FMCSR 396.19: Annual Inspection Not by Qualified Inspector

No. Our inspection records show that 396.19 citations have never resulted in an out-of-service order. Across all-time data in our database, the OOS rate for this violation is 0.0%, meaning trucks cited for annual inspections not performed by a qualified inspector remain in-service.

However, this doesn't mean the violation itself is minor—it reflects how inspectors handle documentation issues differently than equipment defects. You'll still need to address the underlying compliance gap.

This violation carries a CSA severity weight of 4. The actual points you receive depend on whether this is your first violation in 30 days or a repeat within that window. CSA multiplies severity by a time-based factor: a weight-4 violation cited once in 30 days = 4 points; if cited again within 30 days, the second instance counts double.

Check your SAFER profile regularly to track your total BASIC 5 (Vehicle Maintenance) score and see how this citation compounds with other maintenance violations.

Take these steps immediately:

1. Verify the citation details — confirm the inspection date and who performed it
2. Locate your inspection records — gather documentation proving a qualified inspector did perform the annual inspection, or get one completed immediately
3. Request clarification from the inspector — if you have proof of qualified inspector work, ask the inspector to correct the citation
4. File a DataQs RDR (Roadside Inspection Data Quality Dispute) if records show the inspection was done by a qualified person
5. Report to your carrier/safety manager — they need to know for CSA tracking

This is a documentation fix, not an equipment emergency.

In the Vehicle Maintenance category, 396.19 is significantly less severe than other cited violations. Across our 13M+ inspections, peer codes show:

• 396.3(a)(1) (Inspection/repair/maintenance): 236,919 citations, 45.3% OOS rate
• 393.9(a) (Inoperable required lamps): 660,737 citations, 15.4% OOS rate
• 396.17(c) (No proof of periodic inspection): 198,331 citations, 0.0% OOS rate

396.19 has never triggered an out-of-service order in our records, putting it among the lowest-enforcement violations in its category. The focus here is paperwork compliance, not roadworthiness.

Yes. If you believe the citation is inaccurate, you can file a Roadside Inspection Data Quality (DataQs) dispute to challenge it in the FMCSA database.

For 396.19 specifically, you have a strong case if:

• You can produce proof that a qualified inspector did perform the annual inspection
• The inspection was documented but the inspector made an error on the report
• The qualified inspector credential is verifiable through your records

DataQs disputes are reviewed by FMCSA within 30–45 days. Documentation is key—gather your inspection records and the inspector's credentials before filing.

Our inspection database contains zero citations for 396.19 across all states and time periods. This is an exceptionally rare violation—in fact, it ranks as one of the least-cited codes across all 13 million roadside inspections on record.

This does not mean it's unimportant. It may reflect strong industry compliance with annual inspection requirements, or that inspectors typically cite the related code 396.17 (no proof of periodic inspection) instead, which has 198,331 citations in our database.

Medium urgency. Because our records show zero out-of-service placements for 396.19, there's no immediate threat to truck operation. However, the violation still hits your BASIC 5 score with a severity weight of 4.

The 90-day enforcement trend is also zero—this code is cited so infrequently that it's not a pattern you need to monitor like high-volume violations (393.9 with 660K+ citations). But do resolve it quickly by obtaining proof of a qualified inspector or scheduling a compliant inspection, then file a DataQs dispute if warranted.

Both. FMCSA assigns violations to drivers and carriers separately in CSA scoring. A 396.19 on your record affects your individual driver BASIC 5 score, and the same violation also impacts your carrier's BASIC 5 score.

This is standard for Vehicle Maintenance violations—safety inspections are a shared responsibility. Your carrier's safety manager will see this in their SAFER profile, so notify them immediately. If you dispute it successfully through DataQs, both records improve.