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FMCSA Violation Code

383.23A2 — Operating CMV without CDL

49 CFR 383 • Driver Fitness BASIC • Severity 8/10

Out-of-service eligible Driver citation CSA weight 8
OUT-OF-SERVICE eligible
Code
383.23A2
CFR section
49 CFR 383
BASIC
Driver Fitness
Severity
8/10
Out-of-Service
Yes
Unit type
Driver

What this violation means

Driving a CMV without a valid CDL when one is required. 8 SMS points, OOS, and it's a federal crime under some state codes. Required for vehicles 26,001+ lb GVWR, vehicles carrying 16+ passengers, and HazMat vehicles.

How often this is cited (last 24 months)

In the last 24 months, 383.23A2 was cited 21,938 times at roadside inspections against 15,110 carriers, and 98.5% of those citations were out-of-service violations. It ranks #14 among the violation codes in our records by citation count. Most recent citation on record: Oct 13, 2026.

Why this gets cited

Driver let CDL lapse without renewing. CDL suspended for medical, drug-test failure, or unrelated traffic offense (DUI). Owner-operator who never had a CDL operating Class 8.

How to fix / prevent

PSP and MVR check at hire and annually thereafter. Many fleets re-check MVR quarterly to catch interim suspensions. Federal CDL Drug & Alcohol Clearinghouse query at hire and annually.

Out-of-service criteria

Yes — this violation IS out-of-service eligible. When an inspector finds 383.23A2 during a Level 1, 2, or 3 inspection, they can place the Driver OOS using the North American Standard Out-of-Service Criteria. OOS means the truck cannot move from the inspection site until the defect is corrected (vehicle OOS) or the driver is replaced (driver OOS). For carriers, every OOS violation adds time-weighted points to your CSA Driver Fitness BASIC — and it shows in the public SMS data within 30 days. For drivers, an OOS event stays on PSP for 3 years.

CSA / SMS impact

383.23A2 carries a severity weight of 8/10 in FMCSA's Safety Measurement System (SMS). Higher weights mean faster CSA percentile movement. Combined with a time-weighting factor (3× for citations within the last 6 months, decaying over 24 months), this violation can move your Driver Fitness BASIC percentile significantly if it stacks with similar citations across your fleet. The threshold for FMCSA intervention is the 65th percentile for most BASICs (50th for Hazmat and Passenger Carrier). Once you cross that, FMCSA can send a Warning Letter, Off-Site Investigation, or full Compliance Review.

How to read this: a single citation rarely puts you over threshold — it's the pattern. Track your inspection rate per power unit and aim for OOS rate under 5% (industry average is 21%).

Carriers recently cited (last 24 months)

Carriers most-recently cited for 383.23A2 in FMCSA inspection records (rolling 24-month window).

  • GONCO LOGISTICS LLC
    DOT #3057362 • last cited 2026-06-01
    68×
  • CROSS INTEGRATED TRANSPORT LLC
    DOT #2195271 • last cited 2026-07-25
    33×
  • CRYSTAL TRUCKING INC
    DOT #1165156 • last cited 2025-04-06
    29×
  • VALLEY WIDE CONCRETE LLC
    DOT #4091795 • last cited 2026-05-04
    22×
  • MLS CAPITAL INC
    DOT #3648044 • last cited 2026-02-13
    21×
  • E & I CARRIERS LLC
    DOT #4044447 • last cited 2026-06-30
    19×
  • JBL XPRESS TRANSPORT LLC
    DOT #4366535 • last cited 2026-03-28
    19×
  • DIVINE ROADWAYS LLC
    DOT #4344897 • last cited 2026-03-21
    19×
  • LIBERTY HAULING LLC
    DOT #3900994 • last cited 2026-01-15
    18×
  • MYNOR RENATO HERRERA ALEGRIA
    DOT #3920636 • last cited 2026-07-17
    16×
Other violations in Driver Fitness
383.51OOS
Driving while CDL disqualified
383.71OOS
Operating with falsified CDL application
391.11B2OOS
Driver does not have proper CDL class for vehicle
383.93OOS
CDL lacks required endorsement
391.41AOOS
Driver lacking required medical certificate
391.41B1OOS
Driver does not meet physical qualifications
391.45AOOS
Operating without a medical exam (no Med Card on file)
391.45BOOS
Operating after Med Card expiration

Related

Frequently Asked Questions

Can I be placed out of service for 383.23A2?
Yes. 383.23A2 is on the North American Standard Out-of-Service Criteria list. An inspector who finds this during a Level 1, 2, or 3 inspection can place the Driver OOS at the inspection site. The truck cannot move until the defect is corrected. For vehicle-side OOS, that usually means a mobile mechanic or tow to the nearest shop. For driver-side OOS (HOS, CDL, drug/alcohol), it means the driver is removed from service and a qualified replacement must arrive before the truck can continue. Pro tip: do a thorough pre-trip every shift and address any issue listed in 49 CFR 383 before pulling onto the road — that's the only reliable way to avoid this one.
How long does 383.23A2 affect my CSA score?
383.23A2 stays in your CSA Driver Fitness BASIC for <strong>24 months</strong> from the inspection date. The impact is time-weighted: 3× points during months 0-6, 2× during months 7-12, 1× during months 13-24, then it drops off. Severity weight is 8/10, so each citation contributes 24 points in the first 6 months and decays from there. On the driver's PSP report, the same citation stays visible for <strong>36 months</strong> — and a 5-year history of driver violations is available to motor carriers performing a hire review. If the citation is later dismissed in court (DataQs challenge succeeds, or the underlying ticket is dropped), the SMS record can be removed via FMCSA's DataQs portal — but you have to actively file the challenge.
What's the difference between 383.23A2 and similar codes?
383.23A2 is in the 8-code group sharing the same BASIC. The closest siblings are: <strong>383.51</strong> (Driving while CDL disqualified); <strong>383.71</strong> (Operating with falsified CDL application); <strong>391.11B2</strong> (Driver does not have proper CDL class for vehicle). Inspectors often cite multiple sibling codes from the same inspection — for example, a tire condition violation can simultaneously trigger codes for tread depth, sidewall, and inflation pressure. When you get cited under one sibling, check the report for the others before signing — they all count separately against CSA scoring.
How often is 383.23A2 cited?
In the last 24 months, 383.23A2 was cited 21,938 times at roadside inspections against 15,110 carriers, and 98.5% of those citations were out-of-service violations. It ranks #14 among the violation codes in our records by citation count. Most recent citation on record: Oct 13, 2026.

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