What happens when cited for defective sleeper berth equipment? Across 13M inspections, we answer OOS risk, CSA points, repair urgency, and your next steps.
Ranks #956 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.4% is below the FMCSR-wide average of 33.3%.
Sleeper berth on commercial motor vehicle does not meet the requirements for equipment and dimensions.
Direct answers grounded in TruckCodex inspection data
No. Across all-time inspection records, only 2 out of 466 citations for code 393.76 resulted in an out-of-service order—a 0.4% OOS rate. This is significantly lower than the 31.4% average OOS rate across all FMCSR codes. The citation creates a compliance issue on your record, but it will not strand you roadside.
This violation carries a severity weight of 3 points. Your total impact depends on your Safety Management Cycle (SMC) period, which FMCSA uses to calculate your Compliance, Safety, Accountability score. A single citation compounds with other violations on your record; the CSA system applies a multiplier based on violations within a rolling 30-month window. Work with your carrier's safety team to understand your current profile.
Take these immediate steps: (1) Document the citation and defect details. (2) Photograph the sleeper berth condition. (3) Contact your carrier's maintenance department with photos and the citation number. (4) Do not operate the sleeper berth until repairs are complete. (5) Request written confirmation of repair from maintenance. Our data shows that when 393.76 appears, it often co-occurs with lighting defects (393.9, 7 shared inspections in the last 90 days) and windshield issues (393.78, 4 shared inspections), so have those systems inspected too.
Relative to similar equipment defects, 393.76 is low-risk for roadside removal. Its 0.4% OOS rate compares favorably to peer codes like windshield defects (393.78, 0.3% OOS) and lighting violations (393.9, 6.9% OOS), but is much lower than general maintenance failures (396.3(a)(1), 45.3% OOS). The code targets a specific component rather than systemic neglect, which explains why inspectors rarely place trucks out of service.
Yes, you can file a DataQs (FMCSA's online Record Dispute Resolution system) request if you believe the citation is inaccurate or unsupported by roadside evidence. For sleeper berth equipment defects, you'll need documentation—photos showing the berth meets regulatory dimensions, maintenance records, or manufacturer specs proving compliance. Equipment citations are documentable but require clear evidence; have your records ready before filing.
Enforcement is concentrated in a few states. Texas leads with 39 citations over the last 180 days, followed by Illinois with 4 citations. Iowa and New Mexico each had 1 citation. Texas accounts for the vast majority of 393.76 activity in our database, reflecting higher sleeper berth inspection intensity there. If you operate in Texas, prioritize sleeper berth compliance during pre-trip inspections.
Medium urgency. While only 0.4% of citations result in an out-of-service order, delaying repair increases your risk of a second citation and compounds your CSA score. Over the last 90 days, we recorded 19 citations—averaging 6 per month—showing steady enforcement activity. Aim to schedule repairs within 7–10 days. Our data also shows that 393.76 frequently appears alongside false record-of-duty-status violations (395.8E, 4 co-occurrences in 90 days), so verify your logbook compliance while the berth is being serviced.
Both. The citation appears on your carrier's safety record as a vehicle maintenance violation, affecting your company's BASIC score under the Vehicle Maintenance category. It also may appear on your personal MVR (Motor Vehicle Record) if reported to your state DMV, depending on state law and carrier policy. Your carrier is responsible for corrective action and compliance documentation. Communicate the repair completion to your carrier's compliance team and request written confirmation for your file.
Where 393.76 is most commonly cited (last 180 days)
Other violations commonly found on the same inspection (last 90 days)
TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.
Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.