What happens after a 390.21(e) citation? Will you go out of service? Get direct answers backed by 13M+ inspection records.
Ranks #819 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
Improper marking for a rented CMV under a rental agreement not exceeding 30 days
Direct answers grounded in TruckCodex inspection data
No. Across our inspection records, 390.21(e) has never resulted in an out-of-service order—the OOS rate is 0.0%. This is significantly better than the all-FMCSR average of 31.4%, which means this violation is treated as a documentation or administrative issue rather than an immediate safety risk to vehicle operation. You can drive; you just need to address the citation on record.
The severity weight for individual violations varies based on violation type and state enforcement discretion. The FMCSA does not publish point values per citation; instead, violations contribute to your Safety Measurement System scores through inspection frequency. To understand the exact impact on your profile, check your FMCSA CSA portal or contact your carrier's safety department, which has access to your detailed scoring breakdown.
First, get a copy of the inspection report from the officer. Second, notify your carrier's safety or compliance team immediately—they need to log the citation and begin their review process. Third, review the specific violation noted; our data shows 390.21(e) often appears alongside lamp defects (393.9) and logbook issues (395.8) in the same inspection. Check those systems next. Finally, preserve all documentation related to the cited item for any future dispute or DataQs challenge.
No—it's relatively minor within the administrative category. Our inspection records show 390.21(e) ranks 798th out of 3,036 FMCSR codes by citation volume (only 738 all-time citations). Peer codes in the same General/Admin category—like 390.21T(b) with 61,097 citations or 390.21(a) with 25,872 citations—are enforced far more frequently. All of these codes share a 0.0% OOS rate, meaning they are treated as compliance issues, not roadside safety emergencies.
Yes, you have the right to challenge the citation through FMCSA's DataQs process. Because 390.21(e) is an administrative or documentation violation (not a safety equipment defect), you have a stronger foundation for dispute if the officer lacked evidence, misidentified your vehicle, or misapplied the rule. File your challenge within the FMCSA's window (typically 90 days from citation). Gather any contemporaneous photos, maintenance records, or logbook entries that support your position.
Texas leads enforcement for this code. Our records show 16 citations in TX over the last 180 days, followed by North Carolina with 2 citations and New Mexico with 1. Texas accounts for a significant majority of 390.21(e) citations in recent enforcement, suggesting that state inspectors prioritize this particular administrative requirement in their roadside compliance checks.
Enforcement is light and stable. Over the last 12 months, only 43 citations nationwide were issued—averaging less than 4 per month. The most recent 90 days show 6 citations total. The monthly trend is flat with no spike pattern. This suggests 390.21(e) is not a compliance crisis for carriers or a priority enforcement area. That said, once cited, address it promptly to avoid compounding violations in future inspections.
Both. The citation is recorded against your Motor Carrier (via USDOT number) on the FMCSA Safety Management System. However, individual driver violations also contribute to your own CSA history if you move to a different carrier. For the purposes of your current employer's Safety Fitness Determination and your own driving record, the violation attaches to both. Discuss with your carrier how they're logging and addressing it to prevent future incidents.
Where 390.21(e) is most commonly cited (last 180 days)
Other violations commonly found on the same inspection (last 90 days)
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.