FMCSR 393.104A: Damaged Cargo Securement — Driver Q&A

Not automatically. Across our 13 million inspection records, 393.104A citations result in an out-of-service placement 31.8% of the time. That's slightly higher than the all-FMCSR average of 31.4%, but it means 68% of drivers cited for damaged tiedowns are allowed to continue. Whether you get placed OOS depends on the inspector's assessment of whether the damaged device can still secure cargo safely. If it cannot perform its intended function, you'll be ordered to repair and re-inspect before moving.

This violation carries a severity weight of 6 points. Under the CSA system, these points are calculated into your Safety Management Cycle on a rolling 24-month basis, with the most recent 30 days weighted more heavily. A single citation of 6 points won't destroy your record, but repeated cargo securement violations will compound. If you're inspected and cited again for similar equipment issues within the cycle, the cumulative impact accelerates.

First, if you were placed out of service, do not move the truck until the tiedown or securement device is repaired and re-inspected. Stop at a safe location. Second, repair the damaged device immediately—whether that's a strap, chain, or bracket. Third, request a follow-up inspection to clear the OOS status. Our data shows that 393.104A frequently co-occurs with lighting violations (393.9 in 21 shared inspections in the last 90 days) and brake issues. Do a full walk-around of your vehicle to catch other defects before the re-inspection.

It's in the middle of the severity range for vehicle maintenance. Our records show 443 all-time citations for 393.104A, ranking it #961 out of 3,036 FMCSR codes. Its 31.8% out-of-service rate is slightly above average. Compare that to 393.110B (Cargo securement - logs), which co-occurred with 393.104A in 8 inspections in the last 90 days. The key difference: 393.104A is about visible equipment damage, not documentation or loading pattern, so inspectors treat it as an immediate safety issue.

You can file a DataQs (FMCSA's roadside inspection data dispute process) if you believe the citation was issued in error or is inaccurate. For 393.104A, contestability depends on the facts: if the tiedown was undamaged or you can prove you repaired it before the inspection, you have grounds. However, if the inspector documented visible damage or functional failure with photos or written notes, your challenge will be harder. File within 90 days of the inspection through your carrier's FMCSA Safety Management account or directly with FMCSA. Success rates vary; focus on evidence that contradicts the inspector's finding.

In the last 180 days, enforcement is concentrated in three states. Texas leads with 77 citations and a 33.8% out-of-service rate. North Carolina follows with 24 citations at a 33.3% OOS rate. Illinois had 9 citations at a lower 22.2% rate. If you operate in Texas, you're in the highest-citation state for this violation. The data indicates tighter cargo securement scrutiny in TX and NC—likely due to high-volume truck corridors and DOT resource allocation.

Very urgent. In the last 90 days, we recorded 61 citations for 393.104A, averaging about one every 1.5 days nationwide. The trend is climbing—June 2025 saw 37 citations (the highest monthly count in our 12-month window), and October 2025 hit 33. This is not a rare violation. If you're operating with known damaged securement equipment, the probability of citation is high. Beyond the CSA penalty, you risk cargo shift, spillage, or accident liability if your load comes loose on the road. Repair it before your next load.

Vehicle maintenance violations like 393.104A are tied to the carrier's CSA record, not the driver's. The citation appears under your company's USDOT number in the Roadside Inspection BASIC and Vehicle Maintenance BASIC, which affects your carrier's safety rating. However, as the driver, you'll also see it on your own record if you're the operating driver at the time of inspection. Both the company and the individual driver have compliance responsibility for equipment condition. This is why fleet safety managers must establish vehicle maintenance protocols—your company's hiring, safety culture, and inspection frequency directly impact citation risk.