FMCSR 393.87(a): Warning Flags on Projecting Loads — Driver Q&A

It's not OOS-eligible by rule, but inspectors have placed vehicles out of service under this code at a striking rate. Across 2,735 all-time citations in our inspection records, 1,440 vehicles were placed out of service — a 52.7% OOS rate. That's well above the all-FMCSR average of 31.4%. The code itself is not officially designated OOS-eligible, but the real-world data shows inspectors exercising discretion here more often than not. Don't assume a non-OOS-eligible code means you'll roll away clean — more than half the time, drivers cited under 393.87(a) didn't.

393.87(a) carries a CSA severity weight of 3. That's on the lower end of the severity scale, but the final point impact depends on when the inspection happened. FMCSA applies a time-weight multiplier: violations in the most recent 6 months carry a 3× multiplier, violations between 6 and 12 months old carry a 2× multiplier, and violations older than 12 months carry a 1× multiplier. So a fresh 393.87(a) citation effectively contributes 9 weighted points to your Vehicle Maintenance BASIC before any other scoring factors are applied.

Take care of the flag situation before the truck moves again. Here's a concrete action list:

1. Add the flags now. Any load projecting beyond the rear of the vehicle needs a flag — red, at least 12 inches square — visible from behind. Sides matter too if the load extends beyond the vehicle width.
2. Document it with photos before and after correction, timestamped.
3. Check your load securement at the same time — inspectors who write 393.87(a) are already looking closely at your load, and a second violation compounds CSA damage.
4. Report the correction to your fleet safety manager so the citation can be logged and, if warranted, challenged through DataQs.

Yes — its real-world OOS rate makes it more serious than most peer codes in the Vehicle Maintenance category. Our inspection records show a 52.7% OOS rate for 393.87(a), compared to 45.3% for 396.3(a)(1) (general inspection/maintenance), 15.4% for 393.9(a) (inoperable required lamps), and just 1.8% for 393.11 (lighting devices/reflectors). The all-FMCSR average OOS rate is 31.4%. By that measure, 393.87(a) sits nearly 21 percentage points above average. Citation volume is lower — it ranks #466 of 3,036 FMCSR codes — but when it's written, it hits hard.

Yes, you can file a DataQs Request for Data Review (RDR) to challenge this citation. Because 393.87(a) is an equipment-based violation — whether a physical flag was present or not — a successful challenge typically requires documentation: photos taken at or near the time of inspection showing compliant flagging, a bill of lading showing load dimensions, or a driver's written account that contradicts the inspector's finding. DataQs doesn't remove a valid violation, but if the citation was issued in error or the record contains factual mistakes, a review can result in correction or removal from your CSA data. File at the FMCSA DataQs portal within the standard review window.

Our inspection records show the highest citation concentrations among a carrier mix that spans lumber, forestry, and general freight haulers, but the top carriers cited reveal geographic patterns. The leading cited carriers include US LBM LOGISTICS LLC (8 citations), GOLDEN STATE LUMBER INC (5 citations) out of California, and M & R FORESTRY SERVICE INC (5 citations). The vehicle makes most frequently cited are Peterbilt (143 citations under the PTRB designation), Freightliner (138), and Ford (123), pointing toward both long-haul and vocational truck operations. Note: the STATISTICS block for this code does not include a state-level breakdown, so state-specific citation counts cannot be reported here.

Fix it before the next load, not after. The urgency case is built on two facts from our inspection records. First, the 52.7% all-time OOS rate means the next inspector who sees an unflagged projecting load has better-than-even odds of parking your truck. Second, 393.87(a) has recorded 0 citations in the last 90 days and 0 in the last 12 months in our database, suggesting enforcement activity has gone quiet recently — but that's no reason to ignore it. A flag costs almost nothing. An OOS event costs you a load, a layover, and CSA points that stay on your record for up to 3 years.

It follows both, but in different BASIC categories. Under FMCSA's CSA scoring methodology, an equipment violation like 393.87(a) is attributed to the carrier's Vehicle Maintenance BASIC. The driver also accumulates inspection history on their own record, which can affect their Driver Safety Measurement System (DSMS) profile and hiring decisions by future carriers. The carrier bears the heavier regulatory consequence — the Vehicle Maintenance BASIC score is used in FMCSA's intervention prioritization — but drivers are not invisible in the data. Every roadside inspection result is tied to both the USDOT number and the driver's CDL.