FMCSR 392.33(a) — Obstructed Driver View: Citations & Compliance

What happens when you're cited for 392.33(a)? See enforcement stats, CSA points, OOS rates, and next steps from 13M+ roadside inspections.

Severity Weight
5
OOS Eligible
No
BASIC Category
Unsafe Driving
Code System
FMCSR
Code:
392.33(a)
Code System:
FMCSR
BASIC Category:
Unsafe Driving
OOS Eligible:
No
Severity Weight:
5

Ranks #1,842 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.

Violation Description

Driving a CMV when the driver's view is obstructed to the front or sides.

Questions & Answers

Direct answers grounded in TruckCodex inspection data

Will 392.33(a) put my truck out of service?

No. Across our inspection database, 392.33(a) citations have resulted in zero out-of-service placements out of 29 all-time citations, giving this violation a 0.0% OOS rate. This is significantly lower than the all-FMCSR average of 31.4%, meaning inspectors rarely ground trucks for obstructed driver view alone. However, the violation itself remains on your record and contributes to CSA points.

How many CSA points do I get for 392.33(a)?

This violation carries a CSA severity weight of 5 points. In the Unsafe Driving BASIC, those 5 points count toward your 30-day rolling score. One citation means 5 points added immediately; if you accumulate multiple citations in 30 days, each adds 5 more. The severity weight is lower than many other unsafe driving codes, but CSA points compound quickly if you're cited repeatedly.

What should I do right now after being cited for 392.33(a)?

Immediately:

  1. Document the citation—get the inspector's badge number, date, time, and vehicle ID.
  2. Inspect your windshield, mirrors, and side windows for dirt, damage, or obstruction.
  3. Clean or repair any obstructions before your next shift.
  4. Photograph the corrected condition for your records.
  5. Notify your fleet manager or safety coordinator if you operate under a carrier.
  6. Review your pre-trip inspection procedure to catch this sooner next time.

Don't delay repairs—repeat citations accelerate CSA escalation.

How serious is 392.33(a) compared to other unsafe driving violations?

392.33(a) is relatively uncommon in enforcement. Our records show 29 all-time citations, ranking it #1816 of 3,036 FMCSR codes by volume. By contrast, the most common unsafe driving violation—392.2 (operating while ill or fatigued)—has over 1.2 million citations. The 0.0% OOS rate on 392.33(a) also contrasts sharply with peer unsafe driving codes, many of which range from 0.1% to 2.4% OOS rates, suggesting this violation is treated as less urgent than driver condition or speed violations.

Can I contest this citation through DataQs?

Yes, you can challenge any FMCSR citation through FMCSA's DataQs (DataQuality System). Obstructed view citations are typically based on inspector observation, not data from your logbook or equipment download, so contestability depends on whether the obstruction was truly present at the moment of inspection. Gather photos, maintenance records, and the pre-trip inspection form from that date. Submit your challenge within the DataQs window (typically 90 days). FMCSA will review and either uphold, modify, or remove the citation.

Where are 392.33(a) citations happening most?

Across 13 million roadside inspections, 392.33(a) is cited so infrequently (29 all-time) that it does not cluster heavily in any single state. The violation does not show a geographic concentration pattern in our enforcement data. This rarity suggests obstructed driver view is rarely the primary focus of safety inspections, compared to braking systems, lighting, or driver hours violations.

How urgent is fixing the obstruction after a 392.33(a) citation?

Fix it before your next inspection shift. While the 0.0% OOS rate means you won't be grounded immediately, a repeat citation for the same issue will compound your CSA score and signal to inspectors and carriers that you're not maintaining compliance. Our data shows zero citations in the last 90 days, reflecting the rarity of this violation, but that doesn't mean a second offense won't trigger stricter action. Treat it as a correctable defect and resolve it right away.

Does a 392.33(a) citation follow the driver or the carrier in CSA?

In FMCSA's CSA system, safety violations are attributed to both the driver and the carrier. Your unsafe driving record (including the 5-point severity weight) flows into your personal driver history and affects your Unsafe Driving BASIC. It also appears on the carrier's BASIC for the same category. If you move to a new carrier, the violation stays with your DAC file; it doesn't follow the old carrier. Both driver and carrier have responsibility for compliance.

Last updated: 2026-04-20T16:10:23.864Z Answers reference TruckCodex inspection data Read the full article → Fleet FAQ →

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).

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EIA

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

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

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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.