FMCSR 385.13(d) Q&A: Citations, Out-of-Service Risk & Next Steps

Yes—there is significant risk. Across our inspection records, 80.0% of 385.13(d) citations resulted in the vehicle being placed out of service. For context, the national average OOS rate across all FMCSR codes is 31.4%, so 385.13(d) carries roughly 2.5× the out-of-service probability of a typical violation. Out of 10 all-time citations in our database, 8 resulted in immediate OOS placement. If you receive this citation, prepare for your truck to be taken out of service and do not expect to resume operations until the violation is remedied and re-inspection confirms compliance.

1. Document everything: Take photos, video, and written notes of the vehicle condition and the inspector's findings before any repairs.
2. Review the inspection report: Confirm the exact violation cited and any associated defects listed.
3. Check for co-occurring violations: Our data shows 385.13(d) inspections commonly include brake defects (slack adjusters, brake actuators), frame cracks, tire issues, and lighting failures. Inspect these systems immediately.
4. Contact your carrier/dispatcher: Report the citation and OOS status right away if you are operating for a fleet.
5. Arrange repairs: Secure a qualified mechanic to address the primary violation and any secondary defects noted in the same inspection.
6. Schedule re-inspection: Once repairs are complete, arrange a roadside or terminal re-inspection to clear the OOS status.

Yes. While 385.13(d) ranks #2191 out of 3,036 FMCSR codes by overall citation volume (only 10 all-time citations), its 80.0% out-of-service rate far exceeds typical general/admin violations. Peer codes in the same category—such as 390.21T(b) with 61,097 citations at 0.0% OOS rate, or 390.21(a) with 25,872 citations at 0.0% OOS—are nearly always non-OOS findings. The high OOS probability for 385.13(d) indicates this violation triggers immediate vehicle removal from service, making it more operationally severe than the vast majority of administrative violations you might encounter.

Potentially, depending on the nature of the finding. The Federal Motor Carrier Safety Administration operates the DataQs (FMCSA Quality System) portal, which allows drivers and carriers to challenge inaccurate roadside inspection records within 90 days of the citation. You can submit a DataQs query if you believe the inspector made a factual error—for example, misidentifying equipment damage, misreading a measurement, or citing your vehicle when a different unit was actually defective. However, if the violation is equipment-based and the defect is genuine, contesting likelihood of success is low. Review the inspection report carefully for any documentation errors and consult your carrier's safety team before filing a challenge.

According to our records over the last 180 days, citations for 385.13(d) are concentrated in two states: North Carolina (1 citation, 100.0% OOS rate) and Texas (1 citation, 100.0% OOS rate). The enforcement volume for this code is extremely low—only 4 citations in the last 12 months across all of North America. This suggests 385.13(d) is a rare citation, but when it does occur in NC or TX, it almost always results in immediate out-of-service placement.

Immediate action is required. Because 385.13(d) citations result in out-of-service placement 80.0% of the time, your truck is likely already prohibited from operation. You cannot legally drive the vehicle until the violation is corrected and a re-inspection confirms compliance. Our data shows 1 citation in the last 90 days and 4 citations in the last 12 months, indicating enforcement is selective but unforgiving when it occurs. Do not delay repairs; every day the vehicle remains OOS directly impacts revenue and schedule reliability.

In the last 90 days, 385.13(d) inspections frequently co-occurred with critical defects across multiple systems. Our data shows the same inspections cited brake system failures (slack adjuster, brake actuators, and severe brake service loss), frame damage (cracked or loose), tire defects, inoperable head lamps, and missing periodic inspection documentation. Additionally, one inspection involved a driver disqualification finding and operator fatigue. When you receive a 385.13(d) citation, do not limit repairs to the primary violation; systematically inspect braking, frame integrity, lighting, and tires to prevent follow-up citations at re-inspection.

The citation is recorded against the carrier (by USDOT number) in the Federal Motor Carrier Safety Administration database. However, if you were the driver operating the vehicle at the time of inspection, the violation appears in roadside inspection records associated with that inspection event. The finding affects the carrier's safety metrics and CSA Unsafe Driving and Vehicle Maintenance BASICs; it does not directly assign points to your personal driving record. If you move to a different carrier, the citation does not transfer with you, but the carrier you were working for at the time will carry the impact in their enforcement history.