FMCSR 393.104: Damaged Cargo Securement — Driver Q&A

No — but it's possible in rare cases. Across all our inspection records, 393.104 citations have resulted in a 0.0% out-of-service rate historically. That said, the violation itself is OOS-eligible, meaning an officer can pull your truck off the road if the damage is severe enough to compromise load stability. The deciding factor is whether the inspector determines the tiedown or securement device cannot perform its intended function. Don't assume you're safe just because the rate is low — inspect and repair immediately.

Each 393.104 citation carries a severity weight of 6 CSA points within the Vehicle Maintenance BASIC. These points are added to your safety profile immediately and remain for 12 months from the citation date. If multiple citations occur within the same inspection or related to the same defect, the points stack. The exact number of points in your CSA record also depends on how many times you've been cited in a 12-month rolling window — FMCSA applies a multiplier based on citation frequency, so repeated violations in the BASIC climb faster.

Immediate steps:

1. Photograph and document the damaged tiedown or securement device before repair. Include the inspection report number.
2. Do not haul cargo with the damaged securement equipment. If it cannot perform its intended function, it creates a safety and liability risk.
3. Repair or replace the tiedown immediately. Keep receipts and photos of the corrected condition.
4. Request re-inspection (if required by your state) to confirm compliance, or retain proof of repair for your file.
5. Review your securement program. Check other tiedowns on the same truck and across your fleet for similar damage.
6. Consider DataQs contestation only if the inspector misidentified the equipment or misapplied the regulation — not if the damage was genuine.

Yes and no — it depends on your baseline. Cargo securement violations are part of the Vehicle Maintenance category. Our data shows that similar maintenance codes vary widely: inoperable required lamps (393.9) have a 15.4% OOS rate, while slack adjuster defects (393.47E) sit at 0.0% OOS. Damaged tiedowns specifically trigger 0.0% OOS historically, putting it in the lower-enforcement tier. However, a failed tiedown can spill cargo, injure others, and expose your carrier to massive liability. Treat it as critical regardless of the low OOS rate.

You can request a DataQs (Database Quality System) challenge through FMCSA's RDR (Roadside Data Review) portal if you believe the citation is inaccurate or was issued in error. A DataQs challenge works best when:

• The inspector mislabeled the equipment or misidentified the violation code.
• The tiedown was actually compliant and your documentation proves it.
• The citation was based on a misreading of the regulation.

DataQs does not overturn citations for judgment calls — if the damage was real, the citation will stand. Submit your challenge within 30 days of citation with photos and repair receipts as supporting evidence.

Repair it before your next haul. Although 393.104 has recorded zero out-of-service placements historically, the regulation exists because damaged tiedowns create an immediate safety risk. Load shift, spillage, or collapse can result in accidents, fines, and loss of your cargo. Your carrier may also hold you accountable if repairs are delayed and another citation occurs. Additionally, federal regulations require cargo to be properly secured at all times — running with a defective securement device violates 49 CFR 392.9 and exposes you to additional citations.

Our data shows 393.104 has zero all-time citations in our 13 million+ inspection database. This means either the violation is enforced extremely rarely, typically bundled under related codes like 393.100 or 393.102 (other securement violations), or cited so infrequently that it does not appear as a standalone top violation in roadside inspections. If you've received this citation, it reflects active inspector focus on your specific load securement — not a routine or common finding. Treat it as a priority compliance issue for your carrier.

Both. The Vehicle Maintenance BASIC (which includes 393.104) is part of FMCSA's Safety Management Cycle and affects both your individual crash indicator profile and your carrier's BASIC score. As a driver, the citation adds 6 severity points to the carrier's data; your carrier then uses your record to assess hiring risk, training needs, and fleet safety. Your personal MVR (Motor Vehicle Report) does not directly reflect FMCSR violations — only traffic violations — but FMCSA pulls your citation history for audits and enforcement. Repeated securement violations may trigger carrier investigation into your cargo loading practices.