392.16B-CPASS: Seat Belt Use Citation & What Happens

Got cited for 392.16B-CPASS? Here's what the violation means, why it matters, and how our 13M inspection records show enforcement is trending.

Severity Weight
7
OOS Eligible
No
BASIC Category
Unsafe Driving
Code System
FMCSR
Code:
392.16B-CPASS
Code System:
FMCSR
BASIC Category:
Unsafe Driving
OOS Eligible:
No
Severity Weight:
7
Violation Group:
Seat Belt

Ranks #680 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.

Violation Description

Co-Driver - Failed to use seat belt while operating a property-carrying CMV.

In-Depth Explainer

Grounded in TruckCodex roadside-inspection data

What 392.16B-CPASS means in plain language

FMCSR 392.16B-CPASS is straightforward: if your truck has a seat belt assembly installed at the driver's seat, you must wear it while operating the vehicle. This applies to every commercial motor vehicle equipped with that safety hardware—which is nearly all modern trucks on the road.

This isn't a judgment call. Either the seat belt is fastened properly while you're driving, or you're in violation. The regulation exists because seat belts reduce injury and death in crashes, and the FMCSR treats compliance as non-negotiable during operation.

What our enforcement data actually shows

Across our database of 13 million+ roadside inspection records, we've documented 983 all-time citations for 392.16B-CPASS. In the last 12 months, that number was 647 citations. Over the last 90 days, we recorded 109 citations.

Here's the critical part for your situation: this code has a 0.0% out-of-service rate across all 983 citations ever recorded in our data. That means no driver has been placed out of service for this violation. Compare that to the all-FMCSR average out-of-service rate of 31.4%—this code ranks #721 out of 3,036 FMCSR codes by citation volume, and it is substantially less likely to result in an immediate roadside OOS than the typical FMCSR violation.

What matters for you: you will not be pulled off the road solely because of this citation. However, the violation still triggers a CSA severity weight of 3, which means it enters your safety record and can affect your carrier's CSA scores and your own compliance history.

Who gets cited most

Our inspection records show this violation is most frequently cited in Colorado, Washington, and Georgia. Over the last 180 days, Colorado had 44 citations, Washington had 31, and Georgia had 28. All three states show a 0.0% out-of-service rate for this code, consistent with the national pattern.

At the carrier level, our data shows fleets such as NEW PRIME INC with 10 all-time citations and WESTERN EXPRESS INC with 9 citations have the highest documented counts. These numbers reflect the size and inspection exposure of large fleets; they do not indicate systemic non-compliance beyond what the raw citation count shows.

How severe is this compared to similar codes

Seat belt violations fall into the Unsafe Driving category. Examining peer codes in the same regulatory space:

  • 392.2 (Operating a CMV while ill or fatigued) has 1,208,164 all-time citations with a 0.8% OOS rate. That's over 1,200 times more citations and a higher OOS likelihood.
  • 392.2-SLLSR (Operating a CMV while ill or fatigued) has 191,232 citations with a 0.1% OOS rate—still nearly 200 times more frequent than 392.16B-CPASS.
  • 392.2-SLLTCD (Operating a CMV while ill or fatigued) has 85,391 citations with a 0.0% OOS rate.

The data makes clear: while fatigue and illness violations are far more common in the Unsafe Driving space, seat belt non-compliance is treated as a lower-volume issue. Its severity relative to other unsafe-driving codes is proportionally minor.

Trends and co-occurring violations

Our monthly data from the last 12 months shows fluctuation but a consistent pattern. Citation volume peaked at 74 in August 2025, then settled to 40–70 per month through early 2026, with April 2026 showing only 3 citations (likely due to the month being incomplete as of our snapshot date).

When this violation appears, it often co-occurs with other safety issues. In the last 90 days, 18 inspections cited both 392.16B-CPASS and 392.16-D (another seat belt variant). Medical certificate deficiency (391.41APC) appeared in 17 shared inspections, and operating while ill or fatigued (392.2-SLLSR) in 14. This pattern suggests that roadside inspectors finding one safety lapse often discover others—reinforcing the importance of a complete pre-trip checklist.

Vehicle makes most frequently cited for this violation include Freightliner (237 citations), International (91), Ford (91), and Volvo (49). This distribution reflects the overall fleet composition on U.S. roads rather than a defect unique to any brand.

How to avoid it

Before every shift:

  • Inspect your seat belt assembly for tears, fraying, or mechanical failure. If the latch won't engage or the belt doesn't retract, report it to your dispatch or mechanic immediately and do not operate that vehicle until repaired.
  • Make buckling your seat belt part of your engine-start routine—treat it as non-negotiable as checking mirrors.
  • If you're transitioning between different trucks, take 30 seconds to locate and test the seat belt assembly in each one. Familiarity prevents oversight.

During your drive:

  • Keep the seat belt fastened from the moment you leave the dock until you park. Do not unbuckle at traffic lights, in rest areas, or during load checks.
  • If you're working a shift where fatigue or illness is a factor (as flagged in co-occurring codes), address that first. Proper rest prevents all unsafe-driving citations, not just seat belt lapses.

In your pre-trip inspection:

  • Walk through the cab and physically test the seat belt. Tug it hard. Ensure it's not tangled under the seat and that both the lap and shoulder portions are functional.
  • Document any defects in writing and notify your safety team. A logged pre-trip finding protects you if the vehicle is cited later—it shows you reported the issue.

The data is clear: this violation is preventable, rarely results in immediate OOS action, but will mark your record if cited. A two-second buckle check every day eliminates the risk entirely.

Last updated: 2026-04-20T14:13:09.238Z Based on TruckCodex inspection data See 392.16B-CPASS Q&A → Fleet FAQ →

Top Enforcing States

Where 392.16B-CPASS is most commonly cited (last 180 days)

1. Massachusetts
51
OOS 0.0%
2. Michigan
41
OOS 0.0%
3. California
37
OOS 0.0%
4. Colorado
37
OOS 0.0%
5. Arizona
23
OOS 0.0%
6. Iowa
19
OOS 0.0%
7. Georgia
19
OOS 0.0%
8. Pennsylvania
15
OOS 0.0%
9. Washington
13
OOS 0.0%
10. Kentucky
9
OOS 0.0%
11. New Jersey
9
OOS 0.0%
12. Indiana
5
OOS 0.0%
13. Ohio
5
OOS 0.0%
14. Oklahoma
5
OOS 0.0%
15. Connecticut
4
OOS 0.0%

Often Cited Together

Other violations commonly found on the same inspection (last 90 days)

Data sources & freshness

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.

Refreshed daily.

Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).

Refreshed daily.
EIA

Retail diesel and gasoline price history and state fuel-tax tables.

Refreshed weekly.

Cross-border carrier registry and Canadian recall campaigns where applicable.

Refreshed weekly.

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.