What happens after a 385.13A2 citation? Answers on out-of-service rates, next steps, and enforcement data from 13 million inspections.
Ranks #2,113 of 3,146 FMCSR codes by citation frequency • OOS rate of 78.6% is above the FMCSR-wide average of 33.3%.
Operating CMV after effective date of unsat order (No placards - HM)
Direct answers grounded in TruckCodex inspection data
Yes—there is a significant risk. Across our inspection records, 75.0% of all 385.13A2 citations resulted in the vehicle being placed out of service. This is substantially higher than the national average OOS rate of 31.4% across all FMCSR codes. However, 25.0% of citations did not result in an OOS order, so the outcome depends on the severity of the specific violation and the inspector's findings at roadside.
Yes. While 385.13A2 ranks #2132 out of 3,036 FMCSR codes by total citation volume (only 12 all-time citations), its 75.0% out-of-service rate far exceeds peer codes in the same category. For example, 390.21(a) has 25,872 citations but a 0.0% OOS rate, and 390.21TB2-DOT has 74,663 citations with 0.0% OOS. The high OOS rate for 385.13A2 indicates enforcement action is swift and serious when this violation occurs.
First, understand whether your truck was placed out of service. Our data shows 385.13A2 is often cited alongside documentation and equipment violations—including driver CDL status (383.23A2), vehicle marking (390.21(a)), English language requirements (391.11B2-Q), and equipment defects like tail lamps (393.9T). Request a copy of the inspection report detailing exactly which requirements were unmet. Contact your carrier's safety manager or your company's compliance officer immediately. Do not attempt to operate the vehicle if an OOS order was issued until the violation is corrected and reinspected.
Over the last 180 days, 385.13A2 citations occurred primarily in two states. Texas led with 3 citations (100.0% OOS rate), followed by North Carolina with 1 citation (100.0% OOS rate). The small number of total citations means enforcement is not geographically concentrated, but the high OOS rate in these states reflects strict application when the violation is found.
Enforcement has remained light and sporadic. In the last 12 months, our records show 6 citations for 385.13A2 nationwide. Over the last 90 days, only 2 citations were issued. The monthly trend shows fluctuation—some months have no citations, while others (like December 2025) had 2 citations both resulting in OOS. This low volume suggests 385.13A2 violations are relatively rare but treated seriously when they occur.
Yes. All FMCSR citations can be challenged through the FMCSA's DataQs (DataQ Request) system, which allows drivers and carriers to dispute the accuracy or validity of inspection records within 90 days of the violation. If you believe the citation was issued in error—for example, that required documentation was present but the inspector did not see it, or that the violation did not actually exist—you have the right to file. Document your evidence carefully and submit through FMCSA's Safety Management System (SMS). Success depends on the specific nature of the finding.
Both. FMCSA violations are recorded in two places: the driver's record and the carrier's record. This means a 385.13A2 citation can affect your personal CSA profile and your carrier's safety standing. If you are an independent owner-operator, the violation is fully attributed to you. If you drive for a carrier, the violation also counts against that carrier's compliance metrics and can influence their insurance costs, audit frequency, and regulatory status. Always ensure your carrier's compliance team is aware of any citation.
Our all-time data shows Freightliners (FRHT) were cited most often—5 citations involving this make. Utility vehicles (UTIL) account for 2 citations. Other makes cited once each include Dodge, Freightlin, International, Clem, Kenworth, Mack, Ranch, and Transit models. The predominance of Freightliners may reflect their prevalence in the commercial fleet population rather than a specific defect pattern.
Where 385.13A2 is most commonly cited (last 180 days)
Other violations commonly found on the same inspection (last 90 days)
TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.
Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.