FMCSR 393.104(d) – Damaged Cargo Securement: Driver Q&A

Yes, but not always. Across our inspection records, 393.104(d) citations result in an out-of-service order 35.7% of the time. That means roughly 1 in 3 drivers cited for damaged tiedowns or cargo securement devices get placed OOS immediately. The inspector's decision depends on whether the damage prevents the device from performing its job and how much load is on your truck. If you're placed OOS, you cannot move the vehicle until the tiedown is repaired or replaced.

This violation carries a severity weight of 6 CSA points per citation. FMCSA multiplies your points by the number of violations found in a 30-day window, so if an inspector tags multiple damaged tiedowns in one stop, your point total stacks quickly. A single citation means 6 points added to your Vehicle Maintenance BASIC score. Over 90 days, those points gradually decay, but they directly affect your safety rating during that window.

Immediate actions:

1. Document the citation. Take photos of the cited tiedown and any inspector notes.
2. Repair or replace the device immediately. A damaged tiedown cannot secure cargo properly.
3. Do not move the truck if you were placed OOS. Violations after an OOS order carry federal penalties.
4. Request a follow-up inspection to confirm the repair and get cleared to operate.
5. Report to your fleet manager (if applicable) and your insurance company.
6. Consider contesting via DataQs if you believe the finding was wrong—upload your repair receipts and photos as evidence.

Speed matters: every day OOS is lost revenue.

Yes, it ranks higher in enforcement risk than you might think. Our data shows 393.104(d) has a 35.7% out-of-service rate, which exceeds the national FMCSR average of 31.4%. Compare this to similar Vehicle Maintenance codes: inoperable lamps (393.9) sit at 6.9% OOS, while general inspection/repair violations (396.3) spike to 45.3% OOS. Cargo securement sits in the middle—serious enough to trigger OOS one-third of the time, but not as automated as lamp failures.

Yes. The FMCSA DataQs system allows drivers and carriers to challenge roadside inspection findings. For 393.104(d), your case is strongest if you have photographic evidence the tiedown was functional at the time of inspection, maintenance records showing recent service, or witness statements. Submit your documentation—photos, repair receipts, or logbook entries—within 90 days of the violation through your company's DataQs account or directly via the FMCSA portal. Equipment-based violations like this one are contestable if the inspector's judgment can be refuted with hard evidence.

No. Our inspection database shows 398 total citations for damaged tiedowns or cargo securement devices across all time, but zero citations in the last 90 days and zero in the last 12 months. This suggests either improved driver compliance or less focused enforcement on this specific code. Ranked #994 of 3,036 FMCSR codes by citation volume, it is relatively rare. That said, when it does get cited, the 35.7% OOS rate means it carries real consequences.

Freightliners (FRHT) lead with 39 citations, followed by Kenworth (KW) with 25, and Peterbilt (PTRB) and International (INTL) tied at 20 each. This reflects the prevalence of these tractors in the fleet, not a systemic defect—cargo securement failures happen across all major manufacturers. Ford, Mack, and Volvo follow with lower counts. The pattern suggests the violation is equipment-agnostic and driver- or maintenance-dependent, not brand-specific.

Both. FMCSA records violations under two CSA BASIC categories: Vehicle Maintenance (your individual Unsafe Equipment BASIC) and your carrier's Maintenance BASIC. As a driver, the citation appears on your personal Safety Management Cycle record and affects your hire-ability if you move carriers. Your current carrier's safety profile also suffers, which may trigger increased audits or customer scrutiny. Fixing the problem quickly—and documenting it—protects both your record and your employer's rating.