FMCSR 396.5A-HNLOW: Oil/Grease Leak Citations & OOS Risk

Yes—most likely. Across 13 million inspections, our records show a 79.5% out-of-service rate for this violation. That's 2.5 times higher than the all-FMCSR average of 31.4%. Out of 526 all-time citations for oil or grease leaks, 418 resulted in an out-of-service placement. If you're cited in New Mexico or Illinois, the data shows a 100% OOS rate in the past 180 days. Expect your truck to be parked until the leak is fixed and re-inspected.

A single citation carries a severity weight of 3. This translates to 3 points added to your Safety Management Cycles (SMC) BASIC within 30 days of the violation. The points remain on your record for 24 months. While 3 points is moderate compared to some violations, the high out-of-service rate means this violation has serious operational cost: a truck sidelined for repair and inspection delay. Track your total points across your inspection history to monitor whether you're approaching intervention thresholds.

First: Do not drive—if you're out of service, stay put. Second: Contact your carrier or mechanic to schedule urgent repair. Third: Have a certified mechanic inspect the engine, transmission, and all fluid systems for leaks; our data shows brake defects (8 co-occurrences), tire issues (7 co-occurrences), and steering wear (7 co-occurrences) often appear in the same inspection. Fourth: Once repaired, request a re-inspection by FMCSA or a certified inspector. Fifth: Document the repair work and keep records. The faster you repair, the sooner you're back operational.

Yes, significantly. Our inspection data shows this code has a 79.5% out-of-service rate—far higher than related vehicle maintenance violations. For comparison, inoperable lamps (393.9) sit at 6.9% OOS, slack adjusters (393.47E) at 0%, and fuel system leaks (396.5B) appear in 11 shared inspections with higher enforcement volume. Oil and grease leaks pose immediate safety and environmental risk, which explains the aggressive enforcement. You're ranked #899 out of 3,036 FMCSR codes by citation volume, but the severity of placement is what matters—this violation demands immediate action.

Yes, DataQs is the formal FMCSA challenge process. You have 60 days from the inspection date to file. Oil leak violations are equipment findings—visual, objective observations made during inspection. If the inspector documented the leak incorrectly (wrong location, misidentified fluid, or documented an item already repaired), you have grounds to contest. Gather your maintenance records, photos, and repair invoices as evidence. Document any repairs done before the inspection. Equipment-based violations are contestable when the factual premise is wrong; however, if the leak was present and visible, contest success is unlikely. Consult your carrier's safety director on strategy.

Over the last 180 days, Texas leads with 104 citations, followed by New Mexico with 64 citations. Illinois, Kentucky, and North Carolina each had 2 citations. Texas accounts for the majority of enforcement, but New Mexico shows a 100% out-of-service rate versus Texas at 66.3%. If you operate in Texas or New Mexico, tighten your pre-trip fluid checks and address even minor leaks immediately. The concentration of citations in these states reflects active roadside enforcement and climate factors (heat accelerates fluid loss and makes leaks more visible).

Critical—within days, not weeks. In the last 90 days alone, we recorded 67 citations for this violation, with a 79.5% out-of-service rate all-time. January 2026 was the peak month with 39 citations and 31 out-of-service placements. The trend shows consistent high-volume enforcement. An oil or grease leak signals potential engine or transmission failure; it also creates liability if it contaminates roadways. The moment you're cited, your truck is nearly certainly parked. Repair and re-inspection are your only path back to revenue. Delays cost thousands daily—prioritize this above almost any other maintenance issue.

Freightliners dominate our citation records with 170 citations, followed by Utility (68), Kenworth (62), Peterbilt (55), and Volvo (53) over the all-time dataset. Older or higher-mileage units in these fleets are more likely to develop seals and gasket failures. If you operate one of these brands, establish a 500-mile pre-trip fluid level check, especially in hot climates. Leaks often begin small and go unnoticed—catching them before an inspector does saves an out-of-service citation and the downtime that follows.