FMCSR 390.6 Citations: Your Questions Answered

Direct answers about 390.6 violations, out-of-service risk, and what drivers need to do after a citation. Based on 13M+ roadside inspections.

Severity Weight
N/A
OOS Eligible
No
BASIC Category
General/Admin
Code System
FMCSR
Code:
390.6
Code System:
FMCSR
BASIC Category:
General/Admin
OOS Eligible:
No
Severity Weight:
N/A

Ranks #2,664 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.

Questions & Answers

Direct answers grounded in TruckCodex inspection data

Will a 390.6 citation put my truck out of service?

No. Across our inspection records, 390.6 has never resulted in an out-of-service placement. Our data shows a 0.0% out-of-service rate for this violation—all 2 citations issued resulted in warnings or fines only, not vehicle removal from service. This is significantly lower than the all-FMCSR average of 31.4%, making 390.6 one of the least severe administrative citations.

How serious is 390.6 compared to other FMCSR violations?

390.6 ranks #2651 out of 3,036 FMCSR codes by citation volume, placing it in the bottom tier of enforcement actions. While peer codes in the same General/Admin category—like 390.21TB2-DOT with 74,663 citations—see frequent enforcement, 390.6 has only 2 all-time citations in our 13 million+ inspection database. This extremely low citation rate suggests inspectors rarely flag this violation or the underlying condition is uncommon.

What should I do right now after getting cited for 390.6?

First, review the violation description and inspection report for specifics on what the officer observed. Since 390.6 is not an out-of-service violation, you will not be immediately forced off the road. Next, consult your carrier's compliance department or a motor carrier attorney to understand your citation options: you can request DataQs review through FMCSA's Roadside Data Review program if you believe the citation is factually or legally incorrect. Document any evidence supporting your position and submit within the appeal window.

Does 390.6 appear on my CSA safety record?

Yes, any roadside citation, including 390.6, may appear on your FMCSA Safety and Fitness Electronic Records (SAFER) profile and contribute to your carrier's CSA profile. However, because 390.6 is a General/Admin category violation with extremely low enforcement volume (0 citations in the last 12 months across all carriers), its impact on your overall CSA score is typically minimal. The severity weight and points assigned depend on your state's specific violation code structure.

Can I contest a 390.6 citation through DataQs?

Yes. FMCSA's DataQs (Data Quality and Dispute Resolution) system allows drivers and carriers to request review of roadside inspection records within 90 days of the citation. You can challenge the citation on the grounds that it is factually inaccurate, procedurally improper, or does not legally constitute a violation. Submit your request through FMCSA's DataQs portal with supporting documentation. Success depends on the specific facts of your case and the strength of your evidence against the officer's observations.

How often is 390.6 actually cited on the road?

Very rarely. Our inspection database shows only 2 all-time citations for 390.6, with 0 citations in the last 12 months and 0 in the last 90 days. This makes 390.6 one of the least-enforced codes nationwide. By contrast, peer violations in the same category like 390.21TB2-DOT have generated 74,663 citations. The near-zero enforcement trend suggests this violation is either extremely uncommon in practice or not a priority focus for roadside inspectors.

Which carriers and vehicle types got cited for 390.6?

In our records, USA TRUCK LLC (USDOT 213754) and ADVANCED AUTO RECYCLING LLC (USDOT 4040841) each received 1 citation for 390.6. Vehicle makes cited include DODGE, FREIGHTLIN, and GREAT DANE—each with 1 citation. The extremely small sample size reflects how infrequently this violation surfaces in roadside enforcement. If you drive for a carrier not on this list, your risk of a 390.6 citation is statistically very low.

Is 390.6 a driver violation or a carrier violation?

390.6 violations are recorded against both the driver and the carrier in FMCSA systems. Citations for General/Admin violations appear on your personal SAFER profile (affecting your ability to pass background checks and secure employment) and on your carrier's profile (affecting fleet safety metrics and insurance costs). While you are cited at roadside, the violation is a shared responsibility mark and can impact both you and your employer's safety standing.

Last updated: 2026-04-20T17:43:12.896Z Answers reference TruckCodex inspection data Read the full article → Fleet FAQ →

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