What 396.15B-D means in plain language
FMCSR 396.15B-D requires that before you operate a vehicle being transported via drive-away or tow-away service, you must perform a pre-trip inspection of the towed equipment. This isn't the standard vehicle pre-trip you do for your own truck—it's specifically about inspecting vehicles or equipment that are being hauled as cargo on another vehicle.
In practical terms: if you're operating a tow truck or a vehicle in a drive-away transport operation, you need to walk around and check the equipment being transported before departure. This includes checking lights, connections, brakes, structural condition, and anything else that could affect safe transport. The regulation exists because towed vehicles can create hazards if their systems fail during transit.
This citation means an inspector observed that you either did not perform this inspection or could not document that you had done it before the operation began.
What our enforcement data actually shows
Across our 13 million+ inspection records, 396.15B-D is rarely cited. Our database shows only 14 all-time citations for this violation, with zero citations in the last 12 months and zero in the last 90 days. This places the code at #2083 out of 3,036 FMCSR codes by enforcement volume—making it one of the least commonly cited maintenance violations.
None of the 14 citations resulted in an out-of-service order, giving this code a 0.0% OOS rate. By contrast, the all-FMCSR average OOS rate is 31.4%, so violations of this code are being treated as documentary or minor compliance issues rather than safety-critical failures.
The infrequency of citations suggests that either this operation type is uncommon in the traffic being inspected, or compliance is generally high in the carrier community that performs drive-away and tow-away operations.
Who gets cited most
Our data shows no state-level concentration—the 14 all-time citations are distributed across multiple carriers, each with only one citation on record. The carriers cited include SWIFT TRANSPORTATION CO OF ARIZONA LLC (USDOT 54283), GREEN MOUNTIAN MOBILE HOME TRANS (USDOT 993683), BOULEVARD GARAGE INC (USDOT 1184499), and seven others. No single fleet dominates the violation pattern, and no OOS rate variation exists across carriers since none were placed out of service.
Vehicle makes in the citations include Freightliner (2 citations), FRHT (2), HINO (2), and single citations across Kenworth, Peterbilt, and other makes—again, no concentration that would point to systemic issues in any one manufacturer.
How severe is this compared to similar codes
In the Vehicle Maintenance category, 396.15B-D sits well below high-enforcement codes. For example, 393.9(a) (inoperable required lamps) has generated 660,737 citations with a 15.4% OOS rate. The general inspection/repair/maintenance code 396.3(a)(1) shows 236,919 citations with a 45.3% OOS rate—much higher enforcement and severity.
Two codes share the 0.0% OOS rate with 396.15B-D: 396.17C-PI (no proof of periodic inspection) with 212,081 citations, and 396.17(c) (no proof of periodic inspection) with 198,331 citations. These are comparable in that they represent documentary compliance failures rather than safety defects. However, those codes are cited far more frequently, underscoring how rare 396.15B-D violations are in the national enforcement landscape.
How to avoid it
If you operate a tow-away or drive-away service, document and perform your pre-trip inspection before every operation:
- Walk the entire towed vehicle or equipment before connecting it and leaving the lot. Look for visible damage, missing parts, or anything that doesn't look safe to transport.
- Check all lights and connections on the towed unit—front and rear lights, turn signals, brake lights, and any trailer or tow connections. These are the most common failure points during transport.
- Test brake systems and verify they hold if you have access to do so, or note in your inspection that you've verified brakes are engaged and functioning.
- Photograph or write down your inspection on your pre-trip form or logbook. If you're ever cited, documentation that you performed the inspection is your defense. Inspectors cannot issue this violation if you can show you did the work.
- Pay special attention if you're operating Freightliner, HINO, or Kenworth equipment, since those makes appear in our data for this violation—though the low volume suggests this is not a systemic issue with any one manufacturer.
- Know your company's pre-trip checklist for towed equipment and follow it every single time. There is no exception for "just running down the road short distance."
Because this citation does not result in out-of-service placement and enforcement is extremely rare, your focus should be on the operational discipline of completing the inspection and keeping evidence. The citation itself is unlikely to trigger significant regulatory action, but repeated violations or failure to document could eventually escalate to safety audit findings.