What happens after a 393.71(b) fifth wheel defect citation? Direct answers on OOS risk, CSA points, repair timelines, and next steps based on 13M+ inspection records.
Ranks #2,811 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
Violation Description
Fifth wheel assembly on commercial motor vehicle is defective, has excessive wear, or is not properly secured.
Questions & Answers
Direct answers grounded in TruckCodex inspection data
Will 393.71(b) put my truck out of service?
No. Across our inspection records, the 393.71(b) citation has a 0.0% out-of-service rate—meaning no trucks cited for fifth wheel defects were pulled from service for this violation alone. That said, this code carries a CSA severity weight of 8, so the violation counts against your safety record. Inspect and correct the fifth wheel assembly defect promptly to avoid compounding violations.
How many CSA points do I get for 393.71(b)?
The CSA severity weight for 393.71(b) is 8 points. These points are multiplied based on the 30-day rolling window—the more violations in 30 days, the higher your total severity. A single fifth wheel defect citation won't trigger an out-of-service order, but accumulated points across multiple violations can trigger Safety Management intervention and increased scrutiny on future inspections.
What do I do immediately after getting cited for 393.71(b)?
Step 1: Do not operate the vehicle until the fifth wheel assembly is inspected and any defects, excessive wear, or loose securing hardware are corrected. Step 2: Obtain a corrective maintenance receipt or inspection report documenting the repair. Step 3: Request a re-inspection if your state allows it, or document compliance in writing. Step 4: Review the citation and consider DataQs if you believe the finding was inaccurate (damaged equipment findings are contestable if you have maintenance records showing the defect was not present).
Is 393.71(b) a serious violation compared to other truck maintenance codes?
Relative to peer maintenance codes, fifth wheel defects rank low in enforcement volume and OOS severity. The national average OOS rate across all FMCSR codes is 31.4%, but 393.71(b) sits at 0.0%. By comparison, inoperable required lamps (393.9a) generates 660,737 citations with a 15.4% OOS rate, and inspection/repair defects (396.3a) hit 236,919 citations with a 45.3% OOS rate. Fifth wheel defects are enforced rarely—only 1 citation appears in our database—but the underlying safety issue is critical.
Can I dispute a 393.71(b) citation through DataQs?
Yes, you may contest through the FMCSA's DataQs Request for Reconsideration (RDR) process if you have evidence the finding is inaccurate. Fifth wheel assembly conditions are equipment-based findings; if your maintenance records show the defect did not exist or was already repaired before inspection, submit those documents with your RDR within the filing window (typically 30 days from issuance). Legal or technical support from your fleet safety department can strengthen your challenge.
How common is 393.71(b) citation?
Fifth wheel defect citations are extremely rare. Our database of 13 million+ inspections shows only 1 all-time citation for 393.71(b), with 0 citations in the last 12 months. This ranks the code #2796 out of 3,036 FMCSR codes by enforcement volume. The rarity reflects either low defect prevalence or low inspection focus on fifth wheel assembly condition relative to other brake and lighting violations.
What should I prioritize—fixing 393.71(b) defects right away?
Yes. Fifth wheel assembly integrity is critical to safe towing and load stability; defects, excessive wear, or loose securing hardware create jackknife and cargo shift hazards. Although the OOS rate is 0.0%, the underlying defect poses safety risk and regulatory exposure. Correct the defect before your next inspection. Given that only 1 citation exists in our records and none in the past year, proactive fifth wheel maintenance is a strong differentiator in your safety posture.
Does a 393.71(b) violation follow me or my carrier?
Both. FMCSA records violations under both the driver's and the motor carrier's Safety Management profiles. A fifth wheel assembly defect is categorized as a vehicle maintenance issue, so the citation impacts the carrier's maintenance-related BASIC scoring more directly. However, the violation remains on the driver's record and factors into your overall safety rating, affecting insurability and future employment. Ensure your carrier documents the corrective action to support fleet-wide compliance.
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