FMCSR 393.75(h) Citations: What Drivers Need to Know

It depends on the specific defect and the inspector's judgment. Across our 13 million inspection records, citations for 393.75(h) resulted in an out-of-service placement 54.5% of the time (6 out of 11 all-time citations). This is significantly higher than the national average out-of-service rate of 31.4% across all FMCSR codes, so this violation carries above-average risk of immediate roadside removal. Whether you'll be placed OOS turns on the severity of the condition cited and the inspector's discretion.

Immediate steps:

1. Get a copy of the citation — request the exact language of what was cited and the condition noted.
2. Do not ignore it — given the 54.5% OOS rate on this code, the violation can escalate quickly if uncorrected.
3. Contact your carrier or fleet safety manager — they need to know immediately so repairs can be scheduled.
4. Have the defect inspected and documented — get a mechanic's report showing the repair or proof the citation was in error.
5. Gather any photos or maintenance records — these help if you decide to contest through DataQs.
6. Check your CSA record — log into SAFER or ask your carrier to verify the citation was recorded correctly.

393.75(h) ranks #2167 out of 3,036 FMCSR codes by citation volume—meaning it's rarely cited. However, when it is cited, the enforcement is strict: its 54.5% out-of-service rate is far above the national 31.4% average. By contrast, similar vehicle maintenance codes like inoperable lamps (393.9) have a 6.9% OOS rate, and windshield defects (393.78) carry only 0.3% OOS. Our inspection records show that 393.75(h) violations tend to involve more serious mechanical conditions that inspectors view as immediate safety risks.

Our database shows 11 total citations for 393.75(h) across all states since our records began. This violation is so infrequently cited that state-by-state breakdown is not meaningful. The carriers with the highest citation counts are Stone Logistics Inc (USDOT 3800305) and TJP Materials Inc (USDOT 4221778), each with 2 citations. If you've been cited, it indicates your vehicle was flagged for a condition your inspector deemed serious enough to warrant federal enforcement action.

Very urgent. With a 54.5% out-of-service rate, there is a real risk your truck will be placed out of service on a subsequent inspection if the defect is not corrected. Our records show zero citations in the last 90 days and zero in the last 12 months, which suggests either the issue is not common or drivers and carriers are addressing it quickly. Do not delay repairs—schedule the work immediately and obtain a completion certificate from your mechanic to show compliance if stopped again.

Yes. The FMCSA DataQs system allows drivers and carriers to contest citations and roadside inspection records. For 393.75(h), a mechanical or equipment violation, contestability depends on whether the cited defect actually exists. If your mechanic's inspection shows the vehicle component in compliance, or if the inspector made a factual error, you have grounds to submit a challenge. File through your carrier's FMCSA Safety Management System account with supporting documentation (photos, service records, repair invoices). DataQs reviews typically take 30–60 days.

Across our inspection records, Peterbilt trucks have been cited twice for 393.75(h)—the highest count among specific makes. Single citations were recorded on Dodge, Ford, Mack, and trailer equipment (US Trailer). One citation was unspecified as to make. The diversity of vehicle types cited suggests the violation is not tied to a particular brand or model, but rather to individual maintenance neglect or defect.

Both. FMCSA records violations at the carrier level and driver level depending on the nature of the violation. Vehicle maintenance citations like 393.75(h) are primarily carrier responsibility under FMCSA safety regulations—the carrier is liable for maintaining compliant equipment. However, the violation appears on the carrier's safety record and can affect their Compliance, Safety, and Accountability (CSA) BASIC scores, which in turn can impact your employment and the carrier's hiring practices. Ensure your carrier addresses it immediately.