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O Trucking
FMCSA Violation Code

391.23A — Inadequate inquiry into driving record

49 CFR 391 • Driver Fitness BASIC • Severity 3/10

Driver citation CSA weight 3
Minor
Code
391.23A
CFR section
49 CFR 391
BASIC
Driver Fitness
Severity
3/10
Out-of-Service
No
Unit type
Driver

What this violation means

Carrier didn't pull or didn't document the 3-year MVR (Motor Vehicle Record) at hire. 3 SMS points.

Why this gets cited

Carrier skipped MVR check. MVR pulled but not retained.

How to fix / prevent

Pull MVR for every state the driver held a CDL in for 3 years. Most providers charge $5-15 per state.

Out-of-service criteria

No — this violation is not typically out-of-service eligible. The inspector will note 391.23A 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 3/10 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

391.23A carries a severity weight of 3/10 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%).

Other violations in Driver Fitness

Related

Frequently Asked Questions

Can I be placed out of service for 391.23A?
No — 391.23A 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 391.23A plus a brake violation, they're putting you OOS for the brake issue, not this one.
How long does 391.23A affect my CSA score?
391.23A 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 3/10, so each citation contributes 9 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 391.23A and similar codes?
391.23A 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.

CSA scores rising? Get a compliance audit.

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