FMCSR 393.116(a) — Cargo Securement: Intermodal Containers

Yes. Across our inspection records, every single citation for 393.116(a) resulted in an out-of-service placement—a 100.0% OOS rate. This is dramatically higher than the average FMCSR code, which carries a 31.4% OOS rate. When an intermodal container isn't properly secured to the chassis or platform, the inspector will not clear your truck to move until the load is secured correctly. Plan for immediate roadside repair or towing.

This violation carries a severity weight of 7 CSA points. The actual impact on your BASIC score depends on whether this is your first violation in the Safety & Fitness Electronic Records (SAFER) system. If you receive multiple citations within 30 days, FMCSA applies a multiplier that can increase your points. A single 393.116(a) citation will weigh more heavily than minor maintenance issues, so prioritize addressing it in your safety record and insurance conversations.

Immediate steps:

1. Do not move the truck. You are out of service until the violation is corrected.
2. Secure the container properly — ensure all tie-down devices, corner castings, or locking mechanisms meet FMCSR 393.100–393.130 requirements.
3. Call your dispatcher — inform them of the citation number and estimated repair time.
4. Request a reinspection — once repairs are complete, ask the inspector or DOT officer to sign off that the violation is cleared.
5. Keep the citation copy — you may need it for insurance or DataQs contestation later.
6. Document the repair — photograph the secured load and save all receipts.

Yes, 393.116(a) is exceptionally serious. Its 100.0% out-of-service rate far exceeds peer violations in the Vehicle Maintenance category. For comparison, inoperable required lamps (393.9) have a 15.4% OOS rate, while brake defects (393.47E) sit at 0.0%. Our inspection records show that improper intermodal container securement is treated as an immediate safety hazard—every instance results in the truck being pulled from service, making it one of the most urgent violations you can receive.

You can submit a DataQs challenge through FMCSA's DataQs system, which is the formal dispute process for roadside inspection records. However, success depends on the type of finding. If the inspector documented that the container was not secured (an objective, observable condition), the challenge will be difficult. If you can prove the securement method met regulation at the time of inspection—with photographs, equipment specifications, or witness statements—you have better ground for contestation. Submit your DataQs request within the FMCSA deadline window.

Our inspection records show only 21 all-time citations for 393.116(a) across the United States, making it one of the rarest violations tracked. With such sparse enforcement history, geographic hot spots are not clearly defined in our data. However, the violation is cited across different carrier types and vehicle makes, suggesting it occurs wherever intermodal container loads move through inspection checkpoints—typically on highways and at weigh stations during cross-country hauls.

This is the most urgent category of violation. The 100.0% out-of-service rate means your truck cannot legally move one inch until the violation is corrected. Additionally, our records show zero citations in the last 90 days, suggesting that when this violation does occur, it is caught and corrected immediately—there is no gray area or grace period. Treat this as a stop-and-fix-now emergency, not a schedule-repair-later issue.

FMCSA records violations at both the carrier and driver level within the SAFER system. A 393.116(a) citation will appear on your motor carrier's Out-of-Service rate and Safety event history, which affects their FMCSA safety profile, insurance, and ability to win contracts. As a driver, the violation is recorded in your FMCSA profile and may affect your employability. If you were the driver loading or securing the container, the responsibility typically rests with the carrier's maintenance or loading procedures—though your driving record reflects the citation.