What 393.76(h) means in plain language
If you've been cited for 393.76(h), an inspector found that your sleeper berth—the compartment where you rest during mandatory breaks—fails to meet federal equipment or dimension standards. This isn't about cleanliness or comfort; it's about whether the sleeping space itself meets the structural and equipment specifications the FMCSR requires.
Sleeper berths must be constructed and equipped to certain specifications to protect driver health and safety during rest periods. A defective sleeper berth citation means an inspector determined your berth falls short of those standards—whether that's structural integrity, required equipment, or the physical dimensions of the sleeping space.
What our enforcement data actually shows
This citation is exceptionally uncommon. Across our 13 million+ roadside inspection records, we have recorded only 3 all-time citations for 393.76(h). In the last 12 months, there were 0 citations. In the last 90 days, there were 0 citations.
None of the 3 all-time citations resulted in an out-of-service order—meaning inspectors documented the defect but allowed the vehicle to continue operating. This gives 393.76(h) a 0.0% out-of-service rate. For comparison, the all-FMCSR average out-of-service rate is 31.4%, so 393.76(h) ranks far below the enforcement threshold that typically triggers roadside removal.
393.76(h) ranks #2551 of 3,036 FMCSR codes by citation volume, making it one of the rarest violations in the national enforcement database.
Who gets cited most
Our inspection records show citations for 393.76(h) have been distributed across a small number of carriers. Nation Wide Delivery LLC (USDOT 2817889), American Expedited Inc (USDOT 3407274), and Robertson Trucks LLC (USDOT 3666726) each account for one citation in our all-time data. Because only 3 citations exist across the entire dataset, no clear state or regional pattern emerges.
The vehicle makes cited include Hino, Hyundai TR, Internatio, and Volvo—each representing a single citation.
How severe is this compared to similar codes
Within the Vehicle Maintenance category, 393.76(h) is substantially less frequent than related codes. For example:
- 393.9(a) — Inoperable required lamps has 660,737 citations with a 15.4% out-of-service rate.
- 396.3(a)(1) — Inspection/repair/maintenance (general) has 236,919 citations with a 45.3% out-of-service rate.
- 393.78 — Windshield condition defective has 157,894 citations with a 0.3% out-of-service rate.
The scale difference is stark: inoperable lamp violations occur more than 200,000 times more frequently than sleeper berth defects. The 0.0% out-of-service rate for 393.76(h) also stands in contrast to codes like 396.3(a)(1), where nearly half of citations result in immediate vehicle removal.
How to avoid it
Because sleeper berth defects are so rarely cited, they typically result from manufacturing issues, accident damage, or long-term deterioration rather than driver error. However, you can take these steps:
- Inspect your sleeper berth during pre-trip. Check that walls and ceiling are solid and intact. Look for cracks, separation of panels, or loose components that might indicate structural compromise.
- Verify mattress and bedding are secure. Loose or missing bedding can be noted by inspectors as a departure from equipment standards.
- Check that ventilation equipment (fans, windows) operates. Federal sleeper berth specs require functional ventilation; a broken vent or inoperable window may trigger a citation.
- Document any damage immediately. If you notice a crack, dent, or structural issue in your sleeper, report it to your fleet maintenance before your next roadside inspection. A documented repair order protects both you and your carrier.
- Know your truck's specs. Sleeper berth dimensions are regulated; if your vehicle is a non-standard or heavily modified sleeper, ensure modifications comply with FMCSR 393.76. Consult your fleet safety manager if you're uncertain.
Because citations are so rare, the most likely trigger is manufacturing defect, rust-through, or collision damage rather than normal wear. If you receive this citation, work with your carrier's maintenance team to identify and remedy the specific defect noted by the inspector.