FMCSR 393.95(k) — Citation Q&A for Drivers

No. Across our inspection records, 393.95(k) has never resulted in an out-of-service placement. Of 336 all-time citations for this code, 100% were non-OOS findings. This makes 393.95(k) significantly less severe than the national average—across all FMCSR codes, 31.4% of citations result in immediate out-of-service orders. You can continue operating while addressing the deficiency.

393.95(k) ranks #1053 out of 3,036 FMCSR codes by enforcement frequency. Among peer vehicle maintenance codes, it sees far fewer citations than inoperable lamps (660,737 citations, 15.4% OOS rate) or inspection/repair violations (236,919 citations, 45.3% OOS rate). The data shows this is a lower-volume citation with zero out-of-service outcomes, placing it in the less critical category of maintenance findings.

Immediate steps: (1) Document the inspection report and citation details; (2) Note the specific deficiency cited; (3) Contact your carrier's maintenance team or schedule repair immediately; (4) Keep records of corrective actions taken; (5) Request a re-inspection if the repair requires verification. Since this code has a 0% OOS rate, you have operational flexibility, but prompt compliance prevents escalation and demonstrates good-faith correction to FMCSA.

Our database of 13 million roadside inspections shows 393.95(k) cited only 336 times all-time, making state-level distribution analysis limited. The low total volume suggests this violation is enforced sporadically rather than as a systematic focus. Enforcement appears concentrated among a small set of carriers; FLETES EXPRESS DEL NORTE SA DE CV and NEXTGEN TRANSPORT INC each account for 2 citations, while most carriers appear once or twice.

You can file a DataQs (FMCSA Roadside Data Quality) challenge if you believe the citation is incorrect, the violation was corrected on-site, or the finding was miscoded. DataQs is a formal contestation system that allows drivers and carriers to dispute inspection records within a defined window. Review the inspection report carefully—document any repairs made during the stop or corrective evidence you have. Contact your carrier's safety or compliance team; they can file on your behalf through FMCSA's website.

Our inspection records show zero citations in the last 12 months and zero in the last 90 days, despite 336 all-time citations in the database. This pattern suggests either the condition is rarely encountered in roadside inspections or enforcement focus has shifted. The code remains enforceable and valid, but its minimal citation frequency indicates it is not a high-priority inspection target compared to high-volume codes like 393.9(a) (660,737 citations) or lamp-related violations.

FMCSA safety ratings are tied to both the driver and the carrier. The citation appears on your driver record and contributes to your carrier's safety profile and CSA scores. A single 393.95(k) citation is unlikely to trigger CSA threshold concerns on its own given the rarity of this code; however, it remains part of your compliance history. Your carrier's insurance and safety metrics are affected more directly, so communicate the citation to your carrier immediately for proper recording and remediation tracking.

Ford vehicles account for 76 citations for this code, Freightliner 46, and Dodge 38. These three makes represent the largest share of 393.95(k) findings across our inspection records. FORD trucks are cited significantly more than other makes, though this may reflect overall prevalence of Fords in the fleet rather than inherent defect rates. If you operate one of these vehicle types, ensure maintenance is current and documented.