Direct answers to driver questions about 392.71(b) violations, out-of-service rates, and what happens next after being cited.
Ranks #2,335 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
Direct answers grounded in TruckCodex inspection data
No. Across our 13 million inspection records, the data shows a 0.0% out-of-service rate for 392.71(b) violations. All 7 citations in our database resulted in non-OOS findings. This is significantly lower than the all-FMCSR average of 31.4%, meaning this violation typically does not trigger immediate roadside removal from service.
392.71(b) is relatively uncommon in enforcement. Our records rank it #2312 out of 3,036 FMCSR codes by citation volume, with only 7 citations documented all-time. By contrast, peer codes like 392.2 (Operating a CMV while ill or fatigued) have generated over 1.2 million citations with a 0.8% OOS rate. The rarity of 392.71(b) enforcement suggests it targets a narrow set of circumstances.
Yes. The DataQs challenge process allows you or your carrier to dispute roadside inspection records on grounds of factual error, documentation, or procedural issues. Submit your challenge within 90 days of the inspection. You'll need to provide contradicting evidence—such as logbook entries, maintenance records, or witness statements—that directly refutes the inspector's finding. FMCSA reviews the evidence and updates your CSA record if the challenge is sustained.
Our inspection data is too sparse to identify geographic concentration. With only 7 all-time citations across all states in our 13 million-record database, 392.71(b) is rarely cited anywhere. No single state shows a meaningful enforcement pattern. If you've received this citation, it likely reflects inspector discretion on the specific circumstances rather than a state-level enforcement focus.
Enforcement has stopped. Our records show 0 citations in the last 12 months and 0 in the last 90 days, despite 7 all-time citations. This suggests the violation may have been corrected through regulatory clarification, reclassification, or a shift in inspection focus. If you encounter this code on an older violation, consult your citation documents and consider whether circumstances have changed since the date of citation.
Our data shows citations across multiple vehicle makes: HYUNDAI TR (2 citations), FORD (2 citations), FREIGHTLINER (2 citations), and single citations for VOLVO, CIMC, INTERNATIONAL, and CHEVROLET. The distribution is too fragmented to identify a vehicle type pattern. This broad range suggests 392.71(b) is not tied to a specific truck category or manufacturer flaw.
Seven carriers appear in our records with 1 citation each: C & K TRUCKING LLC, COOPER ASPHALT & PAVING, LIFTRA USA INC, OASIS PORT TRANSPORTATION INC, MBC TRANSPORTATION LLC, SPIRIT CARGO LLC, and ECO METAL RECYCLING LLC. No carrier shows a pattern, confirming that 392.71(b) enforcement is extremely selective and not concentrated among specific operators.
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.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
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.