What 390.3E citations mean, OOS rates, next steps, and what the data shows across 13M inspections.
Ranks #866 of 3,146 FMCSR codes by citation frequency • OOS rate of 97.2% is above the FMCSR-wide average of 33.3%.
Prohibited from performing safety sensitive functions per 382.501(a) in the Drug and Alcohol Clearinghouse.
Direct answers grounded in TruckCodex inspection data
Yes, almost certainly. Our inspection records show a 97.2% out-of-service rate for 390.3E citations across all-time data. In practical terms, that means out of 640 total citations, 622 resulted in the driver being removed from duty immediately. This is far above the all-FMCSR average OOS rate of 31.4%, making 390.3E one of the most serious enforcement outcomes in the database.
First: stop operating the vehicle. Second: contact your fleet safety manager or carrier dispatcher right away. Third: verify your status in the Federal Drug and Alcohol Clearinghouse and understand why you were flagged. Our data shows 390.3E is often cited alongside CDL disqualification codes (383.51A-SIN appeared in 5 shared inspections in the last 90 days) and fatigue violations (392.2RG in 6 shared inspections). If disqualification is involved, you will need to complete required clearance procedures before operating again.
This is exceptionally serious. At a 97.2% OOS rate, 390.3E triggers immediate removal from driving far more often than typical citations. By comparison, common peer codes in the General/Admin category—such as vehicle marking violations (390.21TB2-DOT) and USDOT number requirements (390.21(b))—have 0.0% OOS rates. The enforcement severity of 390.3E reflects that it involves safety-sensitive function prohibitions tied to the Drug and Alcohol Clearinghouse, not routine paperwork.
Our 12-month trend data shows variable but steady enforcement. In the last year, we recorded 166 total citations, with a spike in May 2025 (32 citations) followed by a decline. The last 90 days show 22 citations, indicating moderate ongoing enforcement activity. The data does not suggest a sharp increase or decrease, but rather consistent monitoring of Drug and Alcohol Clearinghouse compliance across the industry.
North Carolina leads enforcement with 28 citations in the last 180 days, all resulting in out-of-service orders (100% OOS rate). New Mexico follows with 18 citations (also 100% OOS), and Texas has 13 citations with an 84.6% OOS rate. These three states account for the majority of recent 390.3E citations in our database of 13M+ inspections, suggesting regional compliance patterns or auditing focus.
Contestation through the DataQs (Roadside Data Review) system is available if you believe the citation is factually incorrect or not supported by inspection records. However, 390.3E citations are based on your status in the Federal Drug and Alcohol Clearinghouse—a federal database outside carrier control. The right path is to address your clearinghouse status directly through the DOT process, not to challenge the inspection finding itself. Work with your carrier's compliance team to verify your record accuracy.
390.3E violations affect both you and your carrier. Under FMCSA's CSA program, driver violations and carrier safety records are tracked separately but both influence hiring and insurance decisions. A 390.3E citation goes into your driver history and is visible to potential employers; it also rolls into your carrier's safety profile. This means you will need to resolve your Clearinghouse status before applying to other carriers, and your current carrier's safety ratings will reflect the citation.
390.3E prohibits you from performing safety-sensitive functions while flagged in the Drug and Alcohol Clearinghouse per 49 CFR 382.501(a). Safety-sensitive functions include operating a commercial motor vehicle, as well as certain roles like pre-trip inspections and load securement. If you appear in the Clearinghouse as prohibited, you cannot legally drive a CMV until you complete required evaluations, treatment (if applicable), or other clearance steps mandated by your employer or the DOT.
Where 390.3E 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.