FMCSR 393.207(e) — Cracked/Broken Torsion Bar: Citations & OOS

Yes—there's a real chance. Across our inspection records, 38.5% of cracked or broken torsion bar violations resulted in an out-of-service order. That's 274 OOS placements out of 712 total citations in our database. However, 438 citations did not result in immediate OOS, so inspector discretion and the severity of the crack matter. If you're cited, ask the inspector whether the defect makes the vehicle unsafe to operate; that's the determining factor.

This violation sits in the middle of the severity spectrum. Our inspection records show an OOS rate of 38.5% for 393.207(e), compared to the national FMCSR average of 31.4%. That puts it above average for enforcement consequences. However, a similar suspension code, 396.3(a)(1) for general inspection/repair defects, carries a 45.3% OOS rate—much higher. Another peer code, 393.47E for slack adjuster defects, has a 0.0% OOS rate. The torsion bar defect is taken seriously but isn't the highest-consequence maintenance violation.

1. Document the defect: Take photos of the crack or break from multiple angles before repairs begin.
2. Get a repair estimate: Contact a certified shop and request written documentation of the repair.
3. Do not operate under OOS order: If the inspector placed the vehicle out of service, it cannot move until corrected and re-inspected.
4. Schedule re-inspection: After repair, notify the roadside inspection authority or your local CVSA partner for clearance.
5. Keep repair receipts: File them with your safety manager for compliance records and CSA tracking.
6. Report to your carrier: If you're a lease or employee driver, notify dispatch and safety immediately.

The CSA point value is not visible in roadside inspection data alone—it depends on your state and the FMCSA's Compliance, Safety, Accountability scoring model. However, because 38.5% of these citations result in OOS placement (compared to 31.4% average), this violation signals a serious defect that will likely carry material weight in your Safety Management Cycle. Contact your state motor carrier safety office or CSA provider for your specific point deduction. The citation will appear in your driving record and your carrier's Safety Management history.

This violation is rare. Across our 13 million+ inspection records, 393.207(e) ranks #810 out of 3,036 FMCSR codes by citation volume, with only 712 all-time citations. More telling: there have been zero citations in the last 12 months and zero in the last 90 days. This suggests torsion bar defects are infrequently caught, likely because many vehicles are inspected only during Level I/II inspections, and suspension components are not always checked in routine traffic stops. The rarity makes a citation more noticeable to safety auditors.

Yes, you can contest the citation through the DataQs Request for Data Reconsideration (RDR) process. Since this is a visible equipment defect (a cracked or broken torsion bar), contestability depends on whether the inspector correctly identified the defect. If you repair the torsion bar before the inspection, you can dispute on grounds of correction. If you dispute the factual finding, provide repair documentation or photos showing the component was not cracked at the time of citation. Submit your RDR within the FMCSA timeframe (typically within your state's appeal window). Consult your state's CVSA office or your carrier's compliance team for specific deadlines.

Across our inspection records, Freightliners lead by far with 103 citations for cracked or broken torsion bars, followed by Kenworths with 44 citations. Internationals account for 36 citations, Volvos for 31, and Peterbilts for 28. The dominance of Freightliners likely reflects their market share in trucking fleets. Evans Delivery Company Inc (USDOT 38111) has the most citations of any single carrier with 8 all-time violations. These patterns suggest torsion bar wear may be more pronounced in certain heavy-duty lineups or fleet maintenance practices.

A 393.207(e) citation is primarily a carrier/vehicle responsibility, not a driver violation. The defect is structural to the truck itself, not a result of driver behavior. However, in the FMCSA's Safety Management Cycle, both the driver's record and the carrier's record are affected. The citation will appear under the vehicle's history and your carrier's Roadside Safety Snapshot, impacting the company's CSA scores in the Maintenance BASIC. If you lease or own the truck, you bear the responsibility. If you drive for a carrier, the citation impacts both your employment file and the fleet's compliance metrics.