What 393.76E-SB means in plain language
When you get cited for 393.76E-SB, an inspector found that your sleeper berth does not meet FMCSR equipment and dimension requirements. This is a structural or functional issue with the sleeping compartment itself—not a minor wear item, but something that fails to comply with the specification that defines what a legal sleeper berth must be.
Common violations include inadequate interior dimensions, missing or defective ventilation, improper mounting, or structural damage that compromises the berth's integrity or safety. If you operate a tractor with a sleeper cab and the berth is damaged, undersized, or missing required features, you can be cited at roadside inspection.
Unlike some maintenance violations, this citation does not automatically place your vehicle out of service. That said, depending on the severity of the defect and your state's interpretation, you may be ordered to repair it before operating again, or you may receive a citation with a compliance deadline.
What our enforcement data actually shows
Across our 13 million+ inspection records, 393.76E-SB is a low-volume citation code. In the last 12 months, we recorded 43 citations nationally, and in the last 90 days, 12 citations. All-time, 58 citations have been issued for this violation.
The out-of-service rate for 393.76E-SB is 0.0%—none of the 58 all-time citations resulted in an out-of-service placement. This is significantly lower than the all-FMCSR average OOS rate of 31.4%, indicating that inspectors rarely deem sleeper berth defects severe enough to ground a vehicle immediately. The code ranks #1582 of 3,036 FMCSR codes by citation volume, placing it in the less-frequent violation category.
Monthly enforcement has been uneven. In 2026 February, we saw a spike to 7 citations, while other months have ranged from 1 to 5 citations. This variability suggests sleeper berth defects are not consistently targeted in systematic enforcement sweeps.
Who gets cited most
In the last 180 days, Pennsylvania leads with 6 citations, followed by Arizona with 4 citations, and both New York and Tennessee each with 3 citations. All three states maintained a 0.0% out-of-service rate—none of these citations resulted in a vehicle being sidelined.
Our inspection records do not show a concentration of citations among a single large carrier. The top carriers in our all-time database each have 1 citation: NAVAJO EXPRESS INC, CITY OF FUN CARNIVAL INC, FRANK'S SERVICE AND TRUCKING LLC, BOUCHE TRUCKING INC, SPRINGER TRANSPORT LLC, ARIZONA EXPRESS LLC, U S TRANSPORT INC, CONNEX TRANSPORT LLC, MB GLOBAL LOGISTICS INC, and BAY AND BAY TRANSFER CO INC. This distribution indicates that sleeper berth defects occur sporadically across the industry rather than clustering in specific fleets.
How severe is this compared to similar codes
Within the Vehicle Maintenance category, 393.76E-SB carries a CSA severity weight of 3, which is moderate. Comparing it to peer codes:
393.9(a) — Inoperable required lamps has accumulated 660,737 citations with a 15.4% OOS rate. Lamp defects are far more frequently cited, likely because they are easy to spot and often accompany other equipment violations.
396.3(a)(1) — Inspection/repair/maintenance general has 236,919 citations and a 45.3% OOS rate, making it both more common and more likely to result in out-of-service orders. Generalized maintenance failures are treated more severely.
393.78 — Windshield condition defective has 157,894 citations with only a 0.3% OOS rate, very similar to 393.76E-SB in that inspectors rarely place vehicles out of service for this defect alone.
How to avoid it
Based on the patterns in our inspection data, here are actionable steps:
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Walk around your sleeper berth before every trip. Check that the door opens and closes securely, all latches function, and there are no visible cracks, dents, or gaps in the structure. Test any ventilation louvers or windows to ensure they move freely and seal properly.
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Verify interior dimensions during pre-trip. If you share a truck or recently received a reassigned unit, confirm the sleeping compartment has adequate headroom and legroom. If you hit something or the berth feels cramped, report it immediately.
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Inspect the mounting bolts and frame. Sleeper berths are bolted to the tractor frame. Check that bolts are tight and there is no movement, creaking, or separation. A loose or shifted berth is an immediate compliance issue.
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Document repairs in your maintenance log. If you or a maintenance shop work on the sleeper berth—whether replacing a latch, repairing ventilation, or fixing a crack—get it in writing. Inspectors may ask for proof that defects have been corrected.
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Address related equipment at the same time. Our data shows that sleeper berth defects commonly occur alongside fire extinguisher violations and other sleeper berth equipment issues in the same inspection. When you repair the berth, verify your fire extinguisher is present, properly rated, and accessible.
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Watch for fatigue and duty status patterns. Co-occurring violations in our database include false records of duty status and operating while ill or fatigued. Sleeper berth defects can make rest periods less effective, so if your berth has issues, prioritize getting it fixed to ensure you can rest safely and legally.
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Report defects to your dispatcher or fleet maintenance immediately. Do not attempt a long haul with a defective sleeper. The longer you operate with a known defect, the higher the risk of citation at the next scale house or roadside inspection.