383.71 — Operating with falsified CDL application
49 CFR 383 • Driver Fitness BASIC • Severity 10/10
What this violation means
Driver lied on CDL application (e.g., didn't disclose prior CDL in another state, prior disqualification, citizenship). 10 SMS points, OOS, possible federal charges.
Why this gets cited
Driver attempting to evade prior suspension by 'forum-shopping' another state's DMV.
How to fix / prevent
All disclosures truthful. CDLIS (CDL Information System) catches most multi-state issues — but the violation hits anyway.
Out-of-service criteria
Yes — this violation IS out-of-service eligible. When an inspector finds 383.71 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
383.71 carries a severity weight of 10/10 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%).