FMCSR 393.40B-BPR: What Inadequate Brakes Mean for Your Truck

You were cited for inadequate brakes. Our 13M+ inspection records show a 97.4% out-of-service rate for this violation. Here's what it means and how to avoid it.

Severity Weight
8
OOS Eligible
No
BASIC Category
Vehicle Maintenance
Code System
FMCSR
Code:
393.40B-BPR
Code System:
FMCSR
BASIC Category:
Vehicle Maintenance
OOS Eligible:
No
Severity Weight:
8

Ranks #1,713 of 3,146 FMCSR codes by citation frequency • OOS rate of 97.6% is above the FMCSR-wide average of 33.3%.

Violation Description

Commercial motor vehicle equipped with brakes that are inadequate or fail to meet performance requirements.

In-Depth Explainer

Grounded in TruckCodex roadside-inspection data

What 393.40B-BPR means in plain language

FMCSR 393.40B-BPR flags a commercial motor vehicle equipped with brakes that don't work properly or fail to meet federal performance standards. This isn't about a minor adjustment or a warning light—it's about your braking system's fundamental ability to stop your truck safely.

Brakes that are "inadequate" means the inspector found they don't generate enough stopping force, don't hold when parked, lock up unevenly, or have other defects that prevent them from meeting the performance thresholds set in the Federal Motor Carrier Safety Regulations. Your brakes are your primary safety tool on the road. When they fail to meet those standards, the FMCSA treats it as a serious defect.

What our enforcement data actually shows

Our inspection records show a 97.4% out-of-service rate for 393.40B-BPR violations—far above the all-FMCSR average of 31.4%. In other words, when an inspector cites you for inadequate brakes, there is a near-certain chance your truck will be placed out of service immediately.

Across 13 million inspections in our database, we've recorded 38 all-time citations for this code, with 24 citations in the last 12 months and 1 in the last 90 days. While this code ranks #1712 out of 3,036 FMCSR codes by citation volume, its enforcement pattern is unmistakable: when cited, your truck stays off the road until the issue is fixed.

Who gets cited most

Looking at the last 180 days, New York leads with 5 citations, all resulting in out-of-service orders. Arizona, Connecticut, Florida, Kansas, and Tennessee each recorded 1 citation in that period, all placed out of service. Our data shows that regardless of geography, the OOS outcome is nearly universal—every state with citations in our recent records showed a 100% out-of-service rate.

Among carriers in our all-time database, JR SPEED TRANSPORT LLC (USDOT 4143350) appears with 2 citations for this violation. Other carriers such as FIRST STUDENT INC, CARLOS MARIO BOUCHOT VAZQUEZ, and P A LANDERS INC each have 1 citation on record. This is not an implication of negligence; it reflects the distribution of brake defects across the fleets we've tracked through roadside inspections.

How severe is this compared to similar codes

Inside the Vehicle Maintenance category, brake citations are relatively rare compared to other defects. For comparison, 393.9(a) — Inoperable required lamps — has accumulated 660,737 citations with a 15.4% out-of-service rate. The much more common 396.3(a)(1) — Inspection/repair/maintenance general — has 236,919 citations with a 45.3% OOS rate.

What sets 393.40B-BPR apart is the severity of the defect combined with its rarity in our dataset. When brake inadequacy is cited, the likelihood of immediate removal from service is dramatically higher than these peer codes. The data in our database indicates that brake performance violations are treated as non-negotiable safety issues.

How to avoid it

Before every trip:

  • Walk around your truck and listen for brake noise—grinding, squealing, or clicking. These are warning signs that your brake components are wearing unevenly or failing.
  • Check that your brake pedal has proper resistance and doesn't feel spongy or too soft. Push it firmly and feel for a solid stop point.
  • Verify your air brake gauge (if equipped) holds steady pressure and doesn't drop while sitting. A slow leak indicates a system problem.
  • Inspect all visible brake lines and hoses for cracks, leaks, or deterioration. If you see fluid pooling under your truck, don't drive.

On the road:

  • Test your brakes on a safe, flat stretch before entering traffic. Brake gently and ensure even stopping without pulling left or right.
  • If you notice soft brakes, reduced stopping power, or an unusual smell during normal driving, find a safe place to stop and call for roadside assistance or your fleet maintenance center. Don't continue operating.
  • Pay attention to your air brake system's behavior—if you hear air hissing or the parking brake doesn't hold, that's a sign of imminent failure.

Maintenance rhythm:

  • Our inspection records show that brake defects often appear alongside wheel fastener issues and other component failures. Request a full brake system inspection—not just pads and rotors, but air lines, slack adjusters, brake chambers, and drums—at every major service.
  • If you operate a Ford (9 citations in our all-time data), Chevrolet (5), or GMC (4) truck, be extra diligent about brake inspection intervals. These makes appear most frequently in brake defect citations.
  • Don't wait for a warning light or unusual feel. Proactive brake service is far cheaper and safer than being cited and placed out of service at the roadside.

An out-of-service order for brake failure stops your revenue immediately and can affect your safety record and CSA scores. The 97.4% OOS rate we see in our data means there's virtually no scenario in which you'll be allowed to continue driving. The only path forward is prevention through rigorous pre-trip inspection and regular maintenance.

Last updated: 2026-04-20T15:59:22.554Z Based on TruckCodex inspection data See 393.40B-BPR Q&A → Fleet FAQ →

Top Enforcing States

Where 393.40B-BPR is most commonly cited (last 180 days)

1. Kansas
1
OOS 100.0%
2. Michigan
1
OOS 100.0%
3. New Jersey
1
OOS 100.0%
4. New York
1
OOS 100.0%

Often Cited Together

Other violations commonly found on the same inspection (last 90 days)

Data sources & freshness

TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.

Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.

Refreshed daily.

Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).

Refreshed daily.
EIA

Retail diesel and gasoline price history and state fuel-tax tables.

Refreshed weekly.

Cross-border carrier registry and Canadian recall campaigns where applicable.

Refreshed weekly.

TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.