What 385.13(d) means in plain language
FMCSR 385.13(d) addresses recordkeeping and documentation requirements for motor carriers. Specifically, it requires carriers to maintain certain records and make them available during roadside inspections. This is an administrative compliance violation—it's about having the right paperwork in the right place when an inspector asks for it.
When an inspector stops your truck, they have the authority to review specific carrier and driver records. If those records are missing, incomplete, or not immediately accessible, you can be cited under 385.13(d). This is not a safety defect; it's a failure to document compliance with other regulations.
What our enforcement data actually shows
Across 13 million+ inspections in our database, 385.13(d) has been cited only 10 times in our entire record history. In the last 12 months, we've seen 4 citations, and in the last 90 days, just 1. This makes 385.13(d) ranked #2191 out of 3,036 FMCSR codes by citation frequency—extremely rare.
What makes this citation serious is its out-of-service rate: 80.0% of the time (8 out of 10 all-time citations) have resulted in the vehicle being placed out of service. This is significantly higher than the all-FMCSR average OOS rate of 31.4%. When an inspector cites this violation, there's a four-in-five chance your truck will not be allowed to continue operation until the violation is corrected.
Who gets cited most
Our inspection records show citations for 385.13(d) are concentrated in a small number of states. In the last 180 days, North Carolina and Texas each recorded 1 citation, both resulting in out-of-service placements (100.0% OOS rate for each state).
Looking at carriers in our all-time dataset, our data shows fleets such as US XPRESS INC and JOSE L GONZALEZ with 1 citation each. No single carrier shows a pattern of repeated 385.13(d) violations, which reflects how infrequent this violation truly is across the industry.
How severe is this compared to similar codes
385.13(d) is part of the General/Admin violation category. By comparison, peer codes in the same category are cited much more frequently. For example, 390.21TB2-DOT has 74,663 all-time citations with a 0.0% OOS rate, and 390.21T(b) has 61,097 citations with 0.0% OOS rate. Even 390.21(b) (USDOT number not displayed) shows 13,244 citations with a 0.0% OOS rate.
What stands out is that while 385.13(d) is cited far less often than these peer codes, it carries a dramatically higher consequence rate. The 80.0% OOS rate for 385.13(d) versus 0.0% for most similar administrative violations suggests that when inspectors cite this code, it reflects a more serious recordkeeping failure that warrants immediate out-of-service action.
How to avoid it
Preventing an 385.13(d) citation requires diligent record management before and during your trip:
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Carry all required driver records in your cab. Keep your driver's license, medical certificate, hours-of-service logs (whether paper or electronic), and any required shipping papers organized and immediately accessible. An inspector should never have to ask twice or search your vehicle for core documents.
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Review your carrier's compliance file. Your fleet should provide you with copies of the motor carrier safety file and driver qualification file (DQF) excerpts relevant to you. Familiarize yourself with what records your carrier is required to maintain, and confirm before departing that your file is complete.
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Inspect your vehicle's maintenance records. Our data shows that 385.13(d) citations often co-occur with mechanical violations such as brake defects (393.47E slack adjuster defects, 396.3A1BOS brake-out-of-service violations) and structural damage (393.201A frame defects). Carry proof of periodic vehicle inspections and recent maintenance work to demonstrate compliance if questioned.
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Document pre-trip inspection results. If your inspection records show that brake actuators, slack adjusters, or tires have been checked, have that documentation on hand. Our inspection database shows these mechanical codes appearing alongside 385.13(d) citations, indicating that missing maintenance records can trigger deeper scrutiny.
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Verify your vehicle's administrative compliance. Pay particular attention to inoperable equipment like head lamps (393.9H) that may delay your departure and give an inspector cause to request additional paperwork. The smoother your pre-trip inspection, the less time an inspector has to request missing documentation.
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Know your carrier's recordkeeping practices. If you drive for a fleet, ask your safety manager specifically what records you are required to carry and what the company maintains at the terminal. Understanding the division of responsibility reduces the risk of a citation caused by a simple miscommunication about who holds what document.
The 80.0% out-of-service rate for this violation underscores that recordkeeping failures are taken seriously. Invest time before every trip to ensure all required paperwork is present, legible, and accessible. A few minutes of organization in the cab can prevent an out-of-service citation and hours of downtime.