FMCSR 387.301A: Driver Q&A — Citations, OOS Risk & Next Steps

No — almost certainly not. Across all 3,309 all-time citations for 387.301A in our inspection records, only 3 vehicles were placed out of service, producing an OOS rate of just 0.1%. To put that in perspective, the average OOS rate across all FMCSR codes is 31.4% — meaning 387.301A sits roughly 300 times below the national average. This is an administrative/documentation violation. Inspectors use OOS authority here only in the rarest circumstances. You will almost always be allowed to continue driving after the citation is written.

The severity weight for 387.301A is not published in the data available here, so a specific point value cannot be confirmed. What the records do show is that 387.301A falls in the General/Admin BASIC category. All FMCSA CSA violations carry a time-weight multiplier — citations from the last 6 months count at 3×, 7–12 months at 2×, and beyond 12 months at 1×. Because our database shows 2,277 citations in just the last 12 months, inspectors are clearly writing this one regularly, so the 3× window matters. Check your SMS BASIC scores directly in FMCSA's portal for your carrier-specific impact.

Act on the paperwork immediately. Here's what the co-occurring violation pattern tells you to check right now:

1. Periodic inspection proof — 387.301A appeared alongside 396.17C-PI (no proof of periodic inspection) in 105 of the last 90 days' shared inspections. Pull your inspection records and make sure they're on the vehicle.
2. Hours of service records — 395.8A1-HOSP appeared in 58 shared inspections. Verify your logbook or ELD is current and compliant.
3. Medical certificate — 391.41APC appeared in 50 shared inspections. Confirm your med cert is valid and accessible.
4. Notify your fleet safety manager so the carrier record is updated before the next inspection.

Relatively minor — it is a documentation issue, not a safety equipment failure. Peer codes in the General/Admin category like 390.21TB2-DOT have been cited 74,663 times and 390.21T(b) 61,097 times, dwarfing 387.301A's 3,309 all-time citations. Every peer code listed carries a 0.0%–0.2% OOS rate, consistent with 387.301A's own 0.1%. None of these codes routinely take trucks off the road. That said, repeated administrative citations in the same BASIC category can accumulate CSA points and push a carrier toward an intervention threshold, so consistent compliance matters even when individual violations seem minor.

Yes, you can submit a DataQ challenge. Because 387.301A is a documentation violation — not an equipment defect — your strongest grounds for a Request for Data Review (RDR) are proving the required document existed and was valid at the time of inspection. Gather any timestamped paperwork, permits, or filing confirmations that demonstrate compliance on the inspection date. Submit your RDR through FMCSA's DataQs portal. With only 3 OOS placements across 3,309 all-time citations, most of these findings stay on the record as written unless you can show clear documentation error. The review typically takes 30–60 days depending on the state agency.

Washington, Arizona, and Ohio lead all states in our last-180-day records. Washington issued 163 citations, Arizona and Ohio each issued 98 citations, and Massachusetts and Texas each came in at 47 citations over the same period. Notably, every top-ten state showed a 0.0% OOS rate — confirming this is treated as a write-and-release citation nationwide, not just in individual jurisdictions. If your routes regularly pass through WA, AZ, or OH, make sure the documents covered by 387.301A are current and physically on the vehicle before crossing into those states.

Urgent from a paperwork standpoint, but not a roadside safety emergency. With a 0.1% OOS rate across 3,309 citations, 387.301A will not shut your truck down on the spot. However, our records show enforcement is actively climbing — 237 citations were written in October 2025 alone, and the 12-month total of 2,277 citations means inspectors are paying consistent attention to this requirement. Letting it linger also means the violation stays on your CSA record. Resolve the underlying documentation gap before your next inspection, which based on current volume trends could come sooner than you expect.

Both the driver and the carrier can be affected, depending on who the violation is attributed to. FMCSA's CSA system scores carriers within BASIC categories using inspections tied to their USDOT number. Our records show carriers like Federal Express Corporation (USDOT 86876) with 15 all-time citations and Swift Transportation Co of Arizona LLC (USDOT 54283) with 12 all-time citations accumulating these hits on their carrier record. Driver-specific violations also appear on individual driver records and can be reviewed during future inspections. In practice, documentation violations like 387.301A typically land harder on the carrier's Unsafe Driving or General BASIC scores, but drivers should assume their inspection history is visible to any future employer who pulls their record.