Direct answers about 385.308(d) citations, out-of-service risk, next steps, and how this violation compares to other FMCSR codes.
Ranks #1,931 of 3,146 FMCSR codes by citation frequency • OOS rate of 86.4% is above the FMCSR-wide average of 33.3%.
Direct answers grounded in TruckCodex inspection data
Yes—there's a high risk. Across our inspection records, 385.308(d) violations resulted in an out-of-service placement in 86.4% of cases (19 out of 22 all-time citations). This is significantly higher than the average FMCSR code, which has a 31.4% OOS rate. If cited, expect your truck to be removed from service pending correction.
Immediate steps:
Because 385.308(d) triggers an out-of-service order in the majority of cases, moving quickly on correction is critical to minimize downtime.
385.308(d) is exceptionally serious by OOS standard. Our inspection database ranks it as #1,898 out of 3,036 FMCSR codes by citation frequency, but its 86.4% out-of-service rate far exceeds the FMCSR average of 31.4%. For context, peer general/admin codes like 390.21TB2-DOT (74,663 citations) and 390.21T(b) (61,097 citations) have 0.0% OOS rates. When 385.308(d) is cited, expect enforcement action.
No. Our inspection records show only 22 all-time citations for 385.308(d), with zero citations in the last 12 months and zero in the last 90 days. This is a rare violation, but when it does occur, enforcement is severe—19 of the 22 citations resulted in out-of-service orders. The violation is far less frequent than typical roadside inspection findings.
Possibly. The FMCSA DataQs system allows drivers and carriers to challenge roadside inspection findings within 90 days of the citation. Contestability depends on the specific nature of the defect: documented equipment failures and measurement errors are easier to challenge than safety-critical findings. Review your inspection report for factual or procedural errors, and consult your carrier's safety department or a compliance professional to evaluate your case.
Across our 13 million+ inspection records, 10 carriers received one citation each for 385.308(d). No single carrier was cited multiple times. These include owner-operators and small to mid-size carriers like Kody R Koozer (USDOT 2165927), Lewis Boys Trucking LLC (USDOT 2975705), and D & Q Chicago Inc (USDOT 3086306). The violation is dispersed across the industry rather than concentrated.
No. Our inspection records show zero citations for 385.308(d) in the last 90 days and zero in the last 12 months, despite 22 all-time citations in the database. This indicates the violation has become very rare in current roadside enforcement. While the 86.4% OOS rate remains severe when cited, the actual frequency of citations has dropped to zero recently.
385.308(d) citations in our inspection database span multiple vehicle makes, each with a single citation: Chevrolet, Dodge, Hino, Kaufman, Mack, Peterbilt, and others. No specific vehicle type dominates. The violation appears tied to the specific equipment or condition rather than a particular manufacturer, suggesting the underlying defect is broadly applicable across truck models.
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.