FMCSR 393.100(c) — Cargo Shifting: Driver Q&A

Technically no — but in practice, it very often does. 393.100(c) is not formally OOS-eligible, yet our inspection records show that 1,977 of the 2,897 all-time citations resulted in an out-of-service order, producing a 68.2% OOS rate. That is more than double the all-FMCSR average of 31.4%. The likely explanation: inspectors who find shifting cargo almost always find a companion violation that is OOS-eligible and pull the truck on that basis. Treat this as a de-facto OOS risk. If your load is not secured when an inspector walks up, plan on sitting until it is.

The number of CSA severity points depends on the weight assigned to this code by FMCSA's SMS system, which is not included in our inspection data for this citation. What our records do confirm is that 393.100(c) falls under the Vehicle Maintenance BASIC. Any violation in that BASIC is time-weighted: a citation in the last 6 months carries a higher multiplier than one older than 12 months, and citations within 30 days of each other on the same carrier record are multiplied further. With 2,897 all-time citations on file, this code has a real presence on carrier SMS scorecards. Check FMCSA's SMS portal directly for the current severity weight.

Document everything immediately, then secure the load before moving the vehicle. Here is the priority order:

1. Photograph the load in its current state before touching anything — this is your evidence if you later dispute the citation.
2. Re-secure the cargo to the required standard before resuming travel; inspectors often verify this before releasing you.
3. Note every violation on your inspection report — our records show this citation frequently appears alongside other cargo-securement codes, so read the full inspection sheet carefully.
4. Report the citation to your fleet safety manager the same day; it hits your carrier's BASIC within 30 days.
5. Retain the inspection report — you will need the report number if you file a DataQs challenge.

Yes — its OOS rate is unusually high for a code that is not formally OOS-eligible. Across our database, the all-FMCSR average OOS rate is 31.4%. 393.100(c) comes in at 68.2%, meaning inspectors put trucks out of service on this citation at more than twice the system-wide rate. For context, peer Vehicle Maintenance codes like 393.9(a) — inoperable required lamps — have a 15.4% OOS rate across 660,737 citations. Even 396.3(a)(1), a broadly enforced maintenance standard with 236,919 citations, sits at 45.3%. A 68.2% effective OOS rate places 393.100(c) among the most operationally disruptive citations in its category.

Yes, you can submit a DataQs Request for Data Review (RDR) — and the type of evidence you need depends on what the inspector documented. 393.100(c) is an equipment/condition finding, not a paperwork deficiency, so a successful challenge typically requires proof that the cargo was properly secured at the time of inspection: photographs, Bills of Lading, or a signed shipper certification showing the load left origin compliant. If the inspector's notes contain a factual error — wrong vehicle, wrong driver, wrong load description — that is also grounds for correction. File at dataqs.fmcsa.dot.gov using the inspection report number. The state patrol agency that issued the citation is the responding party and must reply within 60 days.

Our inspection records do not break down the 2,897 all-time 393.100(c) citations by state in the data available for this page. What the records do show is vehicle-level concentration: FORD vehicles account for 209 citations, FREIGHTLINER variants (FREIGHTLIN and FRHT combined) account for 345, and KENWORTH for 54 — suggesting this citation spans a wide range of fleet types rather than concentrating in one equipment segment. For state-level filtering, the full TruckCodex dataset can be queried by jurisdiction, but no top-state breakdown is available in the current statistics block for this code.

Enforcement of this specific code has gone quiet recently, but the historical OOS risk is high enough to take it seriously regardless. Our database shows 0 citations in the last 90 days and 0 in the last 12 months against a lifetime total of 2,897. That drop-off may reflect reclassification of cargo-securement violations to other codes rather than reduced inspector interest in unsecured loads. The 68.2% all-time OOS rate tells you that when inspectors do cite it, they almost always park the truck. There is no safe window to defer securing a load. Compliance is required every move, not just during active enforcement cycles.

It follows both, but in different FMCSA systems. The citation is recorded against the carrier's DOT number and scores against the carrier's Vehicle Maintenance BASIC in the SMS. Our records show recognizable large carriers — including CENTRAL TRANSPORT LLC (15 citations), XPO LOGISTICS FREIGHT INC (13 citations), and GREENWOOD MOTOR LINES INC (12 citations) — accumulating these citations over time, which directly affects their SMS percentile rankings. Drivers are identified in the inspection record too, and that data is accessible to prospective employers through the Pre-Employment Screening Program (PSP). A single citation on a driver's PSP report can surface in hiring reviews for up to three years.