FMCSR 390.17 Violations: Driver & Fleet Q&A

No. FMCSR 390.17 is not an out-of-service eligible violation. Across all 3,805 all-time citations in our inspection records, zero vehicles were placed out of service — a 0.0% OOS rate. For context, the all-FMCSR average OOS rate is 31.4%, so this code sits well below the norm. You will not be parked roadside over this violation alone, but the citation still lands on your inspection report and can affect your carrier's CSA scores, so it should not be ignored.

No severity weight value is available in our data for FMCSR 390.17 specifically, so a precise point total cannot be confirmed here. What the data does show is that this is a General/Admin category violation, which typically carries lower severity weights than safety-critical categories like Unsafe Driving or HOS. Keep in mind that CSA points are multiplied if the violation occurs within 6 months of a prior inspection (3×) or within 12 months (2×). Because 390.17 generated 1,172 citations in the last 12 months alone, repeat exposure for active fleets is a real pattern worth monitoring.

Act on documentation gaps first. Our inspection records show that in the last 90 days, 390.17 citations most frequently appear alongside HOS record-of-duty violations (395.8A1-HOSP, 18 shared inspections), no proof of periodic inspection (396.17C-PI, 15 shared inspections), and ELD form-and-manner issues (395.24, 13 shared inspections). Right after being cited:

1. Pull your current paperwork and confirm your RODS/ELD records are complete and accurate.
2. Verify your periodic inspection documentation is on the vehicle.
3. Notify your safety department so they can review whether the root compliance gap affects other units.
4. Keep a copy of the inspection report — you will need it if you pursue a DataQs challenge.

Relatively minor in OOS impact, but not the rarest violation in its category. FMCSR 390.17 has a 0.0% OOS rate, which matches most of its General/Admin peers — for example, 390.21TB2-DOT (74,663 citations, 0.0% OOS) and 390.21(b) (13,244 citations, 0.0% OOS) also carry zero OOS exposure. However, at 3,805 all-time citations and ranked #401 out of 3,036 FMCSR codes by citation volume, this is not an obscure or rarely-enforced code. It gets written up regularly, meaning inspectors know it and look for it.

Yes, DataQs is available for any roadside inspection finding. The FMCSA DataQs system (RDR — Request for Data Review) lets drivers and carriers challenge citations they believe were issued in error. Because FMCSR 390.17 falls in the General/Admin category — meaning it is typically a documentation or administrative finding rather than a physical equipment defect — a challenge based on proof of compliance (records, permits, filings) can be straightforward to support. Gather your documentation before filing. The reviewing state agency or FMCSA will evaluate the supporting evidence and can remove or amend the violation if the record shows the requirement was actually met.

Our inspection records for the last 180 days show North Carolina leads with 152 citations, followed by Arizona at 66 and Ohio at 64. Iowa (50) and Texas (39) round out the top five. All five states recorded a 0.0% OOS rate on this code, confirming that while enforcement is active — especially in NC — no vehicles were parked over it. If your routes run through North Carolina or Arizona in particular, having your 390.17-related documentation in order before you cross the state line is a practical risk-reduction step.

Moderately urgent — enforcement volume is rising. While the 0.0% OOS rate means you will not be parked immediately, our data shows citation volume climbing: 312 citations in just the last 90 days, against a 12-month total of 1,172. Monthly counts spiked to 152 in December 2025, then held above 100 through early 2026. That upward trend signals increasing inspector attention on this code. Because no OOS risk exists, there is no emergency, but letting an administrative gap persist while enforcement is accelerating is an unnecessary CSA exposure — correct it before your next inspection.

Both can be affected, depending on the nature of the finding. Under FMCSA's CSA methodology, roadside inspection violations are attributed to the carrier's BASIC scores. However, if the violation is tied to driver behavior or driver-held documentation, it will also appear on the driver's PSP (Pre-Employment Screening Program) record for 3 years. The top carriers cited for 390.17 in our records — including Swift Transportation (27 citations), FedEx (23), and UPS (23) — are large fleets where both carrier-level BASIC attribution and individual driver records are actively monitored, underscoring that this code has consequences at both levels.