399.207(b) Citations: What Drivers Need to Know

No. Across our 13 million inspection records, 399.207(b) has never resulted in an out-of-service order—the OOS rate is 0.0%. All 52 citations in our database were issued without placing the vehicle out of service. This code is not OOS-eligible under FMCSA rules. You can typically continue operating after citation, but you should address the violation through the proper channels to avoid future enforcement action.

This is one of the least-cited violations in the entire FMCSR catalog. Our data shows 399.207(b) ranks #1617 out of 3,036 FMCSR codes by citation volume, with only 52 all-time citations. The national average out-of-service rate across all FMCSR codes is 31.4%; by contrast, 399.207(b) has a 0.0% OOS rate, making it considerably less severe in enforcement outcomes than the typical violation you'll see on the road.

1. Document the citation: Get the full text, date, and inspector's name.
2. Review the specific finding: Understand exactly what the inspector cited.
3. Check your records: Gather any documentation, logs, or evidence related to the violation.
4. Report to your carrier/safety team: If employed, notify dispatch and safety immediately.
5. Plan corrective action: Determine what you need to fix or submit.
6. Consider DataQs: If you believe the citation is factually incorrect or unsupported, you can challenge it through FMCSA's DataQs system within 90 days of issuance.

No enforcement activity in the last 90 days or the last 12 months. Our inspection records show zero citations for 399.207(b) in recent periods. The 52 all-time citations in our database span a longer historical window, indicating this is an extremely rare citation in current roadside enforcement. The lack of recent citations suggests either operators are in compliance or inspectors are focusing enforcement efforts elsewhere.

Freightliner units account for 26 of the 52 citations (50%), followed by Volvo with 8 citations and Wabash National trailers with 7 citations. Great Dane and Hyundai trailers each had 6 citations. Across our inspection database, Freightliners dominate this violation category, though the overall citation count remains very low. This pattern likely reflects the prevalence of these makes in the carrier fleets that have received citations rather than a systemic defect in any single manufacturer.

Graham Hauling Inc (USDOT 891799) has the highest count at 2 citations. Nine other carriers each have 1 citation: Rolando Villanueva Navarro, Juana Guadalupe Lopez Barron, T Mac's SA de CV, Donald W Hankins, P&S Transportation LLC, Operadora de Transporte Internacional SA de CV, D M Trucking, A & B Timber Inc, and French Trucking Inc. No single carrier shows a pattern of repeated violations; the citations are widely distributed across small operators in our 13 million-record database.

Yes. If you believe the citation is factually incorrect—whether the inspector misidentified equipment, misread logs, or misapplied the regulation—you can submit a challenge through FMCSA's DataQs system. You have 90 days from the issuance date. Your evidence must directly contradict the finding (e.g., maintenance records, calibration certificates, or logbook pages). Successful challenges result in the citation being removed from your CSA record. Work with your carrier's safety or compliance team to gather documentation and file the request.

The specific point value is not disclosed by FMCSA, but any FMCSR citation contributes to your Safety Management Cycle record and can affect CSA ratings depending on the violation weight and your carrier's overall inspection history. Since 399.207(b) has a 0.0% OOS rate and is ranked #1617 in citation frequency, it is likely weighted as a lower-severity item. However, accumulation of citations—even minor ones—can trend your safety profile. Ask your carrier's safety team to review your full CSA record to understand the specific impact.