FMCSR 393.75(a) – Tires/General Defects: Driver Q&A

Yes — almost certainly. Across 26,907 all-time citations in our inspection records, 393.75(a) carries a 94.3% out-of-service rate, meaning 25,369 of those inspections ended with the vehicle parked on the spot. That is nearly three times the all-FMCSR average OOS rate of 31.4%. If an inspector finds a tire that fails minimum tread depth or shows a structural defect, plan on the truck not moving until the tire is replaced or repaired and the inspector clears it. Do not assume a borderline tire will pass — the data shows inspectors almost always pull the vehicle.

393.75(a) carries a severity weight of 6 on the FMCSA CSA scoring scale. That base score is then multiplied depending on how recently the violation occurred: citations within 6 months of a safety measurement calculation receive a 3× time-weight multiplier, citations between 6 and 12 months get 2×, and citations older than 12 months receive 1×. So a fresh 393.75(a) citation effectively contributes 18 weighted points to your Vehicle Maintenance BASIC during the most sensitive window. Because this code sits in BASIC 5 (Vehicle Maintenance), the points follow both the driver and the carrier — details on that are in the last question below.

Stop the vehicle and address the tire before moving the truck. Here is the priority checklist:

1. Do not drive on an OOS order. With a 94.3% OOS rate, there is a strong chance an order is already attached.
2. Document the tire condition with photos before anything is touched — you will need this for a DataQs challenge if the finding is disputable.
3. Replace or repair the defective tire using a qualified technician; get a signed repair receipt with the date and technician's name.
4. Notify your fleet or safety manager immediately so they can update maintenance records and flag the unit for a full pre-trip inspection before the next dispatch.
5. Retain all paperwork — inspection report, repair receipt, and any roadside photos.

Yes — it is one of the most severe vehicle maintenance violations by OOS rate. The all-FMCSR average OOS rate is 31.4%. At 94.3%, 393.75(a) far exceeds that benchmark. Compare it to peer codes in the same category: 393.9(a) (inoperable required lamps) has a 15.4% OOS rate across 660,737 citations, and 396.3(a)(1) (general inspection/repair/maintenance) sits at 45.3% across 236,919 citations. Neither comes close to 393.75(a)'s 94.3%. By citation volume it ranks #103 out of 3,036 FMCSR codes nationally, confirming inspectors treat defective tires as a near-automatic OOS condition — not a paperwork issue.

Yes, you can file a DataQs Request for Data Review (RDR), but the bar is high for an equipment-based finding. Unlike a documentation violation (such as a missing periodic inspection sticker), 393.75(a) is an observed physical defect — tire tread depth or structural condition at the time of inspection. To succeed, you generally need evidence that the inspector's measurement or assessment was factually incorrect: calibrated tread-depth gauge readings taken immediately after the inspection, photos showing the tire in question, or a shop report confirming the tire met standards. Generic objections without supporting documentation are rarely overturned. Start the RDR at the FMCSA DataQs portal within the standard review window.

The top three states in our inspection records for 393.75(a) citations are not broken out by state count in the current data snapshot. The overall enforcement picture comes from 26,907 all-time citations nationally, with carriers like J B HUNT TRANSPORT INC (177 citations), WESTERN EXPRESS INC (159 citations), and SWIFT TRANSPORTATION CO OF ARIZONA LLC (151 citations) accumulating the highest totals — suggesting heavy exposure on high-mileage, multi-state corridors. Freight hubs and high-inspection-volume states tend to generate the most tire citations; fleets operating dense interstate routes should treat every pre-trip tire check as a compliance event, not a formality.

You cannot wait. The 94.3% OOS rate on 393.75(a) means the truck is almost certainly already parked under an out-of-service order — driving it before the defect is corrected violates that order and carries separate, serious penalties. Beyond the immediate order, the last 12 months show 0 new citations in our database, but the all-time volume of 26,907 citations confirms this is a consistently enforced code with a long enforcement history. Inspectors do not treat tire defects as low-priority. Fix the tire, get a repair receipt, and have the OOS order lifted before the wheels turn.

Both. Under FMCSA's CSA system, Vehicle Maintenance BASIC violations — the category 393.75(a) belongs to — are attributed to the carrier based on the vehicle's USDOT number. Driver-based BASIC violations (like Hours of Service or Driver Fitness) follow the individual driver's license. For Vehicle Maintenance, the carrier bears the CSA weight. However, if a driver is found to have operated a vehicle they should have flagged on a pre-trip inspection, that pattern can surface in compliance reviews. The top cited carriers in our records — led by J B HUNT TRANSPORT INC with 177 citations — show that even large, well-resourced fleets accumulate meaningful exposure from this single code.