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FMCSA Violation Code

396.9C2 — Operating vehicle declared out-of-service

49 CFR 396 • Vehicle Maintenance BASIC • Severity 10/10

Out-of-service eligible Vehicle citation CSA weight 10
OUT-OF-SERVICE eligible
Code
396.9C2
CFR section
49 CFR 396
BASIC
Vehicle Maintenance
Severity
10/10
Out-of-Service
Yes
Unit type
Vehicle
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What this violation means

Driver operated a vehicle that had previously been placed OOS without correcting the underlying defect. 10 SMS points and one of the most serious vehicle-side violations. Inspector checks for an OOS sticker that wasn't yet cleared.

How often this is cited (last 24 months)

In the last 24 months, 396.9C2 was cited 225 times at roadside inspections against 211 carriers, and 40.4% of those citations were out-of-service violations. It ranks #55 among the violation codes in our records by citation count. Most recent citation on record: Aug 6, 2026.

Why this gets cited

Driver thought the OOS was lifted when it wasn't. Mechanical issue 'fixed' on the side of the road without proper sign-off. Intentional disregard of OOS order.

How to fix / prevent

OOS lifted only by qualified mechanic and proper documentation. Driver keeps OOS sticker and clearance paperwork in cab. Carrier procedure for OOS clearance signed off by safety director.

Out-of-service criteria

Yes — this violation IS out-of-service eligible. When an inspector finds 396.9C2 during a Level 1, 2, or 3 inspection, they can place the Vehicle 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 Vehicle Maintenance 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

396.9C2 carries a severity weight of 10/10 in FMCSA's Safety Measurement System (SMS). Higher weights mean faster CSA percentile movement. Combined with a time-weighting factor (3× for citations within the last 6 months, decaying over 24 months), this violation can move your Vehicle Maintenance 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 396.9C2 in FMCSA inspection records (rolling 24-month window).

  • CRIS TRANSPORTATION LLC
    DOT #4048350 • last cited 2025-03-06
    3×
  • REGINO HAULERS LLC
    DOT #4308210 • last cited 2026-08-06
    2×
  • JOSE EDGARDO ALVARENGA FLORES
    DOT #3906013 • last cited 2026-06-15
    2×
  • HERNANDEZ TRANSPORTE LLC
    DOT #2313146 • last cited 2026-04-06
    2×
  • JUAN GARCIA
    DOT #3683347 • last cited 2026-04-01
    2×
  • NRY TRANSPORT LLC
    DOT #3903497 • last cited 2026-01-30
    2×
  • TIQUITO GROUP LLC
    DOT #4023536 • last cited 2025-10-03
    2×
  • UNIMEX LOGISTICS LLC
    DOT #1970020 • last cited 2025-07-03
    2×
  • MAURICIO'S TREE SERVICE LLC
    DOT #4323522 • last cited 2025-05-09
    2×
  • MALAKIM MANAGEMENT LLC
    DOT #3809182 • last cited 2025-04-15
    2×
Other violations in Vehicle Maintenance
393.75AOOS
Flat tire or audible air leak
393.75A1OOS
Tire ply or belt material exposed
393.75A3OOS
Tire with fabric exposed
393.75FOOS
Tire on steering axle under 4/32 inch tread
393.75GOOS
Tire on non-steering axle under 2/32 inch tread
393.83A2OOS
Exhaust discharges into cab/sleeper
393.5AOOS
Coupling device defective (fifth wheel, pintle, kingpin)
393.71OOS
Coupling devices not maintained

Related

Frequently Asked Questions

Can I be placed out of service for 396.9C2?
Yes. 396.9C2 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 Vehicle 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 396 before pulling onto the road — that's the only reliable way to avoid this one.
How long does 396.9C2 affect my CSA score?
396.9C2 stays in your CSA Vehicle Maintenance 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 10/10, so each citation contributes 30 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 396.9C2 and similar codes?
396.9C2 is in the 8-code group sharing the same BASIC. The closest siblings are: <strong>393.75A</strong> (Flat tire or audible air leak); <strong>393.75A1</strong> (Tire ply or belt material exposed); <strong>393.75A3</strong> (Tire with fabric exposed). 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 396.9C2 cited?
In the last 24 months, 396.9C2 was cited 225 times at roadside inspections against 211 carriers, and 40.4% of those citations were out-of-service violations. It ranks #55 among the violation codes in our records by citation count. Most recent citation on record: Aug 6, 2026.

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