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FMCSA Violation Code

391.11B5 — Driver doesn't have medical certificate in possession

49 CFR 391 • Driver Fitness BASIC • Severity 1/10

Driver citation CSA weight 1
Low severity
Code
391.11B5
CFR section
49 CFR 391
BASIC
Driver Fitness
Severity
1/10
Out-of-Service
No
Unit type
Driver

What this violation means

Driver has a current Med Card but isn't physically carrying it. 1 SMS point. Common nuisance citation — driver left the card at home or in a different truck. Not OOS as long as the carrier can fax/email proof within 'a reasonable time.'

Why this gets cited

Driver switched trucks and left the wallet in the old cab. Wallet stolen and Med Card not yet replaced. Owner-operator with paperless practice not carrying the physical card.

How to fix / prevent

Keep a paper copy in the truck (don't rely on digital alone — many state troopers want to handle the physical card). Photo on phone is acceptable in most states as a backup.

Out-of-service criteria

No — this violation is not typically out-of-service eligible. The inspector will note 391.11B5 on the inspection report (form MCS-63), but the truck/driver can usually continue after the inspection ends. It still counts against the carrier in CSA scoring (severity 1/10 weight, time-weighted over 24 months) and shows on the driver's PSP record. A pattern of these non-OOS violations across multiple inspections is what triggers FMCSA intervention — a single citation rarely does.

CSA / SMS impact

391.11B5 carries a severity weight of 1/10 in FMCSA's Safety Measurement System (SMS). Higher weights mean faster CSA percentile movement. Combined with a time-weighting factor (1× 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 391.11B5 in FMCSA inspection records (rolling 24-month window).

  • SANTIAGO LANDASCAPING & CONSTRUCTION CORP
    DOT #4097715 • last cited 2024-09-24
    1×
  • MAC MASONRY & CONSTRUCTION CORP
    DOT #3548464 • last cited 2024-09-17
    1×
  • DSB BUILDING DEVELOPMENT LLC
    DOT #4297438 • last cited 2024-09-17
    1×
  • DEANGELO CONTRACTING SERVICES LLC
    DOT #3425764 • last cited 2024-09-13
    1×
  • STEVEN DUBNER LANDSCAPING INC
    DOT #399644 • last cited 2024-09-13
    1×
  • ELITE III ASPHALT SERVICES LLC
    DOT #2916721 • last cited 2024-09-13
    1×
  • THE BOYS TRUCKING LLC
    DOT #3729099 • last cited 2024-09-11
    1×
  • THE ARBORIST INC
    DOT #1392947 • last cited 2024-09-11
    1×
  • KEYSTONE CLEARWATER SOLUTIONS LLC
    DOT #2295923 • last cited 2024-09-11
    1×
  • SYRACUSE LIGHTSCAPES INC
    DOT #2392097 • last cited 2024-09-06
    1×
Other violations in Driver Fitness
383.51OOS
Driving while CDL disqualified
383.71OOS
Operating with falsified CDL application
383.23A2OOS
Operating CMV without CDL
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)

Related

Frequently Asked Questions

Can I be placed out of service for 391.11B5?
No — 391.11B5 is not on the standard OOS criteria for most inspectors. You'll be cited on the inspection report (MCS-63), the violation will hit your CSA scores, and the driver's PSP record, but you can usually continue the trip after the inspection wraps. Caveat: an inspector has discretion to escalate to OOS if they observe a separate, more serious condition during the same inspection. If they find 391.11B5 plus a brake violation, they're putting you OOS for the brake issue, not this one.
How long does 391.11B5 affect my CSA score?
391.11B5 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 1/10, so each citation contributes 3 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.
Can I fight a 391.11B5 citation?
Yes, and you should consider it. FMCSA's DataQs system at dataqs.fmcsa.dot.gov lets carriers (and drivers) challenge any inspection violation. The two strongest grounds are: (1) the underlying state citation was dismissed or reduced in court — submit court paperwork as evidence; (2) the inspector applied the wrong code — for example, citing 391.11B5 when the correct citation is a different code with lower severity. DataQs has roughly a 35-40% reversal rate when carriers submit clean court documentation. The catch: you have to file within 24 months of the inspection, and the inspector's narrative usually wins ties. Because this isn't OOS, many carriers don't bother fighting it. Math: if you're at 40th percentile in this BASIC, one citation reversal might shave 1-2 points off. Not worth fighting unless you're near a threshold.
Does 391.11B5 show on PSP (Pre-Employment Screening)?
Yes. 391.11B5 is a driver-side violation, so it appears on the driver's PSP (Pre-Employment Screening Program) report and stays visible for <strong>36 months</strong>. Carriers performing hire reviews can see it, and many use it to filter applicants — particularly for over-the-road and hazmat positions. If the driver fights the citation in court and wins, the PSP record can be updated via FMCSA's DataQs portal. If they plead guilty (even to a reduced charge), it stays on PSP. Bottom line: this citation matters for the driver's next job, not just for the carrier's CSA. Drivers should fight any moving violation that risks employment.
What's the difference between 391.11B5 and similar codes?
391.11B5 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>383.23A2</strong> (Operating CMV without CDL). 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 do I prevent 391.11B5 from getting cited again?
Keep a paper copy in the truck (don't rely on digital alone — many state troopers want to handle the physical card). Photo on phone is acceptable in most states as a backup.

CSA scores rising? Get a compliance audit.

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