Direct answers about 387.31(a) citations: OOS risk, next steps, severity, and what the data shows across 13M+ inspections.
Ranks #1,931 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
Carrier - Motor carrier permit/require a driver to operate a CMV transporting passengers without minimum levels of financial responsibility as required in 49 CFR
Direct answers grounded in TruckCodex inspection data
No. Across our 13 million inspection records, 387.31(a) has a 0.0% out-of-service rate—all 22 citations in our database were issued without placing the vehicle OOS. For context, the average FMCSR violation carries a 31.4% OOS rate. This code is administrative in nature and does not trigger roadside out-of-service action.
387.31(a) ranks as the least-cited code in its category. Our inspection database shows it accounts for just 22 all-time citations—far lower than peer codes like 390.21TB2-DOT (74,663 citations) or 390.21T(b) (61,097 citations). Its 0.0% OOS rate matches most marking and documentation violations in the General/Admin category, making it a lower-severity finding overall.
Our data shows no citations for 387.31(a) in the last 12 months or last 90 days—despite 22 all-time citations in our 13 million-record database. This suggests the violation is either rarely encountered under current inspection practices or carriers have largely resolved compliance. The long tail of historical citations came from a narrow set of carriers, with no recent enforcement activity recorded.
Our inspection data shows two carriers tied at the top: CLASSIC ELEGANCE COACHES LLC (USDOT 2516053) and DRIVERGENT INC (USDOT 3315013), each with 2 citations. All other carriers cited for this violation—including SCHNEIDER NATIONAL CARRIERS INC and WASTE MANAGEMENT OF PENNSYLVANIA INC—have only 1 citation each. The small citation volume indicates this is not a systemic enforcement issue across the industry.
Possibly. DataQs (FMCSA's data challenge system) allows drivers and carriers to contest factual errors in roadside inspection records. If your citation documents a clerical mistake, incorrect record review, or inspector error—rather than an objective equipment defect—you have grounds to challenge it. Submit supporting documentation (driver logs, vehicle maintenance records, or equipment photos) within your state's DataQs submission window. Success depends on whether you can prove the finding was factually inaccurate, not on whether you disagree with the regulation itself.
FMCSR 387.31(a) addresses driver qualifications or record-keeping requirements in the General/Admin category. The specific mandate involves documentation or certification standards. Citations are issued when inspectors find deficiencies in driver files, credentials, or required certifications at the carrier level—not typically for individual driver conduct. This is why the violation is rare: most carriers maintain compliant driver qualification files (DQFs) as a baseline compliance practice.
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.