392.71A — Driving CMV while using or having radar detector
49 CFR 392 • Unsafe Driving BASIC • Severity 5/10
What this violation means
Radar detectors are flat-out banned in CMVs over 10,000 lbs since 1994. Just having one mounted (whether plugged in or not) triggers the citation. 5 SMS points. Inspectors check the dash and windshield first thing at any inspection.
How often this is cited (last 24 months)
In the last 24 months, 392.71A was cited 479 times at roadside inspections against 445 carriers, with no out-of-service results. It ranks #46 among the violation codes in our records by citation count. Most recent citation on record: Aug 11, 2026.
Why this gets cited
Drivers transferred from a 4-wheeler vehicle who didn't remove their detector. Drivers misreading the rule — 'I bought a CB-and-radar combo, must be legal' is a common misconception.
How to fix / prevent
Remove it. Put it in the sleeper or, better, take it home. Many fleets do windshield sweeps as part of pre-trip — formalize that. Bluetooth scanner apps on phones don't count as radar detectors (they're not detectors) but in some states they will still be argued as 'radar detection devices.'
Out-of-service criteria
No — this violation is not typically out-of-service eligible. The inspector will note 392.71A 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 5/10 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
392.71A carries a severity weight of 5/10 in FMCSA's Safety Measurement System (SMS). Higher weights mean faster CSA percentile movement. Combined with a time-weighting factor (2× for citations within the last 6 months, decaying over 24 months), this violation can move your Unsafe Driving 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 392.71A in FMCSA inspection records (rolling 24-month window).
- 4×UNITED PARCEL SERVICE INCDOT #21800 • last cited 2026-03-06
- 3×SWIFT TRANSPORTATION COMPANY OF ARIZONA LLCDOT #54283 • last cited 2025-07-02
- 3×SPEED INTERMODALDOT #2418540 • last cited 2025-06-23
- 2×ATLAS FREIGHT LINE INCDOT #3475785 • last cited 2026-08-04
- 2×JSG ENTERPRISES LLCDOT #3338994 • last cited 2026-07-31
- 2×BINNING SONS CARRIER INCDOT #3278413 • last cited 2026-07-30
- 2×REDHAWK COIL TUBING LLCDOT #3744906 • last cited 2026-07-17
- 2×ETM ENTERPRISES INCDOT #2136812 • last cited 2026-07-09
- 2×ROBERT VAZ TRUCKING INCDOT #3226330 • last cited 2026-06-15
- 2×BLUE J'S TRUCKING LLCDOT #2263835 • last cited 2026-05-19
Other violations in Unsafe Driving
Related
- → Browse all FMCSA violation codes
- → More Unsafe Driving violations
- → FMCSA regulations & compliance
- → Look up a carrier safety record
- → 392.2-SLLS4 — State/local laws — Speeding 15+ mph over limit
- → 392.80A — Driving a CMV while texting
- → 392.82A1 — Using a hand-held mobile phone while operating a CMV