FMCSR 383.71(h) Citations: OOS Risk, CSA Points & Next Steps

Almost certainly not. Across all 4,444 all-time citations for 383.71(h) in our inspection records, only 22 vehicles were placed out of service — an OOS rate of just 0.5%. The regulation is also flagged as not OOS-eligible as a standard matter, which is consistent with that extremely low rate. Compare that to the all-FMCSR average OOS rate of 31.4%, and it's clear this citation rarely stops a truck at the roadside. The 22 OOS placements that did occur likely involved compounding factors from other violations cited at the same inspection.

The STATISTICS block for 383.71(h) does not include a published severity weight, so a specific point value cannot be confirmed here. What the data does show is that this violation falls under the Driver Fitness BASIC in CSA. Violations cited within the last 6 months carry a 3× time multiplier, those between 6–12 months carry 2×, and those older than 12 months carry 1×. Because 383.71(h) has recorded zero citations in the last 12 months across our database, its current real-world impact on active CSA scores appears minimal — but the violation still posts to your DAC-style inspection record.

Take these steps immediately:

1. Contact your state driver's licensing agency (SDLA). The violation means your medical certificate is valid but not on file where it needs to be — this is a paperwork sync issue, not a medical disqualification.
2. Get written confirmation from the SDLA that your certificate is now on file and retain that document.
3. Notify your carrier's safety department the same day. Our records show large carriers like NEW PRIME INC, SWIFT TRANSPORTATION, and J B HUNT have each accumulated multiple 383.71(h) citations, suggesting fleet-wide processes for resolving this exist.
4. Preserve your medical certificate copy in your cab until the state record is confirmed updated.
5. Consider filing a DataQs request if the SDLA confirms the certificate was already on file at the time of inspection.

Relative to its peer codes, 383.71(h) sits at the mild end of the spectrum. Its 0.5% OOS rate is far below the all-FMCSR average of 31.4%. Compare it to closely related Driver Fitness codes: 383.23(a)(2) (wrong CDL class) carries a 98.4% OOS rate across 50,385 citations, and 383.23A2-LCDLN (operating without a valid CDL at all) carries a 98.6% OOS rate across 47,123 citations. Those violations will stop your truck on the spot. 383.71(h) is essentially a filing gap — your certificate exists, it just isn't synced to the SDLA record — which is why enforcement treats it far less severely.

Yes, and it's worth doing if the facts support it. The DataQs RDR (Request for Data Review) process lets drivers and carriers challenge inspection data posted to FMCSA's systems. Because 383.71(h) is a documentation-based finding — specifically whether your medical certificate was on file with your SDLA at the time of inspection — it is directly contestable with evidence. If you can obtain a letter or system record from your SDLA showing the certificate was already on file on the date of the inspection, that documentation gives you strong grounds for removal. Submit the DataQs request at the FMCSA portal with that supporting record attached.

The STATISTICS block for 383.71(h) does not include a state-level breakdown, so specific states and their citation counts cannot be confirmed from our data. What the overall numbers do show is that across 4,444 all-time citations, enforcement is spread across a national carrier base — top-cited carriers include operations headquartered in multiple regions, from J B HUNT TRANSPORT (USDOT 80806) to GOLD-EAGLE COOPERATIVE (USDOT 721599). If state-level data becomes available in our records, it will be reflected in the full violation profile on TruckCodex.

The urgency is moderate but real. With an OOS rate of only 0.5%, this violation almost never pulls a truck off the road on the spot, and our inspection records show zero citations in the last 90 days and zero in the last 12 months, suggesting active enforcement is currently quiet. However, the citation still posts to your inspection record and contributes to your carrier's Driver Fitness BASIC score. Fix the SDLA filing gap as quickly as possible — typically a same-day or next-business-day phone call to your licensing agency — so that if you're inspected again, the issue is already resolved and documented.

Both are affected, but in different ways. Under FMCSA's CSA system, 383.71(h) is a Driver Fitness BASIC violation. The citation attaches to the inspected driver's record and to the carrier's USDOT number simultaneously. Carriers in our data — including UNITED PARCEL SERVICE INC (USDOT 21800) with 6 citations and NEW PRIME INC (USDOT 3706) with 9 citations — accumulate these against their fleet's Safety Measurement System score. As a driver, the violation appears on your individual inspection history and can factor into carrier hiring reviews. Resolving the underlying SDLA filing issue protects both your record and your employer's CSA standing.