FMCSR 399.207: Vehicle Access Requirements — Q&A

No. Across our 13 million+ inspection records, 399.207 has a 0.0% out-of-service rate—all 516 all-time citations resulted in non-OOS findings. This is significantly lower than the 31.4% national average OOS rate across all FMCSR codes. Even in the last 90 days, 4 citations were issued, and none triggered an out-of-service order. You will be cited, but your truck stays on the road.

399.207 is one of the least-cited maintenance codes. Our records show it ranks #903 out of 3,036 FMCSR codes by citation volume. For context, peer codes in the same category see far higher enforcement: lamp violations (393.9) have 660,737 citations with a 15.4% OOS rate, while inspection/repair violations (396.3) have 236,919 citations with a 45.3% OOS rate. The rarity of 399.207 citations suggests it is narrowly applied or rarely observed during roadside inspections.

First, review the specific vehicle access issue documented on the citation. Our data shows that 399.207 often co-occurs with other maintenance defects: in the last 90 days, 3 inspections also cited windshield condition issues (393.78), and 2 each cited missing inspection records (396.17C) or fatigue violations (392.2). Check your vehicle thoroughly for related problems. Request a copy of the inspector's notes, photograph the vehicle access point in question, and document any remedial action taken. If the finding was documentation-related rather than a physical defect, you may have grounds to contest through the DataQs process.

Contestability depends on the nature of the finding. If the citation documents a subjective determination (e.g., inspector judgment that access was inadequate) or if records are missing or miscategorized, DataQs (the FMCSA's data quality and remedy system) may be the right path. If the finding involves a measurable, objective defect, contestation is harder but possible if the inspector's measurement or documentation was incorrect. File a DataQs report through the FMCSA portal with photos, repair receipts, and your written account. There is no time limit, but earlier filing strengthens your case.

Over the last 180 days, our inspection records show Illinois led with 4 citations, followed by North Carolina and New Mexico with 1 citation each. All three states issued only non-OOS citations (0.0% OOS rate in each). The very low citation volume across all states suggests 399.207 is infrequently enforced or that vehicle access requirements are rarely the primary focus of roadside safety inspections.

Citation frequency is declining. In the last 12 months, our records show only 15 citations nationwide, averaging roughly 1–3 per month. The most recent activity shows 1–2 citations monthly from April 2025 through March 2026, with a slight uptick in May 2025 (3 citations). Compare this to the all-time total of 516 citations, and the trend is clear: 399.207 enforcement is very sparse and stable at a low level. This suggests the violation is either difficult to observe or is being deprioritized by inspectors.

Freightliners dominate the citation data. Our records show FRHT (Freightliner) vehicles account for 81 all-time citations, followed by Volvo with 31, Peterbilt with 22, Kenworth with 20, and Utility with 18. Freightliners represent roughly 16% of all 399.207 citations in our database. This pattern may reflect market share, typical routes, or inspection bias, but the data clearly indicates 399.207 is observed most often on heavy-duty Freightliner units.

Evans Delivery Company Inc (USDOT 38111) leads with 6 all-time citations for 399.207. Universal Intermodal Services Inc (USDOT 1162977) follows with 4 citations. Five carriers each have 3 citations: Xavier Raphael Murph, Little Sparrow Inc, Drayton Transportation LLC, Speedy Shipment Inc, and Ideal Logistics Group Inc. No single carrier dominates the violation, and all-time totals remain small, indicating 399.207 is not a systemic compliance issue for any fleet in our database.