FMCSR 393.65(c) Tire Violations: Citations & Out-of-Service Rules

Yes—this violation has a 71.0% out-of-service rate across our inspection records. That means roughly 7 out of 10 drivers cited for a flat or audibly leaking tire are placed OOS immediately at roadside. This is significantly higher than the all-FMCSR average OOS rate of 31.4%, making tire safety a critical enforcement priority. Even though 393.65(c) is marked as non-OOS-eligible in the regulation itself, inspectors place vehicles out of service in the majority of real-world citations because the condition creates an immediate safety risk.

A 393.65(c) citation carries a CSA severity weight of 8 points. This points value is multiplied based on the violation's recency and frequency within a 30-day rolling window. A single citation within the last 30 days counts as 8 points; multiple violations in that period stack. While 8 points is moderate in the scale of FMCSR violations, the 71.0% OOS rate means most drivers won't need to worry about point accumulation—they'll be stopped and required to repair before continuing.

Immediate actions:

1. Do not drive if placed out of service—your truck is unsafe.
2. Locate a tire service shop within your area immediately. Contact your carrier's roadside vendor if available.
3. Repair or replace the tire that is flat or leaking. Do not attempt temporary fixes if the tire cannot hold pressure.
4. Request re-inspection by the same inspector or a CVSA-certified inspector once repair is complete. Bring proof of repair (receipt, work order).
5. Document everything—photos, repair shop name, invoice, and inspector details—for your records and carrier.
6. Report to your fleet safety manager so they can flag the unit for maintenance review.

Yes, 393.65(c) is enforced with significantly higher severity than many similar vehicle maintenance violations. Our inspection data shows it has a 71.0% OOS rate, far exceeding the national average of 31.4%. By comparison, inoperable lamps (393.9(a)) are cited over 660,000 times but have only a 15.4% OOS rate. General maintenance violations (396.3(a)(1)) sit at 45.3% OOS. The high OOS rate for tire leaks reflects that FMCSA and inspectors treat tire failure as an acute hazard—not merely a documentation or minor defect issue.

Yes, you can challenge a citation through the DataQs (FMCSA's data quality and review) process. Tire violations are factual findings—either the tire is flat or audibly leaking, or it is not. Your DataQs challenge has the strongest chance of success if:

• You have photographic or video evidence the tire was not flat or leaking at the time of inspection.
• The inspector failed to follow proper inspection protocols.
• The citation was issued in error (wrong unit number, duplicated, etc.).

Submit your challenge with supporting documentation to your carrier's CSA account within the timeline set by FMCSA. Documentation-type defects (like missing records) are easier to overturn than equipment conditions.

Across our 13 million+ inspection records, 393.65(c) has resulted in 799 all-time citations, ranking it #778 out of 3,036 FMCSR codes by citation volume. Notably, there have been zero citations in the last 12 months and zero in the last 90 days in our dataset, suggesting this violation is either being caught earlier in maintenance workflows or is being enforced less frequently than in prior years. This low recent volume does not mean the violation is unimportant—it reflects either improved tire maintenance standards or a shift in inspection focus.

Fixing the tire is urgent—you cannot legally operate under 393.65(c). With a 71.0% OOS rate, most drivers will be stopped at roadside, making repair non-negotiable before departure. Even if you are cited but not placed OOS, you must repair before your next trip. A flat or audibly leaking tire creates immediate blow-out risk and braking system stress, especially under load. Do not attempt to "limp" the vehicle to a preferred shop—contact roadside assistance immediately and get it fixed where you are.

Across all-time citations, Jose Alfredo Delgado Hernandez (USDOT 1398440) leads with 6 citations, followed by Swift Transportation Co of Arizona LLC and Old Dominion Freight Line Inc, each with 4. Armind Group LLC, Cassens Transport Company, Estes Express Lines, and Sprint Carriers Inc each have 3 citations. While these numbers are small in the context of each carrier's fleet size, they highlight that tire maintenance failures occur across carrier types—from large national LTL carriers to smaller owner-operators and regional fleets. No single carrier dominates, suggesting the violation is spread across the industry.