FMCSR 390.403B2 Citation: What Drivers Need to Know

No. Across our 13 million inspection records, the 0.0% out-of-service rate for 390.403B2 means this citation has never resulted in an OOS placement. All 9 citations on record were issued as violations only, with no truck removed from service. This is substantially lower than the FMCSA average of 31.4% OOS rate across all codes, making it one of the least severe citation types you can receive.

First, review the specific violation notice carefully. Our inspection records show that when 390.403B2 is cited, it often appears alongside equipment defects like inoperative turn signals, tire tread problems, and lighting device issues. Check your truck immediately for any of these co-occurring violations. Document any corrective actions you take, keep records of repairs, and consider submitting a DataQs challenge if you believe the citation is inaccurate or if documentation was overlooked during inspection.

390.403B2 is among the least serious violations in its category. It ranks #2230 out of 3,036 FMCSR codes by citation volume, with only 9 all-time citations and a 0.0% OOS rate. Peer codes like 390.21TB2-DOT (74,663 citations) and 390.21T(b) (61,097 citations) are cited far more frequently, though they also carry 0.0% OOS rates. The rarity of this citation suggests it is a very specific, narrow violation.

Texas accounts for the overwhelming majority of citations, with 6 out of the last 180 days' citations issued there—a 0.0% OOS rate. Our data does not show 390.403B2 citations in other states with significant frequency, making Texas the only state with a meaningful citation pattern for this code. This regional concentration may reflect state-level inspection focus or carrier operations in that area.

Enforcement has remained very light and sporadic. Over the last 12 months, only 8 citations were issued nationwide; in the last 90 days, 3 citations appeared, with a spike of 3 citations in December 2025. The monthly trend shows enforcement is unpredictable, but overall volume is low enough that this is not a widespread compliance issue across the industry. The rarity suggests this violation captures a very specific operational or documentation error.

Yes. You can request a DataQs (RDR) challenge if you believe the citation is factually inaccurate or if documentation supports your compliance. The process involves submitting evidence to the FMCSA within 60 days of the inspection date. Given that 390.403B2 is a General/Admin code (not equipment-based), success often depends on documentary proof—records, logs, or certifications that contradict the inspector's finding. Consult your citation notice for the specific violation; documentation typically carries more weight than after-the-fact repairs.

Our inspection records show 390.403B2 most often co-occurs with equipment and lighting violations. In the last 90 days, it shared inspections with inoperative turn signals (393.9TS), power steering defects (393.209E), tire tread issues (393.75C), inoperable lamps (393.9), and lighting/reflector violations (393.11). One inspection also included a language proficiency issue (391.11B2-Z). If you've received a 390.403B2 citation, run a full pre-trip inspection to catch any related equipment defects before the next inspection cycle.

Our data shows no single carrier appears more than once in the 390.403B2 record. All 9 citations are spread across different carriers, with no repeat offender pattern. The carriers cited range from large operations like DB EXPRESS LLC to smaller independent operators, suggesting this violation is not a systemic compliance weakness for any particular fleet. This means if you received a 390.403B2 citation, it is likely an isolated incident rather than a pattern your company needs to address fleet-wide.