391.49JCOMPLY Citation: What Happens Next?

Yes. Across our inspection records, every citation for 391.49JCOMPLY has resulted in an out-of-service order—a 100% OOS rate. This is significantly higher than the national average OOS rate of 31.4% across all FMCSR codes. Once cited, your truck will be removed from service until you demonstrate compliance with the skill performance evaluation requirements that were flagged.

Very serious. While 391.49JCOMPLY itself is rare—ranked #2269 of 3,036 FMCSR codes by citation volume—its 100% out-of-service rate places it in a different severity tier than many peer violations. For comparison, similar driver fitness codes show far lower OOS rates: 391.41(a) at 16.2%, and 391.41(a)(1) at 16.7%. Only the most critical licensing and medical violations exceed 391.49JCOMPLY's enforcement severity.

1. Stop operating immediately—your vehicle will be placed out of service.
2. Review the evaluation requirements cited by the inspector—this references specific skill performance evaluation standards you must meet.
3. Schedule a new skill performance evaluation with a certified examiner if you failed or did not take one previously.
4. Submit proof of compliance to your carrier and document the inspection results.
5. Contact your carrier's compliance department to report the citation and coordinate reinstatement.
6. Request a reinspection once you have satisfied the evaluation requirements.

Yes, it is extremely rare. Our inspection records show only 8 citations for 391.49JCOMPLY in the entire TruckCodex database, with just 1 citation in the last 12 months and 0 in the last 90 days. This means you are in a very small group of drivers cited for this violation. However, the 100% out-of-service rate means each citation is treated with maximum severity.

Based on the last 180 days of data, Iowa accounts for 1 citation with a 100% out-of-service rate. Because this violation is so infrequent nationwide, no single state dominates enforcement. The rarity of citations suggests this violation is triggered only when skill performance evaluation deficiencies are severe or widespread.

You can submit a DataQs challenge if you believe the inspection record contains factual errors (such as incorrect driver information, vehicle details, or misidentification of the violation). However, DataQs is a formal FMCSA appeal process and should be pursued only if you have evidence that the citation itself is inaccurate. If the citation is correct but you disagree with the evaluator's assessment, work with your carrier to complete a new, valid skill performance evaluation and request reinstatement.

Freightliners (FRHT) account for 4 of the 8 all-time citations for this violation. The remaining citations are distributed across GDAN (2), WANC (2), RAM, TRLR, VOLV, DOOLITTLE, WILX, FORD, and PTRB (1 each). The concentration on Freightliners may reflect their prevalence in long-haul operations where skill performance evaluations are more frequently required.

This violation affects both. Under FMCSA CSA rules, driver fitness violations are recorded in the Driver BASIC, which impacts the driver's personal safety record and CSA score. However, the citation also appears on the Carrier BASIC because your carrier is responsible for ensuring all drivers operating their vehicles meet skill performance evaluation requirements. Both the driver and carrier are accountable.