FMCSR 393.128: Roll-On/Roll-Off Container Securement Q&A

Yes — almost certainly. Across all-time inspection records, 393.128 carries a 93.1% out-of-service rate (2,436 OOS placements out of 2,617 total citations). That is nearly three times the all-FMCSR average OOS rate of 31.4%. In practical terms, if an inspector finds your roll-on/roll-off or hook-lift container is not properly secured, your truck is getting parked on the spot in 9 out of 10 cases. Do not move the vehicle until the securement defect is corrected and you are officially released from OOS status.

393.128 carries a CSA severity weight of 6. That base score is then multiplied depending on how recently the violation occurred: inspections within the last 6 months receive a 3× time-weight multiplier, inspections from 6–12 months ago receive 2×, and anything older receives 1×. So a fresh citation effectively counts as 18 weighted points against your Vehicle Maintenance BASIC before any prior-violation multipliers are applied. Because this code is OOS-eligible and triggers an OOS placement over 93% of the time, the OOS flag itself can further elevate your BASIC percentile ranking.

Stop, fix the securement issue, and audit everything else on the truck before you move. Our inspection records show that in the last 90 days, 393.128 citations appeared alongside 36 inspections flagged for inoperable required lamps (393.9), 36 for no proof of periodic inspection (396.17C), 33 for operating while ill or fatigued (392.2RG), 24 for a missing or defective fire extinguisher (393.95A), and 22 for operating without a CDL (383.23A2). That pattern means inspectors who find a container securement issue are actively looking for these other violations. Before you ask to be released from OOS status, verify your lamp function, your periodic inspection paperwork, your medical certificate, and your fire extinguisher.

Yes — it is significantly more severe than most codes in its category. Our inspection data shows that peer Vehicle Maintenance codes like 393.9(a) (inoperable lamps) carry a 15.4% OOS rate across 660,737 citations, and 393.78 (windshield condition) sits at just 0.3% OOS across 157,894 citations. The 93.1% OOS rate for 393.128 dwarfs both of those, and it is nearly three times the all-FMCSR average of 31.4%. The code also ranks #477 out of 3,036 FMCSR codes by citation volume, meaning it is enforced actively enough to matter in any CSA snapshot.

Yes, you can submit a DataQs Request for Data Review (RDR), but success depends on the specific grounds. Because 393.128 is an equipment-condition finding — an inspector's direct observation of unsecured container hardware — it is harder to challenge than a paperwork violation. A viable DataQs challenge typically requires documented evidence that the inspector's finding was factually incorrect (for example, photos taken at the scene showing all locking pins properly engaged, or a signed post-inspection driver-vehicle inspection report completed before the stop). If the citation was issued in error or the inspection report contains clerical mistakes, DataQs is the correct channel to request correction of your PSP and SMS records.

Texas is by far the heaviest enforcement state. In the last 180 days, our inspection records show Texas issued 182 citations under 393.128, with 162 of those resulting in an OOS placement (89.0% OOS rate). Iowa ranked second with 35 citations and a 100.0% OOS rate, meaning every single citation in that state resulted in a parked truck. North Carolina was third with 21 citations, also at a 100.0% OOS rate. If you regularly run roll-on/roll-off or hook-lift equipment through Texas, Iowa, or North Carolina, your securement procedures will be scrutinized.

No — with a 93.1% OOS rate, you almost certainly cannot legally move the vehicle at all. An OOS order means the truck stays put until the defect is resolved; driving to a shop under OOS status compounds the violation. Beyond the immediate stop, the enforcement trend makes this urgent: our inspection records show citations climbed from 25 in April 2025 to 73 in October 2025, with 116 citations recorded in just the last 90 days. Enforcement attention on this code is clearly increasing. Fleets running hook-lift or roll-on/roll-off containers should treat container locking and securement checks as a pre-trip non-negotiable, not an afterthought.

Both. Under FMCSA's CSA methodology, a Vehicle Maintenance BASIC violation like 393.128 is attributed to the carrier's SMS profile — it affects the carrier's Vehicle Maintenance BASIC percentile ranking. However, the citation also attaches to the driver's PSP (Pre-Employment Screening Program) record and remains visible to future employers for 36 months. Among the carriers in our database with the most all-time citations under this code, HANSEN & ADKINS AUTO TRANSPORT INC (USDOT 568253) leads with 15 citations, followed by DELUXE AUTO CARRIERS INC (USDOT 1326050) with 10 — a reminder that repeated citations accumulate on both the carrier's safety rating and the individual driver's history.