FMCSR 393.116(b) — Cargo Securement Q&A

Yes. Across our 13 million+ inspection records, every single citation for 393.116(b) — improper intermodal container securement — resulted in an out-of-service order. The OOS rate is 100.0%, meaning roadside inspectors do not allow trucks with this violation to continue operation until the issue is corrected.

This is significantly higher than the 31.4% average OOS rate across all FMCSR violations, making this one of the most serious cargo-related defects.

This violation carries a CSA severity weight of 7 points. The actual CSA impact depends on how many citations you accumulate in a rolling 12-month window — each citation within that period multiplies your points. A single 393.116(b) citation counts as 7 points immediately; if you receive another within 12 months, that's 14 points total, and so on.

CSA points feed into your Safety Management Cycle (SMS) and can trigger audit and alert thresholds, so getting this fixed quickly helps prevent cascading compliance problems.

Immediate steps:

1. Do not move the truck. You are out of service until corrected.
2. Inspect the intermodal container securement. Check all tie-downs, chassis connection points, and platform attachment hardware for visible damage or separation.
3. Call your carrier/dispatcher. Report the citation and OOS order immediately so they can arrange repair or recovery.
4. Photograph the defect before any repairs for your records.
5. Get a roadside re-inspection once repairs are complete to clear the OOS order.
6. Document the repair (parts, labor, date) for your compliance file and any future DataQs challenge.

Yes, it is among the most serious. Our inspection data shows that 393.116(b) has a 100.0% OOS rate — far higher than similar Vehicle Maintenance codes. For comparison, inoperable lamps (393.9) sits at 6.9% OOS, slack adjuster defects (393.47E) at 0.0%, and windshield damage (393.78) at 0.3%.

Cargo securement is a safety-critical defect. Unsecured intermodal containers can shift, tip, or separate during transit, creating immediate hazard to other road users. Inspectors treat it as a non-negotiable OOS condition.

Yes, you can file a DataQs (Database Quality System) request to contest the citation. DataQs is FMCSA's official process for drivers and carriers to challenge roadside inspection records they believe are inaccurate or unjust.

Your best ground is factual error — for example, if the inspector incorrectly documented the securement method or misidentified a component. Equipment defects are harder to challenge retroactively, but documentation errors (inspector notes, vehicle identification, citation details) can be corrected. Submit your challenge within 90 days of the inspection with photos, repair records, or witness statements supporting your case.

This violation is extremely rare. Across our 13 million inspection records, only 61 citations for 393.116(b) have ever been issued. In the last 12 months: zero citations. In the last 90 days: zero citations.

This rarity reflects the specialized nature of intermodal container transport and the fact that most carriers running containers maintain tight securement standards. If you receive this citation, you're in a small group — and the immediate OOS action makes it a priority fix.

Kenworth trucks lead with 15 citations, followed by unpublished makes (14), Peterbilt (11), Freightliner (10), and Pitts (10) across all-time enforcement records. Older or less-maintained equipment appears more frequently in our data, though the small sample size (61 total citations) means these numbers reflect specific carrier fleets rather than broad fleet-type trends.

If you operate an older chassis or specialized intermodal equipment, pay extra attention to container tie-down hardware and regular securement inspections.

This citation follows the carrier for CSA and Safety Management purposes. FMCSA attributes roadside vehicle maintenance and equipment defects to the carrier's safety record, not the individual driver. Your driver file may note the inspection event, but the safety consequences — CSA points, audit triggers, and compliance alerts — attach to the company's USDOT number.

If you're an owner-operator, you and your operation are treated as the carrier, so the citation directly impacts your CSA score and authority standing.