Ranks #2,813 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
Violation Description
Using a lease or interchange agreement that fails to include the statement of exclusive possession, control, and use of the vehicle as required.
Questions & Answers
Direct answers grounded in TruckCodex inspection data
Will a 390.403B4 citation put my truck out of service?
No. Across our inspection records, the 390.403B4 out-of-service rate is 0.0%—meaning this violation does not trigger an out-of-service order. Out of 1 citation issued for this code in our database, 0 resulted in an OOS placement. For context, the national average out-of-service rate across all FMCSR codes is 31.4%, so 390.403B4 is significantly less severe.
How serious is 390.403B4 compared to other General/Admin violations?
It's among the least enforced codes in its category. Our inspection records show 390.403B4 ranked #2796 of 3,036 FMCSR codes by citation volume. The peer codes in the General/Admin category—such as 390.21TB2-DOT with 74,663 citations and 390.21T(b) with 61,097 citations—are cited far more frequently. Like most General/Admin violations, 390.403B4 carries a 0.0% OOS rate, consistent with similar codes in the category.
How often is 390.403B4 actually cited?
Very rarely. Our 13 million+ inspection records show only 1 all-time citation for this code. In the last 12 months, there has been 1 citation, and in the last 90 days, there have been 0 citations. The single citation on record occurred in July 2025 and was issued to a Freightliner truck operated by Platinum 21 Logistics LLC. This is an extremely infrequent violation in the field.
What should I do immediately after being cited for 390.403B4?
First, confirm the citation details with the inspector's report and review the specific requirement cited. Second, contact your fleet manager or safety director to document the violation in your safety record. Third, determine if the citation involves a documentation or compliance issue that requires immediate correction. Finally, keep the citation documentation accessible—you may need it for CSA records or insurance inquiries. Since this code rarely appears, consulting your carrier's safety team is your best first step.
Can I dispute a 390.403B4 citation through DataQs?
Yes, all roadside inspection citations are contestable through the FMCSA's DataQs (Dispute Resolution) system. You have 90 days from the inspection date to file a challenge. Disputes involving documentation or administrative findings (like missing records) require you to submit corrected or clarifying documents. Disputes involving equipment or observable safety issues are harder to overturn if the inspector's finding was accurate. File through your carrier's safety department or directly with FMCSA using your inspection report number.
Is 390.403B4 urgent to fix?
The data suggests this is not a high-priority enforcement issue. Our inspection records show 0 citations in the last 90 days and only 1 in the past 12 months—the lowest enforcement frequency in the General/Admin category. Since it carries no out-of-service risk and is almost never cited, focus your immediate compliance efforts on violations that appear more regularly in roadside inspections. That said, address any documented deficiency to avoid repeat citations.
What carrier had the 390.403B4 citation?
Platinum 21 Logistics LLC (USDOT 2872634) received the single 390.403B4 citation in our database. This citation was issued to a Freightliner-equipped truck in July 2025. Because only one citation exists across 13 million+ inspections, this violation is not a systemic issue for any carrier or vehicle type.
How does 390.403B4 follow me as a driver versus my carrier?
General/Admin violations like 390.403B4 are recorded under both driver and carrier CSA records. The citation will appear on your driving record and your carrier's safety profile. However, since this code has an extremely low enforcement rate and no out-of-service consequence, its impact on CSA scores is minimal compared to critical violations like brake or HOS infractions. Ensure your carrier documents the incident so it doesn't appear as a repeat violation if you work for a different carrier later.
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