FMCSR 393.128B2 Q&A: Roll-On/Roll-Off Container Securement

Yes, there's a high likelihood. Across our inspection records, 393.128B2 citations resulted in out-of-service placement 78.9% of the time—far above the all-FMCSR average of 31.4%. Of the 19 all-time citations in our database, 15 were placed out of service. This means if you're cited, inspectors typically deem the violation safety-critical enough to sideline your vehicle until corrected.

This violation carries a CSA severity weight of 6 points. The actual impact to your BASICS depends on how many citations you accumulate in a 12-month window—FMCSA applies a multiplier based on frequency. A single citation contributes 6 points; repeat violations escalate faster. Check your FMCSA safety portal to see your current Vehicle Maintenance BASIC score and trend.

First: Do not move the vehicle if it's been placed out of service. Second: Photograph the container and securement system from multiple angles. Third: Contact your dispatcher and safety manager—they need to know about the OOS status and timeline. Fourth: Have a qualified mechanic or cargo specialist inspect and document the securement system repair. Fifth: Request re-inspection once repairs are complete. Sixth: Keep all repair receipts and inspection reports for your records and potential DataQs contests.

Yes, it's among the most serious in the Vehicle Maintenance category. Its 78.9% out-of-service rate far exceeds peer codes: 393.9 (Inoperable Required Lamp) sits at 6.9% OOS, and 393.11 (Lighting devices/reflectors) at 1.8%. Only 396.3(a)(1) (Inspection/repair/maintenance—general) approaches this severity at 45.3%. Inspectors treat unsecured roll-on/roll-off containers as immediate safety hazards, especially on highways.

Yes. DataQs allows you to contest roadside inspection records within 90 days of citation. For 393.128B2, your case depends on whether the inspector's documentation was accurate—photos, notes, container condition description. If the inspection report is vague, incomplete, or contradicted by your own evidence, contest it. Submit repair invoices, photos of the corrected securement, and any witness statements. FMCSA staff reviews your submission and may modify or remove the citation.

Our records show Texas accounted for 1 citation in the last 180 days with a 100% out-of-service rate. Nationally, 393.128B2 ranks #1962 of 3,036 FMCSR codes—it's uncommon but enforcement is concentrated and strict. With only 9 citations in the last 12 months across the entire country, citations tend to cluster around major freight corridors and ports where roll-on/roll-off containers are loaded and unloaded.

Extremely urgent. You cannot legally operate until the violation is corrected and your vehicle is re-inspected. Over the last 90 days, our database shows zero citations—but last 12 months averaged 9 citations annually with 100% correction rates due to OOS placement. Do not attempt to move the truck or load without re-inspection clearance. Unsecured cargo can cause accidents; repair costs are far lower than liability claims.

Both. The violation is recorded against your carrier's USDOT number and safety record, affecting their insurance rates and CSA scores. However, it also appears on your Motor Carrier Safety Management (MCSM) profile tied to your inspection. If you drive for multiple carriers, each citation is reported to the carrier you're driving for at the time. Your driving record and carrier record are separate but linked for enforcement purposes.