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FMCSA Violation Code

392.71A — Driving CMV while using or having radar detector

49 CFR 392 • Unsafe Driving BASIC • Severity 5/10

Driver citation CSA weight 5
Moderate
Code
392.71A
CFR section
49 CFR 392
BASIC
Unsafe Driving
Severity
5/10
Out-of-Service
No
Unit type
Driver

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).

  • UNITED PARCEL SERVICE INC
    DOT #21800 • last cited 2026-03-06
    4×
  • SWIFT TRANSPORTATION COMPANY OF ARIZONA LLC
    DOT #54283 • last cited 2025-07-02
    3×
  • SPEED INTERMODAL
    DOT #2418540 • last cited 2025-06-23
    3×
  • ATLAS FREIGHT LINE INC
    DOT #3475785 • last cited 2026-08-04
    2×
  • JSG ENTERPRISES LLC
    DOT #3338994 • last cited 2026-07-31
    2×
  • BINNING SONS CARRIER INC
    DOT #3278413 • last cited 2026-07-30
    2×
  • REDHAWK COIL TUBING LLC
    DOT #3744906 • last cited 2026-07-17
    2×
  • ETM ENTERPRISES INC
    DOT #2136812 • last cited 2026-07-09
    2×
  • ROBERT VAZ TRUCKING INC
    DOT #3226330 • last cited 2026-06-15
    2×
  • BLUE J'S TRUCKING LLC
    DOT #2263835 • last cited 2026-05-19
    2×
Other violations in Unsafe Driving
392.2-SLLS4Sev 10
State/local laws — Speeding 15+ mph over limit
392.80ASev 10
Driving a CMV while texting
392.82A1Sev 10
Using a hand-held mobile phone while operating a CMV
392.16Sev 7
Failing to use seat belt while operating CMV
392.2-SLLS3Sev 7
State/local laws — Speeding 11-14 mph over limit
392.9A1OOS
Failure to secure load (driver-side responsibility)
392.10Sev 5
Failed to stop at railroad grade crossing (certain vehicles)
392.14Sev 5
Failure to use extreme caution in hazardous conditions

Related

Frequently Asked Questions

Can I be placed out of service for 392.71A?
No — 392.71A 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 392.71A plus a brake violation, they're putting you OOS for the brake issue, not this one.
How long does 392.71A affect my CSA score?
392.71A stays in your CSA Unsafe Driving 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 5/10, so each citation contributes 15 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 392.71A and similar codes?
392.71A is in the 8-code group sharing the same BASIC. The closest siblings are: <strong>392.2-SLLS4</strong> (State/local laws — Speeding 15+ mph over limit); <strong>392.80A</strong> (Driving a CMV while texting); <strong>392.82A1</strong> (Using a hand-held mobile phone while operating a CMV). 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 392.71A cited?
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.

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