390.3E-DAC — Driver prohibited from performing safety sensitive functions per 382.501(a) in the Drug and Alcohol Clearinghouse
FMCSA violation code under General/Admin. 835 events recorded in roadside inspections. Severity weight: N/A.
Violation code 390.3E-DAC is a Federal Motor Carrier Safety Regulations citation issued under 49 CFR 390.3. It tracks a specific compliance failure recorded against motor carriers and drivers during FMCSA roadside inspections. The code rolls up into the FMCSA Safety Measurement System (SMS) General/Admin BASIC, which feeds the carrier's percentile ranking and prioritization for FMCSA interventions. It applies to interstate motor carriers, drivers, and the commercial motor vehicles they operate; intrastate operators are subject when their state has adopted Part 350 of the FMCSR by reference. 835 citations have been recorded against this code in the FMCSA inspection record.
- Code:
- 390.3E-DAC
- Code System:
- FMCSR
- BASIC Category:
- General/Admin
- OOS Eligible:
- No
- Severity Weight:
- N/A
- Total Events:
- 835
- Carriers Cited:
- 790
Ranks #783 of 3,146 FMCSR codes by citation frequency • OOS rate of 98.2% is above the FMCSR-wide average of 33.2%.
Violation Description
Driver prohibited from performing safety sensitive functions per 382.501(a) in the Drug and Alcohol Clearinghouse
About This Violation Code
Code 390.3E-DAC falls under the General/Admin BASIC category in FMCSA's Safety Measurement System (SMS).
When this violation is cited during a roadside inspection, it contributes to the carrier's General/Admin BASIC score. Carriers with high BASIC percentiles may be prioritized for FMCSA interventions including warning letters, investigations, or compliance reviews.
Regulatory Reference
Federal Motor Carrier Safety Regulations
This violation references 49 CFR 390.3E in the Federal Motor Carrier Safety Regulations.
Top Enforcing States
Where 390.3E-DAC is most commonly cited (last 180 days)
Click a state to see roadside inspection activity, top stations, and carrier profiles in that jurisdiction.
Citation Trend (12 months)
Monthly count of 390.3E-DAC citations. Red bars mark months with OOS-triggering citations.
Most Active Stations
Inspection stations citing 390.3E-DAC most often (last 180 days)
Top Carriers Cited
Ranked by frequency • 790 carriers total • Page 32 of 32
| # | Carrier | USDOT | # Violations |
|---|---|---|---|
| #776 | MINNESOTA TRANSPORT LLC | 2123666 | 1 |
| #777 | WT HAULING LLC | 3734271 | 1 |
| #778 | ARKEZ EMPIRE LLC | 4451693 | 1 |
| #779 | DIAMOND TRUCKING OF NC INC | 2294613 | 1 |
| #780 | DAILY DRIVE CARRIER SERVICE LLC | 3251009 | 1 |
| #781 | JESUS MORENO | 1617149 | 1 |
| #782 | A&O GUERRERO'S TRANSPORT LLC | 3587106 | 1 |
| #783 | TOTAL NOIR LOGISTICS LLC | 4077760 | 1 |
| #784 | ETELVINA LANDSCAPING LLC | 4175533 | 1 |
| #785 | BERKELEY GARAGE LLC | 3347571 | 1 |
| #786 | JR & SONS ENTERPRISES INC | 1594859 | 1 |
| #787 | CHALLENGE DAIRY PRODUCTS INC | 2738409 | 1 |
| #788 | GEREKE TRUCKING LLC | 2472616 | 1 |
| #789 | DUNCAN SERVICES INC | 1342927 | 1 |
| #790 | DTS LLC | 2546588 | 1 |
Recent Inspections
Latest inspections where 390.3E-DAC was cited • 835 total events • Page 1 of 34
| Date | Report # | State | Level | OOS |
|---|---|---|---|---|
| 88350513 | MS | Level 3 | Yes | |
| 88340239 | KY | Level 3 | Yes | |
| 88308159 | MS | Level 3 | Yes | |
| 88286052 | KY | Level 2 | Yes | |
| 88218673 | KY | Level 3 | Yes | |
| 88029502 | KY | Level 2 | Yes | |
| 87993959 | MS | Level 2 | Yes | |
| 87454416 | PA | Level 3 | Yes | |
| 87444952 | CA | Level 2 | Yes | |
| 87432943 | CT | Level 2 | Yes | |
| 87482237 | WA | Level 3 | Yes | |
| 87437612 | AR | Level 2 | Yes | |
| 87437259 | AR | Level 3 | Yes | |
| 87451828 | MO | Level 3 | Yes | |
| 87434246 | LA | Level 3 | Yes | |
| 87431634 | CO | Level 2 | Yes | |
| 87440582 | NE | Level 3 | Yes | |
| 87426489 | AZ | Level 2 | Yes | |
| 87425269 | CA | Level 1 | Yes | |
| 87416522 | CO | Level 2 | Yes | |
| 87402130 | US | Level 3 | Yes | |
| 87422583 | PA | Level 3 | Yes | |
| 87383464 | KY | Level 3 | Yes | |
| 87416282 | SC | Level 3 | Yes | |
| 87388193 | OH | Level 2 | Yes |
How to comply with violation code 390.3E-DAC
- Locate the regulation in the eCFR. Open https://www.ecfr.gov/current/title-49/section-390.3 on eCFR.gov to read the legal text the citation is written against. The eCFR is the National Archives' continuously updated electronic Code of Federal Regulations and is the canonical reference for any FMCSR section.
- Determine if your operation is subject. Confirm whether your operation is interstate (always subject to the FMCSR) or intrastate (subject when your state has adopted 49 CFR Part 350 by reference; most have). Intrastate operators in non-adopting states may be subject to a state analog instead of the federal rule.
- Identify the documented requirement. Read the requirement carefully: "Driver prohibited from performing safety sensitive functions per 382.501(a) in the Drug and Alcohol Clearinghouse" Map it to the specific equipment, driver document, or operational practice it covers.
- Inspect or maintain to standard. Build a recurring inspection, training, or filing routine that catches this gap before a roadside inspector does. Pre-trip checks, scheduled preventive maintenance, driver-qualification file audits, and supervisor reviews are the standard places this kind of issue is caught early.
- Document compliance to demonstrate it on review. Keep a dated, signed record of each inspection, repair, training session, or filing tied to 390.3E-DAC. During an FMCSA compliance review or a customer onboarding audit, the documentation is what proves the program runs — undocumented compliance is indistinguishable from non-compliance to the auditor.
Frequently asked questions about 390.3E-DAC
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About FMCSA violation codes
Every violation found during an FMCSA roadside inspection is recorded under a code drawn from the Federal Motor Carrier Safety Regulations — the codified safety rules motor carriers, drivers, and commercial motor vehicles must comply with in interstate commerce. Codes roll up into one of seven Behavior Analysis and Safety Improvement Categories (BASICs): Unsafe Driving, Hours-of-Service, Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance, Hazardous Materials Compliance, and Crash Indicator. Each code carries a published severity weight (1–10) and an Out-of-Service eligibility flag.
Citations counted in the FMCSA Safety Measurement System (SMS) feed a 24-month rolling percentile rank for every motor carrier. Recent citations weigh more heavily than older ones — FMCSA applies a 3× multiplier to events 0–6 months old, 2× for 6–12 months, and 1× for 12–24 months. Carriers above the published intervention threshold for a given BASIC are prioritized for warning letters, focused investigations, and full compliance reviews.
TruckCodex mirrors the FMCSA Motor Carrier Management Information System (MCMIS) and the published violation dictionary on a daily refresh cycle. We do not author or modify violation records — every count, severity weight, and OOS flag on this page reflects what the FMCSA has on file. For real-time confirmation immediately before an enforcement decision, click through to the FMCSA Violations Search link above. Carriers who believe a citation was recorded in error can file a Request for Data Review through the FMCSA DataQs system.
Related Records
Data sources & freshness
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Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.
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