Skip to main content
(682) 978-8641
O Trucking
Hire Drivers Contact Website Call
FMCSA Violation Code

392.9A1 — Failure to secure load (driver-side responsibility)

49 CFR 392 • Unsafe Driving BASIC • Severity 6/10

Out-of-service eligible Driver citation CSA weight 6
OUT-OF-SERVICE eligible
Code
392.9A1
CFR section
49 CFR 392
BASIC
Unsafe Driving
Severity
6/10
Out-of-Service
Yes
Unit type
Driver

What this violation means

Driver-side analog of 393.100 — driver did not properly secure cargo before driving. OOS. 6 SMS points. Both 392.9 and 393.x can be cited on the same inspection (driver responsibility AND equipment).

How often this is cited (last 24 months)

In the last 24 months, 392.9A1 was cited 472 times at roadside inspections against 421 carriers, and 82.6% of those citations were out-of-service violations. It ranks #47 among the violation codes in our records by citation count. Most recent citation on record: Sep 29, 2026.

Why this gets cited

Driver assumed shipper-load was secure. Skipped en-route securement check.

How to fix / prevent

Driver responsibility — always inspect securement before driving, even on shipper-loads. En-route check after 50 miles.

Out-of-service criteria

Yes — this violation IS out-of-service eligible. When an inspector finds 392.9A1 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 Unsafe Driving 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

392.9A1 carries a severity weight of 6/10 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 392.9A1 in FMCSA inspection records (rolling 24-month window).

  • RODRIGO ARREOLA SALAZAR
    DOT #638911 • last cited 2025-12-16
    10×
  • ADRIAN EDMUNDO CORDOVA BERNAL
    DOT #2273644 • last cited 2025-08-15
    6×
  • RUTH ESTHER FLORES NAVARRO
    DOT #3848149 • last cited 2026-06-09
    5×
  • TEXA LLC
    DOT #3065967 • last cited 2026-04-12
    5×
  • JOSE FRANCISCO PONCE ESTRADA
    DOT #2881027 • last cited 2025-06-18
    5×
  • JOSE INES VILLANUEVA NAVARRETE
    DOT #2525236 • last cited 2026-02-02
    4×
  • J B HUNT TRANSPORT INC
    DOT #80806 • last cited 2026-08-06
    3×
  • B & W CARTAGE COMPANY INC
    DOT #128493 • last cited 2026-07-18
    3×
  • GOMEZ CARGO TRUCKS LLC
    DOT #4163791 • last cited 2026-05-14
    3×
  • PRO EAGLE TRANSPORT INC
    DOT #2888509 • last cited 2026-06-09
    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
392.10Sev 5
Failed to stop at railroad grade crossing (certain vehicles)
392.14Sev 5
Failure to use extreme caution in hazardous conditions
392.2-FCSev 5
Failure to obey traffic control device

Related

Frequently Asked Questions

Can I be placed out of service for 392.9A1?
Yes. 392.9A1 is on the North American Standard Out-of-Service Criteria list. An inspector who finds this during a Level 1, 2, or 3 inspection can place the Driver OOS at the inspection site. The truck cannot move until the defect is corrected. For vehicle-side OOS, that usually means a mobile mechanic or tow to the nearest shop. For driver-side OOS (HOS, CDL, drug/alcohol), it means the driver is removed from service and a qualified replacement must arrive before the truck can continue. Pro tip: do a thorough pre-trip every shift and address any issue listed in 49 CFR 392 before pulling onto the road — that's the only reliable way to avoid this one.
How long does 392.9A1 affect my CSA score?
392.9A1 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 6/10, so each citation contributes 18 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 392.9A1 and similar codes?
392.9A1 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 392.9A1 cited?
In the last 24 months, 392.9A1 was cited 472 times at roadside inspections against 421 carriers, and 82.6% of those citations were out-of-service violations. It ranks #47 among the violation codes in our records by citation count. Most recent citation on record: Sep 29, 2026.

CSA scores rising? Get a compliance audit.

(682) 978-8641 Send a message

Ready to Grow Your Trucking Business?

Dispatch support for your trucking business. Explore our current service options.

Get Started Free (682) 978-8641