FMCSR 390.21(f) Citations: Questions Drivers Ask

No. Across our 13 million inspection records, 390.21(f) has never resulted in an out-of-service order—the OOS rate is 0.0%. All 81 citations issued for this violation resulted in the vehicle remaining in-service. This puts 390.21(f) well below the national average OOS rate of 31.4% across all FMCSR codes, making it a documentation or minor administrative matter rather than a safety-critical defect.

The CSA point assignment depends on your carrier's safety profile and the specific violation context, which we cannot determine from citation data alone. However, the low citation volume—only 11 citations in the last 12 months across the entire country—suggests this is not a high-frequency compliance issue for most fleets. Contact your carrier's safety department or your state DOT for the exact point value assigned to your citation.

First, document the citation details and the inspection date. Review the specific violation noted on your report. When co-occurring violations appear in the same inspection—such as CDL status, medical certificate validity, or duty-status record issues—address those simultaneously with your carrier's compliance team. Request a copy of the full inspection report and discuss the citation with your fleet safety manager. If you believe the citation is factually incorrect, you have the right to contest it through your state's DataQs (FMCSA's Challenge Process) within 30 days.

No, it ranks #1486 out of 3,036 FMCSR codes by citation frequency. Our data shows 81 all-time citations and 0 out-of-service placements. Peer codes in the General/Admin category like 390.21TB2-DOT (74,663 citations) and 390.21T(b) (61,097 citations) are cited far more often. The 0.0% OOS rate for 390.21(f) indicates inspectors classify it as a minor or documentation-based issue, not a vehicle defect or safety hazard.

Yes. You and your carrier can file a DataQs (FMCSA Challenge Process) request to contest the citation. The deadline is typically 30 days from the inspection date. DataQs disputes work best when the violation was recorded in error—for example, if documentation was present but not visible to the inspector, or if the inspection report contains a factual misstatement. Gather any supporting documentation (photos, records, affidavits) that contradict the finding. Submit your challenge through FMCSA's Safety Management System.

Texas accounts for 4 citations in the last 180 days—the only state in our top-cited list for this violation. Our inspection records show 390.21(f) is rarely cited nationwide; the low volume means it is not concentrated in any single region. This low geographic prevalence, combined with the lack of out-of-service orders, suggests the violation addresses an uncommon or easily-correctable compliance issue.

Not urgent in the safety sense, but address it promptly for compliance records. The last 90 days show only 4 citations—indicating this is not a widespread enforcement trend—and all prior violations avoided out-of-service status. However, don't ignore it: unresolved citations accumulate on your Safety Management System record and may affect future inspections or audits. Clarify the violation with your carrier, correct any documentation or marking issues, and confirm resolution with your state.

390.21(f) is classified as a carrier-based violation, not a driver-specific violation. This means the citation records on your carrier's profile in FMCSA's databases and affects your motor carrier's safety ratings and CSA scores. However, if you were the driver at the time of inspection, the violation will also appear on your inspection history. Work with your carrier's compliance team to ensure the citation is properly documented and resolved at the carrier level.