FMCSR 387.31F: Q&A for Drivers and Fleet Managers

No, it is very unlikely. Across our inspection records, 387.31F has a 4.8% out-of-service rate—well below the all-FMCSR average of 31.4%. Of the 21 all-time citations in our database, only 1 resulted in an out-of-service order. This is a non-OOS-eligible violation, meaning inspectors have discretion, and the vast majority of citations result in warnings or minor enforcement actions.

It's among the least-cited violations in the FMCSR universe. Our records show 387.31F ranks #1921 out of 3,036 codes by citation volume—only 21 all-time citations and 15 in the last 12 months across 13 million inspections. For comparison, peer administrative codes like 390.21TB2-DOT have 74,663 citations. The rarity of enforcement and 4.8% OOS rate indicate this is a low-enforcement, low-severity issue.

First, document the citation details and inspector notes. Review your maintenance and compliance records related to the specific finding. Our data shows 387.31F often co-occurs with exhaust system issues (393.83G), fuel system leaks (396.5B), and other equipment or documentation gaps. Check those systems and records immediately. Contact your fleet safety manager or compliance officer to determine if the violation is documentation-related (which can be corrected quickly) or equipment-related (which may require repair). Request the full inspection report for clarity.

Much less serious than most peer codes in the same category. Our inspection data shows 387.31F has a 4.8% OOS rate, while peer administrative violations like 390.21TB2-DOT, 390.21T(b), and 390.21(a) have 0.0% OOS rates but dramatically higher citation volume (74,663, 61,097, and 25,872 respectively). The low citation count for 387.31F suggests it is either rarely encountered or enforcement is inconsistent, making it a lower-priority compliance target for most fleets.

Texas dominates enforcement over the last 180 days, with 4 citations and a 25.0% out-of-service rate. The US generic category logged 6 citations with 0.0% OOS, and Ohio had 1 citation with 0.0% OOS. Texas is an outlier here; the single OOS order in our all-time database occurred in Texas. If you operate in Texas, be more vigilant about compliance with this code, though overall enforcement volume remains very low nationally.

Highly volatile and sporadic. Our 12-month trend shows clustering: 2 citations in May 2025, 2 in June, then a spike to 6 in November 2025, followed by 3 in December, then drops to 1 each in January and March 2026. This pattern suggests enforcement is not systematic; it may depend on specific inspector focus areas or regional campaigns rather than a sustained increase. The 1 citation in the last 90 days indicates low current enforcement intensity.

Yes. The FMCSA DataQs process allows you to dispute citations that are factually or legally incorrect. 387.31F is a non-OOS-eligible administrative/general code, which typically involves documentation, placards, or reporting requirements. If the inspector's finding is unsupported by evidence or misinterprets the regulation, you can file a DataQs challenge. Gather your documentation, note the inspection date and inspector credentials, and submit through your carrier's Safety Management System within the FMCSA timeline. Success depends on whether the violation was a documentation error or a legitimate equipment/compliance gap.

Our data cannot definitively answer why, but the pattern is clear: only 21 all-time citations out of 13 million inspections suggests either the regulation is rarely triggered in roadside operations, the violation is difficult to detect without specialized inspection focus, or enforcement discretion leads inspectors to prioritize higher-severity codes. The co-occurring violations in our last 90 days (exhaust discharge, fuel leaks, documentation gaps) indicate 387.31F may surface during comprehensive inspections but is not a standalone enforcement focus. Speak with your safety team to ensure you understand the specific requirement to avoid surprise citations.