FMCSR 393.104(c) — Damaged Cargo Securement: Q&A

Probably not. Across our inspection database, this violation resulted in an out-of-service order in only 13.0% of cases—well below the 31.4% all-FMCSR average. Of 346 total citations for damaged tiedowns in our records, 301 trucks were allowed to continue operating. You're more likely to receive a warning citation than an OOS order, but the inspector will assess whether the damage poses an immediate safety risk to cargo or other vehicles.

This violation carries a severity weight of 6 CSA points. Your total points depend on when the citation was issued: violations recorded in the current 30-day window count at full value, those 31–60 days old at 75%, 61–90 days old at 50%, and 91–120 days old at 25%. A single 393.104(c) citation added 30 days ago would contribute 6 points to your Unsafe Driving or Vehicle Maintenance BASIC category.

First: document the damaged tiedown (photos, location, condition). Second: assess whether the damage affects your ability to safely transport the current load—if yes, do not move the truck. Third: contact a qualified mechanic or maintenance facility to repair or replace the tiedown device. Fourth: keep all repair receipts and photos of the corrected equipment. Fifth: if you believe the citation is factually incorrect (tiedown was not actually damaged), you have the right to contest it through FMCSA's DataQs system within 90 days.

It's moderately serious. Our inspection records show 393.104(c) ranks #1039 of 3,036 FMCSR codes by citation frequency—not a high-volume citation. Compared to peer violations in the Vehicle Maintenance category, damaged tiedowns have a lower OOS rate (13.0%) than general inspection/repair violations like 396.3(a)(1), which carry a 45.3% OOS rate. However, it's more likely to trigger an OOS order than inoperable lamps (6.9%) or windshield defects (0.3%).

Yes. If you believe the citation is inaccurate—for example, the inspector misidentified the tiedown condition or failed to document the damage correctly—you can contest it through FMCSA's DataQs (Roadside Data Quality System) within 90 days of the inspection. DataQs challenges are most effective when the violation is a documentation error or a factual misidentification rather than a subjective judgment call. Gather your own photos and evidence showing the tiedown was functional at the time of inspection.

This violation is rare in recent enforcement activity. Across our 13 million inspection records, we recorded 346 all-time citations for damaged tiedowns. However, in the last 12 months and the last 90 days, the count dropped to zero—indicating inspectors are citing this less frequently now or that damaged tiedowns are becoming less common in roadside checks. When this violation does appear, it tends to cluster among carriers hauling bulk or heavy loads.

Kenworth trucks lead the list with 22 citations, followed by Mack (26) and Freightliner (18) in our database. Homemade trailers also appear with 8 citations, suggesting that owner-operators and small fleets using non-commercial equipment may face higher citation rates for tiedown defects. Large carriers using well-maintained standard tractors like KW (31 citations all-time) still appear in the data, but the violation remains rare relative to the size of the trucking fleet.

Both. The violation is recorded in your carrier's CSA profile under the Vehicle Maintenance BASIC category and contributes to that carrier's safety rating. It also appears on your individual driver record if you were the operator at the time of inspection. If you drive for a large carrier, one citation for damaged tiedowns will have minimal impact on the company's overall CSA score; if you're an owner-operator, it directly affects your FMCSA safety rating and insurance eligibility.