FMCSR 392.64: Riding in Closed Cargo Body—Q&A

No. Across our inspection records, 392.64 has never resulted in an out-of-service order. All 23 citations on record were issued as moving violations only, with a 0.0% out-of-service rate. This is significantly lower than the 31.4% average out-of-service rate across all FMCSR codes, making this one of the least severe violations in terms of immediate enforcement action.

This violation is rare. Our database shows only 23 citations all-time for 392.64, with just 7 citations in the last 12 months and 2 in the last 90 days. It ranks #1881 out of 3,036 FMCSR codes by citation volume, making it one of the least-cited violations. Most drivers will never encounter this citation.

First, verify the facts of the stop with your logbook and dashcam footage. Review your vehicle inspection and maintenance records—especially inspection documentation, since proof of periodic inspection (396.17C) appears in 2 of the recent co-occurring citations. Check that all required lamps are operable; inoperable head lamps and other lighting violations (393.9, 393.11) were also cited alongside 392.64 in recent inspections. Contact your carrier's safety manager and document the citation details for your records.

Relative to peer violations in the unsafe driving category, 392.64 is minor. Operating a CMV while ill or fatigued (392.2) has generated over 1.2 million citations with a 0.8% out-of-service rate—far higher enforcement volume. The 0.0% out-of-service rate for 392.64 indicates inspectors view it as a documentation or procedural issue rather than an immediate safety threat requiring vehicle removal from service.

In the last 180 days, Texas leads with 4 citations and 0 out-of-service orders (0.0% rate). Our data does not show significant citation volume in other states, indicating this violation is concentrated in a narrow geographic area. If you operate in Texas, be aware of local enforcement patterns around cargo body regulations.

Our inspection records show 392.64 most often co-occurs with proof of inspection issues (396.17C, cited in 2 shared inspections), driver fatigue violations (392.2RG, 2 shared inspections), and lighting defects (393.9, 2 shared inspections). These patterns suggest inspectors cite 392.64 during comprehensive vehicle and driver audits. Review all co-citations carefully; fixing lighting or inspection documentation may help you defend against the overall citation package.

Yes, you can file a DataQs challenge through FMCSA's Roadside Inspection Data Quality system. Since 392.64 involves cargo area configuration—a verifiable physical condition—gather clear evidence: photos of exits, logbooks, witness statements, and any pre-trip inspection records. If the violation was recorded in error or the vehicle actually had compliant exits, DataQs is designed to remove or correct the citation record. Consult your carrier's safety or compliance department for guidance on your specific case.

Based on monthly data, 392.64 citations remain sporadic with no clear upward trend. Last 12 months show: July (1), September (1), October (1), December (2), and March 2026 (2). The slight uptick in late 2025 and March 2026 may reflect seasonal enforcement or regional operations, but at only 7 citations over 12 months, this violation remains exceptionally rare in roadside inspections.