396.3A1BA Brake Out of Adjustment: Q&A for Drivers

No. Across our 13 million inspection records, 396.3A1BA has never resulted in an out-of-service order—the OOS rate is 0.0%. All 40 citations on file were written without placing the vehicle out of service. This is significantly more lenient than the all-FMCSR average OOS rate of 31.4%, making it one of the safest citations to receive from an equipment standpoint.

1. Verify the finding. Review the inspection report—was the brake actually out of adjustment, or is this a documentation error?
2. Schedule repair immediately. Contact your carrier's maintenance team or a certified shop to inspect and adjust the bolt-type or DD-3 brake.
3. Document the fix. Get a work order and signed receipt from the shop.
4. Consider DataQs. If you believe the citation is inaccurate (e.g., brake was in spec), file a DataQs record dispute within 90 days of the inspection—FMCSA will review and remove the record if unfounded.
5. Report to your carrier. Notify your safety manager immediately so they can update your CSA profile.

It's relatively low-severity. Our data shows 396.3A1BA ranks #1695 of 3,036 FMCSR codes by citation volume—only 40 citations all-time. Compare that to similar codes: 393.47E (slack adjuster defective) has 180,363 citations, and 396.3(a)(1) (general inspection/repair/maintenance) has 236,919. The 0.0% OOS rate is also much safer than peer codes like 396.3(a)(1) at 45.3% OOS. This citation is uncommon and typically doesn't result in roadside enforcement action.

No. In the last 90 days, we recorded zero citations for 396.3A1BA. In the past 12 months, only 21 citations were issued nationally. Monthly volume is inconsistent—ranging from 1 to 5 citations per month—suggesting this is a rare finding. For context, the last citation in our database was in January 2026. The low enforcement volume means most fleets will never encounter this violation.

Texas leads by a significant margin. Over the last 180 days, Texas had 3 citations, followed by North Carolina and New Mexico with 1 citation each. All three states had a 0.0% OOS rate. Texas accounted for 60% of recent 396.3A1BA citations, but the overall volume is so low that geographic clustering should not be your primary concern—focus on vehicle maintenance consistency instead.

Yes. If you believe the inspection was inaccurate—for example, the brake was properly adjusted at the time of inspection—you can file a DataQs record dispute directly with FMCSA. You have 90 days from the inspection date. Submit documentation (repair records, photos, or shop certifications) proving the brake was in compliance. FMCSA will review and remove the record if the evidence supports your claim. DataQs disputes typically resolve within 30–60 days, and removal eliminates the citation from your carrier's safety record.

Freightliners dominate the citation list. Our all-time data shows 16 Freightliner citations for 396.3A1BA—40% of all citations. Mack, Hyster, and International trucks account for 2–5 citations each. The prevalence of Freightliners likely reflects their overall market share in commercial trucking, not a design defect. Brake maintenance across all makes is equally important, but the data suggests inspect-and-adjust protocols may need closer attention for Freightliner fleets.

G4S Secure Solutions USA Inc (USDOT 1130462) has 5 citations on record—the highest among all carriers. Above Cut Logging LLC (USDOT 4096889) is second with 2 citations. The remaining eight carriers in the top 10 have 1 citation each. Even the most-cited carrier has only 5 total violations in our 13 million-record database, underscoring how uncommon this violation is across the industry. If you work for G4S or a similar carrier, a preventive brake adjustment program could reduce future citations.