FMCSR 393.126D2 Q&A: Cargo Securement & Out-of-Service Risk

Yes—but it's rare. Our inspection records show that when 393.126D2 is cited, the truck is placed out of service 100% of the time. However, this violation itself is extremely uncommon: across 13 million inspections, we see only 1 all-time citation for this code. The national average out-of-service rate across all FMCSR codes is 31.4%, so when this specific citation does occur, it triggers an OOS action far more often than typical violations.

This violation carries a CSA severity weight of 6 points. The actual impact on your Safety Measurement System (SMS) score depends on how many other violations you accrue in the same 30-day period—FMCSA multiplies severity weight by the number of events in that window. A single 393.126D2 citation means 6 points, but if you receive multiple violations in 30 days, the multiplier increases the total SMS impact. CSA points stay on your record for 12 months from the citation date.

Immediate steps:

1. Do not move the truck—if it was placed out of service, it cannot be operated until corrected.
2. Inspect how your flattened or crushed vehicle cargo is secured; verify all straps, chains, and tie-downs meet FMCSR standards.
3. Contact your dispatcher or fleet safety manager immediately with the inspection report.
4. Correct the securement issue before requesting the out-of-service status be lifted.
5. Request a re-inspection from the same DOT officer or your local weigh station to document compliance.
6. Keep all corrective action documentation for your records and CSA response.

This is an uncommon citation—ranked #2796 out of 3,036 FMCSR codes by overall citation volume. While it triggers an out-of-service action whenever cited (100% OOS rate), the violation appears very infrequently in our database. By contrast, related vehicle maintenance codes like inoperable required lamps (393.9) are cited 180,097 times with a 6.9% OOS rate, and inspection/repair violations (396.3) are cited 236,919 times with a 45.3% OOS rate. The extreme rarity of 393.126D2 suggests it occurs only in specialized demolition or heavy equipment transport operations.

Yes. DataQs (the FMCSA's web-based challenge system) allows you to contest inspection findings, including cargo securement violations. You have 90 days from the citation date to submit a challenge through your carrier's DataQs account. For a 393.126D2 finding, gather photos or evidence showing proper securement at the time of inspection, maintenance records, and any third-party verification. Equipment-based findings (improper cargo tie-downs) can be contested if you demonstrate compliance or inspector error. Consult your carrier's safety or compliance team—they manage the formal DataQs submission.

Across all-time records in our database, 393.126D2 citations are extremely sparse: only 1 citation appears. That single citation was issued to FOSS DEMOLITION INC (USDOT 2644071). The code does not show a geographic concentration across multiple states—the one all-time citation does not support a meaningful top-states ranking. This code is specialized to demolition, salvage, or heavy equipment transport operations, which represent a tiny fraction of commercial trucking activity.

Extremely urgent. Because this violation results in an out-of-service order 100% of the time, your truck cannot operate until corrected. You cannot legally haul freight, deadhead, or move the vehicle until re-inspected and cleared. Our data shows only 1 citation in the last 12 months and 0 in the last 90 days, indicating this is a rare event—which means when it does happen, it reflects a serious securement failure. Correct the cargo securement immediately and request a re-inspection to resume operations.

Both. FMCSA CSA violation records are maintained at the carrier level (affecting the company's Carrier Safety Profile used in audits and enforcement) and at the individual driver level (used in background checks and your personal SMS if you operate under your own DOT number). A 393.126D2 citation on your record as an employee driver stays with your carrier's CSA metrics for 12 months; if you operate an independent authority, it stays with your DOT number. Either way, the violation contributes to roadside inspection risk assessment for 12 months from the citation date.