FMCSR 391.27: Driver Violation Records — What It Means

No. Across our 13 million inspection records, FMCSR 391.27 has never resulted in an out-of-service placement. The OOS rate is 0.0%, meaning this violation does not carry the power to remove your truck from operation, even if you receive multiple citations. This does not mean the citation is without consequence—but roadside removal is not one of them.

FMCSR 391.27 carries a CSA severity weight of 2 points. In the BASIC scoring calculation, points are multiplied by the number of citations in a rolling 12-month period. One citation = 2 points; two citations = 4 points, and so on. The impact compounds, so even though this violation alone won't shut you down, repeated violations can accelerate your CSA percentile ranking and increase carrier scrutiny.

First, confirm you understand the allegation: this citation relates to failing to provide your motor carrier with an annual list of your traffic violations or a certificate showing no violations. Contact your employer or safety manager immediately and provide the missing documentation. Ask whether they have your violation records on file. Keep a copy of the citation. If the violation record is documented, you may contest the finding through the DataQs portal with proof of prior submission or carrier receipt.

It's less severe than many peer violations in the Driver Fitness category. For example, 391.41APC (operating without a valid medical certificate) has been cited 49,539 times with a 97.1% OOS rate, while 383.23A2-LCDLN (operating without a valid CDL) shows 47,123 citations at a 98.6% OOS rate. By contrast, FMCSR 391.27 has zero all-time citations in our database, making it extremely rare—though enforcement may vary by jurisdiction and enforcement focus.

Yes, most FMCSR violations can be contested through the FMCSA's DataQs system if you believe the citation is factually incorrect or not supported by evidence. Since 391.27 is documentation-based (your violation record disclosure), contestation depends on whether you can prove you submitted the required list or certificate to your carrier on time. Gather evidence: dated emails, carrier acknowledgment, or your own violation records, and file a DataQs request within the allowable timeframe.

Both. The regulation requires the driver to provide the motor carrier with an annual list of violations or a certificate of no violations. However, enforcement often hinges on whether the carrier requested it and whether they can show receipt. Drivers in the BASIC 3 (Driver Fitness) category impact their own safety rating, and carriers are accountable for driver fitness oversight. Clarify with your safety manager whether the citation reflects a driver failure to disclose or a carrier failure to track.

FMCSR 391.27 is extremely uncommon. Our inspection database contains zero citations for this code in the last 12 months and zero in the last 90 days. There are no state hotspots, no seasonal trend, and no carriers flagged for repeat violations. This suggests enforcement is rare or not uniformly prioritized. If you receive one, it's worth treating as a documentation gap rather than a widespread enforcement pattern.

FMCSR violations attach to your driver record through the CDLIS (Commercial Driver License Information System) and FMCSA CSA database. A 391.27 citation will be visible to prospective employers during background checks for roughly three years, depending on state rules. The violation reflects on your safety record as a driver. Your new carrier may require updated disclosure documents as part of onboarding, so staying proactive about maintaining and sharing your violation history protects your future employability.