FMCSR 390.33 Citation: What Drivers Need to Know

Yes—there's an 80.0% chance. Across our inspection records, 16 out of 20 all-time citations for 390.33 resulted in an out-of-service order. That's significantly higher than the national average of 31.4% across all FMCSR codes. While 390.33 itself is not OOS-eligible under the rules, the underlying condition that triggered the citation often warrants immediate removal from service. Do not drive the vehicle until the violation is corrected and re-inspected.

390.33 is rarely cited—it ranks #1938 out of 3,036 FMCSR codes by enforcement volume, with only 20 all-time citations in our database. However, its 80.0% OOS rate makes it substantially more severe than peer codes in the General/Admin category. For comparison, similar violations like 390.21TB2-DOT and 390.21T(b) carry 0.0% OOS rates despite much higher citation counts (74,663 and 61,097 respectively). The high OOS rate on 390.33 indicates inspectors view the underlying defect as safety-critical.

First: Stop operating the vehicle. The 80.0% OOS rate means inspectors almost always take your truck out of service for this violation.

Second: Document the citation and correction order. Take photos of the defect and the repair work.

Third: Get the vehicle re-inspected by a certified mechanic or roadside inspector to confirm compliance.

Fourth: If you believe the citation was issued in error, contact your carrier's safety office and consider filing a DataQs record correction through FMCSA's online portal within 90 days of the inspection date.

Fifth: Report the incident to your carrier's compliance team for their CSA tracking.

Yes. FMCSA's DataQs (Comply with the Revised Safety Management Cycle) process allows you to dispute roadside inspection records within 90 days. File a correction request online at FMCSA's Safety and Fitness Electronic Records System (SAFER). Provide evidence (repair receipts, photos, inspection reports) supporting your dispute. DataQs is most effective for factual errors—misidentified vehicle components, incorrect violation codes, or documented repairs completed before inspection. If the violation was correctly observed, DataQs is unlikely to overturn it, but the process is free and worth attempting.

Enforcement volume for 390.33 has dropped sharply. Our records show zero citations in the last 12 months and zero in the last 90 days, despite 20 all-time citations. This suggests either the violation has become extremely rare, compliance has improved significantly, or inspectors are less likely to cite it under current enforcement priorities. If you're facing a 390.33 citation now, it's noteworthy—the rarity itself may indicate the inspector observed a serious defect.

Tour and transportation companies dominate the citation history. KINGKONG TOUR INC (USDOT 4048552) accounts for 3 of the 20 all-time citations, while FIRST STUDENT INC (USDOT 354406), HISTORIC BOSTON TOURS LLC (USDOT 3978066), and MARTRANS ENT INC (USDOT 2931896) each have 2. The pattern suggests 390.33 issues are concentrated in passenger-carrying fleets rather than freight operations. If you work for a tour, charter, or transit company, review your vehicle maintenance logs carefully—your peers are being cited at higher rates.

Ford vehicles account for 3 of the 20 citations, followed by Mercedes and Gilg (each with 2). The citation pattern skews toward passenger and specialty vehicles rather than standard Class 8 tractor-trailers, which aligns with the high proportion of tour and transportation carriers in the top-cited list. If you operate a Ford or Mercedes-based commercial vehicle, be especially vigilant about maintenance compliance for whatever defect 390.33 addresses at your inspection.

Both. Under the FMCSA Compliance, Safety, Accountability (CSA) program, roadside inspection violations are recorded against both the individual driver's profile and the carrier's profile in the SAFER database. The violation contributes to CSA BASIC scores for your carrier's Safety and Fitness categories. While 390.33 is administrative in nature, the 80.0% OOS rate means the underlying defect is classified as safety-critical. Your carrier will see the citation and OOS event in their safety record; it may affect hiring, insurance rates, and future inspections. Ensure your carrier documents the correction and re-inspection.