Direct answers on out-of-service risk, CSA points, and repair urgency for parking brake violations—backed by 1,422 real inspection citations.
Ranks #643 of 3,146 FMCSR codes by citation frequency • OOS rate of 64.8% is above the FMCSR-wide average of 33.3%.
No brakes as required - Explain:
Direct answers grounded in TruckCodex inspection data
Yes, there's a strong likelihood. Across our inspection records, 393.42 citations result in out-of-service placement 64.9% of the time—more than double the all-FMCSR average of 31.4%. Out of 1,422 all-time citations for this violation, 923 led to immediate OOS status. Your state and inspector discretion matter, but plan on being pulled out of service.
A 393.42 citation carries a severity weight of 6 points. In the CSA Points system, that weight is multiplied by 1 for each occurrence in the past 12 months, then tallied across your entire Vehicle Maintenance BASIC category. One citation = 6 points toward your carrier's CSA score; multiple citations compound quickly. Check your carrier's CSA report to see your current total.
First, inspect your parking brake system immediately—don't continue driving. Our data shows parking brake defects frequently co-occur with other brake system issues (393.43 relay emergency valves, 396.3A1BOS brake OOS violations) and maintenance documentation gaps (396.17C proof of inspection). Before re-inspection: verify all brake hardware, test hold capacity on an incline, and document any repairs. If your truck was placed OOS, you cannot operate it until a certified inspector signs off.
Yes, it's significantly more serious than most vehicle maintenance citations. The 64.9% OOS rate for 393.42 is far higher than peer codes like inoperable lamps (6.9% OOS), lighting defects (1.8% OOS), or slack adjuster problems (0.0% OOS). It sits between general brake inspection failures (45.3% OOS) and emergency brake issues. A defective parking brake is a safety hazard that FMCSA treats as an immediate roadworthiness failure.
Yes, you can file a DataQs (Safety Management System Challenge) dispute through FMCSA's portal within 30 days of the citation. Parking brake defects are equipment-based findings, so your dispute has the strongest chance if the inspector's documentation is incomplete, the brake system was actually compliant, or calibration/inspection method was flawed. Gather all maintenance records and photos before filing. Consult your carrier's safety department—they manage the DataQs account.
In the last 180 days, North Carolina leads with 17 citations (94.1% OOS rate), followed by Illinois with 11 citations (0.0% OOS rate), and New Mexico with 10 citations (80.0% OOS rate). Texas had 8 citations with a 75.0% OOS rate. NC and NM enforce this violation aggressively and nearly always pull trucks OOS. If you operate in those states, prioritize preventive brake inspections.
Very urgent. Our 12-month trend shows 393.42 citations have been steady and rising—peaking at 24 citations in September 2025 and 23 in October 2025, with 18 OOS placements each month. In the last 90 days alone, 26 citations were issued. If cited, your truck is likely already out of service; repairs must be completed and inspected before the truck can legally move. Downtime costs accelerate quickly.
Both. The violation appears on the vehicle's inspection history and your carrier's CSA Safety Management System record under Vehicle Maintenance (BASIC 5). As a driver, it reflects on your inspection history; as a carrier violation, it affects company compliance ratings and insurance. Your safety performance and your employer's fleet reputation are linked. If you drive for a carrier, they may review your inspection record as part of their hiring or retention decisions.
Where 393.42 is most commonly cited (last 180 days)
Other violations commonly found on the same inspection (last 90 days)
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.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
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.