392.9A1 — Failure to secure load (driver-side responsibility)
49 CFR 392 • Unsafe Driving BASIC • Severity 6/10
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).
- 10×RODRIGO ARREOLA SALAZARDOT #638911 • last cited 2025-12-16
- 6×ADRIAN EDMUNDO CORDOVA BERNALDOT #2273644 • last cited 2025-08-15
- 5×RUTH ESTHER FLORES NAVARRODOT #3848149 • last cited 2026-06-09
- 5×TEXA LLCDOT #3065967 • last cited 2026-04-12
- 5×JOSE FRANCISCO PONCE ESTRADADOT #2881027 • last cited 2025-06-18
- 4×JOSE INES VILLANUEVA NAVARRETEDOT #2525236 • last cited 2026-02-02
- 3×J B HUNT TRANSPORT INCDOT #80806 • last cited 2026-08-06
- 3×B & W CARTAGE COMPANY INCDOT #128493 • last cited 2026-07-18
- 3×GOMEZ CARGO TRUCKS LLCDOT #4163791 • last cited 2026-05-14
- 2×PRO EAGLE TRANSPORT INCDOT #2888509 • last cited 2026-06-09
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