FMCSR 392.33: Obstructed Driver View — Citations & Consequences

No. Across our inspection records, 392.33 citations result in out-of-service placement only 0.3% of the time—just 2 out of 756 all-time citations in the database. The vast majority of drivers cited for obstructed driver view (754 cases) were allowed to continue driving. For context, the average FMCSR violation carries a 31.4% OOS rate, so 392.33 is far less likely to ground your truck.

A 392.33 citation carries a severity weight of 5 points. In the CSA Points system, this weight is multiplied by your inspection-type multiplier (typically applied over a 30-month rolling period). The 5-point weight places this in the mid-range for safety violations—serious enough to impact your safety profile, but less severe than violations weighted 10 or higher.

First: document the reason cited (dirt, ice, cracks, or sunshade placement). Next: inspect your windshield, side windows, mirrors, and any obstructions—clean or remove them immediately. Check for related defects: our data shows 393.78 (defective windshield condition) co-occurs with 392.33 in 7 of the last 90 days' inspections. If equipment is damaged, schedule repair before your next inspection. Request written details from the inspector about what was obstructed and from which position.

Not relative to peer violations. The fatigue/illness code 392.2 has logged 1,208,164 citations with a 0.8% OOS rate—higher than 392.33's 0.3% rate. Across the Unsafe Driving category, 392.33 ranks #790 nationally by citation volume out of 3,036 total FMCSR codes. It's enforced far less frequently than driver behavior violations, suggesting inspectors treat it as a lower-priority finding when equipment or conditions are the root cause rather than driver action.

Over the last 180 days, Texas leads by far with 71 citations, followed by Illinois with 3, Iowa with 1, and North Carolina with 1. The concentration in Texas reflects both traffic volume and seasonal factors (winter precipitation and dust can obstruct visibility). If you operate in Texas, ensure your windshield and mirror maintenance is documented and frequent.

Citations are trending upward in recent months. Over the last 12 months, we recorded 115 total citations; in the last 90 days, 31 citations appeared. December 2025 saw a spike (21 citations), followed by January and February 2026 (15 and 16 respectively). This uptick may reflect increased winter inspections when visibility is compromised, or heightened inspector focus on windshield and view obstructions.

Yes, all FMCSA roadside inspection violations can be challenged through the DataQ (Data Quality) process, provided you dispute it within 90 days of citation. Obstruction findings are often contestable if you can prove the obstructed view did not actually impair your ability to drive safely, or if the inspector's documentation was incomplete or factually incorrect. You'll need written evidence (dashcam footage, weather conditions, mirror/windshield condition photos taken at the time) to succeed. DataQ requests are submitted through FMCSA's website and require specificity about which facts you dispute.

Our data from the last 90 days shows 392.33 most often co-occurs with 393.9 (inoperable required lamp, 11 shared inspections) and 393.45B2UV (brake tubing/hoses inadequate, 10 inspections). You'll also see defective windshield condition (393.78, 7 inspections) and tire tread issues (393.75C, 7 inspections). When cited for obstructed view, expect a full vehicle inspection—ensure lights, brakes, tires, and fuel systems are all in compliance to avoid stacking violations.