation details on your citation to understand what Driver Fitness requirement was not met. Contact your carrier's safety or compliance team to confirm the corrective action needed. Document any remediation steps (medical recertification, training, license renewal, etc.) and gather proof. Retain all correspondence and evidence of correction to present if you contest the citation or appeal the out-of-service status.

Yes. The 100.0% out-of-service rate for 383.23(c) is far more severe than most peer codes in the Driver Fitness category. For example, 391.41(a) (Physical qualification - general) has a 16.2% OOS rate, and 391.41A-MCPC is 14.4%. Only codes like 383.23(a)(2) (wrong CDL class, 98.4% OOS) and 383.23A2-LCDLN (operating without a valid CDL, 98.6% OOS) approach this level of severity. Your citation reflects a fundamental driver eligibility issue.

Yes, you can file a DataQs (FMCSA Safety Management System Record Dispute Resolution) challenge if you believe the citation is inaccurate or if supporting documentation was missing at inspection. DataQs allows drivers and carriers to contest factual findings. You typically have a limited window to submit your appeal with evidence (medical records, updated credentials, training certificates, etc.). Contact your carrier's compliance department to initiate the process, as they may have the documentation needed to support your dispute.

Our inspection records show four carriers with 383.23(c) citations all-time: Edgewood Trucking LLC (USDOT 1358909), Collin C Craft (USDOT 2539629), RDI Construction Inc (USDOT 3451236), and Swift OK Trucking LLC (USDOT 3738828). Each carrier received one citation. The rarity of enforcement means most fleets avoid this violation entirely by ensuring drivers meet all baseline fitness requirements before assignment.

Immediately. With a 100.0% out-of-service rate, your truck cannot legally operate until the violation is cleared. The clock starts when you are placed out of service. Do not delay remediation—contact your carrier right away to identify the exact requirement not met and what steps (recertification, medical exam renewal, training, etc.) are needed. The longer the violation remains unresolved, the longer your truck is offline and non-revenue-generating.

Our records show limited vehicle type data for 383.23(c) citations. Of the four all-time citations, one involved a GMC and one was recorded with unknown vehicle make. The low citation count means vehicle type is not a strong predictor of enforcement for this code. Focus instead on driver qualifications and documentation, which are the actual violations being cited.