Will 391.49J put you out of service? What happens next? Get direct answers backed by 13M inspection records.
Ranks #1,003 of 3,146 FMCSR codes by citation frequency • OOS rate of 71.4% is above the FMCSR-wide average of 33.3%.
No valid medical waiver in drivers possession
Direct answers grounded in TruckCodex inspection data
Yes — most likely. Across our 13 million inspection records, 391.49J results in an out-of-service placement in 69.2% of cases. That's more than double the 31.4% all-FMCSR average, making this violation one of the highest-risk OOS triggers for driver fitness violations. In Texas alone, where we see the most 391.49J citations, the OOS rate hits 86.7%.
391.49J means you were operating a commercial motor vehicle without a valid medical waiver in your possession. Medical waivers are required when you don't meet standard physical qualification standards but have been granted an exception by your state. The citation indicates an inspector found no proof of that waiver during your roadside inspection or at the time of the stop.
First: locate your valid medical waiver document and ensure it's physically with you. Second: verify your CDL status—our data shows 391.49J frequently co-occurs with CDL violations (383.23A2 appears in 24 of the last 90 days of shared inspections), so confirm your license class is current. Third: contact your carrier's safety manager and state DMV to confirm your waiver is on file. Do not operate until your waiver is resolved.
Yes. Your 69.2% OOS rate is significantly lower than the related violation 391.41APC (operating without a valid medical certificate), which has a 97.1% OOS rate across 49,539 citations. However, 391.49J still places you in a high-enforcement category. The peer code 391.41(a) (general physical qualification) sits at only 16.2% OOS, so missing a waiver on your person is treated far more seriously than general fitness concerns.
Our 180-day data shows Texas leads by far with 60 citations and an 86.7% OOS rate. Illinois follows with 18 citations and a 94.4% OOS rate—the highest rate in the nation. Iowa, New Mexico, and North Carolina round out the top five, each with small citation counts but 100% OOS placement rates. If you drive in Texas or Illinois, this violation is actively enforced.
Enforcement has remained elevated. Over the last 12 months, we recorded 266 citations. The last 90 days show 50 citations, suggesting steady activity. July and August 2025 were the busiest months (43 citations each), and recent months (February–March 2026) show 22–24 citations per month, indicating this violation continues to be a focus area for roadside inspectors.
Yes—if the citation is factually incorrect. DataQs (the FMCSA's Record Dispute Resolution process) allows you to challenge roadside inspection findings within 15 days if you can prove you had a valid waiver in your possession at the time of the stop. Gather your original waiver document, any supporting state DMV records, and a detailed account of the inspection. Document-based disputes have a better success rate than equipment-condition disputes.
JH TRANSPORTATION LLC (USDOT 3524624) has the highest citation count with 3 all-time citations. Among vehicle makes, Freightliners lead with 69 citations, followed by Ford (49) and Peterbilts (32). This pattern suggests 391.49J is enforced across all carrier sizes and equipment types—it's a driver-fitness violation, not equipment-specific, so your vehicle make does not predict risk.
Where 391.49J 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.