FMCSR 393.67 Tires – Other Defects: Driver Q&A

It depends, but the odds are lower than average. Across all 2,479 citations in our inspection records, 477 vehicles were placed out of service—a 19.2% OOS rate. That means roughly 1 in 5 drivers cited under 393.67 got parked on the spot. For context, the all-FMCSR average OOS rate is 31.4%, so this code runs meaningfully below the national norm. That said, the inspector has discretion: exposed fabric, bulges, or cuts severe enough to pose an imminent blowout risk are the scenarios most likely to trigger an OOS order. Never assume a tire defect will be waved through.

393.67 carries a severity weight of 6 under the Vehicle Maintenance BASIC. Points are then multiplied based on how recently the violation occurred—inspections within the last 6 months carry the highest weight, and the multiplier steps down at the 6-month and 12-month marks. Because this violation lives in BASIC 5 (Vehicle Maintenance), it affects both the driver's individual record and the carrier's BASIC score. A severity weight of 6 is mid-range; compare that to brake violations, which often score 8, but it is still significant enough to move a carrier's percentile if violations stack up.

Get the tire repaired or replaced before moving the vehicle if an OOS order was issued; if no OOS, address it at your next safe stop before your next dispatch. Here's what the co-occurrence data tells you matters most right now:

1. Check all lighting — 393.9 (Inoperable Required Lamp) appeared in 91 shared inspections in the last 90 days. Walk all your lights.
2. Check your windshield — 393.78 appeared in 107 shared inspections. A cracked shield often gets written up alongside tire defects.
3. Pull your inspection and maintenance records — 396.3A1 showed up in 92 shared inspections. Confirm your paperwork is current.
4. Check your fire extinguisher — 393.95A appeared in 88 shared inspections.
5. Document the repair — get a signed repair order with date and mileage.

It's mid-level in terms of OOS risk, but not trivial. At 19.2% OOS rate, 393.67 sits below the all-FMCSR average of 31.4%, but it's an OOS-eligible violation—something peers like 396.17(c) (No Proof of Periodic Inspection, 0.0% OOS rate) and 393.78 (Windshield defective, 0.3% OOS rate) simply are not. By citation volume, 393.67 ranks #490 out of 3,036 FMCSR codes—putting it in the top 16% of all enforced codes nationally. With 1,308 citations in the last 12 months alone, inspectors are actively writing this one. Don't treat it as a minor paperwork issue—it's a physical equipment defect that can ground a vehicle.

Yes, you can submit a DataQs Request for Data Review (RDR), but success depends on the nature of the dispute. Because 393.67 is an equipment defect finding—not a documentation error—you'll need supporting evidence: repair records showing the tire was replaced before or immediately after the inspection, photos taken at the scene, or a signed mechanic's inspection report. Documentation-only disputes (like a missing form) are generally easier to win than equipment-condition disputes. Submit your RDR through the FMCSA DataQs portal, attach all evidence, and track the case number. If the state patrol agency disagrees, FMCSA reviews it. The violation stays on record during the review period.

Texas is by far the leading enforcement state. In the last 180 days, our inspection records show Texas issued 911 citations under 393.67—dwarfing every other state. Illinois came in second with 8 citations, followed by Iowa with 2. North Carolina and New Mexico each had 1 citation in that window. The Texas dominance here is striking and likely reflects both high CMV traffic volume at border crossings and active enforcement along major freight corridors. If you're running loads through Texas, tire condition should be part of your pre-trip every single time, not just when you suspect a problem.

No—treat this as urgent, not a next-service item. Enforcement volume has been accelerating: our database shows 608 citations in just the last 90 days, and monthly counts jumped from 61 in July 2025 to 288 in March 2026. The 19.2% OOS rate means inspectors are actively parking trucks for this defect. Beyond the compliance risk, a tire with exposed fabric, a bulge, or a deep cut is a blowout risk at highway speed. Waiting until a scheduled PM interval is the wrong call. Fix it now, document the repair, and keep that paperwork accessible in the cab.

It follows both the driver and the carrier. Under FMCSA's CSA system, Vehicle Maintenance BASIC violations are attributed to the carrier's safety record. However, drivers accumulate their own violation history that follows them from employer to employer—carriers can see your inspection history when evaluating you. The severity weight of 6 gets logged against the driver's record and factored into the carrier's BASIC percentile simultaneously. If you move to a new carrier, that citation travels with your driver history. This is why disputing inaccurate citations through DataQs matters—a clean record benefits both you and every future carrier you drive for.