FMCSR 393.82 – Rear Vision Mirrors Defective/Missing: Driver FAQ

No. Across all 2,486 citations of 393.82 in our inspection records, not a single driver was placed out of service — that's a 0.0% OOS rate. For comparison, the all-FMCSR average OOS rate sits at 31.4%, so this code carries essentially zero shutdown risk at the roadside. You will receive a citation and the defect will be noted on your inspection report, but you can continue your trip. That said, "zero OOS risk" is not the same as "no consequence" — the CSA points still accumulate and the underlying equipment defect still needs to be corrected.

A 393.82 citation carries a severity weight of 4 in FMCSA's CSA scoring system. That base weight gets multiplied depending on how recently the inspection occurred: violations in the last 6 months receive the highest time-weight multiplier, violations between 6–12 months are weighted lower, and anything older than 12 months has little to no impact. The citation also attaches to both the driver's PSP record and the carrier's Vehicle Maintenance BASIC score, so repeat citations stack quickly. Our records show 647 of these citations were issued in just the last 12 months, meaning inspectors are actively writing them.

Take these steps immediately:

1. Document the mirror condition — photograph both mirrors before any repair so you have a baseline if you contest the citation later.
2. Schedule repair before your next dispatch — the 0.0% OOS rate means you weren't parked, but the defect is still a recordable violation.
3. Check the systems around it — our inspection data shows that in the last 90 days, 393.82 citations shared inspections with inoperable lamps (393.9, 72 inspections), defective windshields (393.78, 63 inspections), and fuel system leaks (396.5B, 58 inspections). If inspectors find one of these, they look for the others. Address all of them.
4. Notify your fleet safety manager so the repair is logged in your maintenance file.

Relatively low severity on the OOS scale, but not trivial volume-wise. At a 0.0% OOS rate, 393.82 is far safer than peer codes in the same category — for instance, 396.3(a)(1) carries a 45.3% OOS rate across 236,919 citations, and 393.9(a) carries a 15.4% OOS rate across 660,737 citations. However, 393.82 ranks #489 out of 3,036 FMCSR codes by citation volume with 2,486 all-time citations, which means it's cited more frequently than roughly 83% of all FMCSR codes. Inspectors know what to look for. The risk isn't getting parked — it's CSA point accumulation eroding your safety score over time.

Yes, you can submit a DataQs Request for Data Review (RDR), but success depends on what you're challenging. Because 393.82 is an equipment condition violation — not a documentation or paperwork issue — a successful challenge typically requires proof that the mirrors met the standard at the time of inspection: a repair invoice dated before the inspection, photographs, or a credible witness statement. If the inspector made a factual error (wrong vehicle, wrong driver, wrong DOT number), DataQs is a strong path. If the mirrors were genuinely defective, the record is unlikely to be removed. Submit through the FMCSA DataQs portal and keep copies of all supporting documentation.

Texas is by far the leading enforcement state. In our inspection records over the last 180 days, Texas issued 293 citations for 393.82, with a 0.0% OOS rate. Iowa, Illinois, and North Carolina each recorded 2 citations in the same period, and New Mexico recorded 1. The concentration in Texas is striking — Texas alone accounts for the overwhelming majority of recent 393.82 activity. If your routes run through Texas, particularly along the southern border corridor, rear mirror compliance is something inspectors there are actively checking.

Repair it before your next trip, not your next maintenance interval. While the 0.0% OOS rate means you weren't forced off the road, our data shows 393.82 citation volume is trending upward — citations went from 25 in April 2025 to a high of 76 in February 2026, with 157 citations issued in just the last 90 days. That upward trend indicates increasing inspector attention to this defect. A second citation within 12 months of the first will compound your CSA severity score. Beyond scoring, defective rear vision mirrors are a genuine safety hazard — backing and lane-change incidents are the real-world cost of deferring this fix.

Both. Under FMCSA's CSA methodology, a 393.82 citation attaches to the carrier's Vehicle Maintenance BASIC because the vehicle is the carrier's responsibility — and it attaches to the driver's PSP (Pre-Employment Screening Program) record because the driver was operating the vehicle at the time. For carriers, repeat citations across a fleet accumulate toward intervention thresholds. For drivers, future employers can pull PSP and see every roadside inspection record. The top carriers in our database for this code — including JESUS MA VALDEZ GARCIA (USDOT 2534784) with 24 citations and GILBERTO CARRANZA-GOMEZ (USDOT 786840) with 15 — illustrate how quickly this adds up when mirror maintenance is neglected fleet-wide.