Violation code

383.23A2-R

Operating a CMV without a valid CDL: Violation of air brake restriction

Driver Fitness8Non-OOS· SMS Appendix A v3.20

383.23A2-R is a License-related: High violation under 49 CFR §383.23A2-R. It falls in the Driver Fitness BASIC with a severity weight of 8/10. Nationally it was cited 822 times in the last five years, with an OOS rate of 98.1%.

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National roadside inspection stats

as of 8/20/2026

Inspections

821

that found this code

Violations

822

total written

OOS rate

98.1%

806 OOS

Source: FMCSA roadside inspection data (last 5 years). The OOS rate is the share of these violations that led the officer to mark the driver or vehicle out of service.

Violation group: License-related: High
Regulation §: 383.23A2-R
Severity weight: 8
Used in SMS: Yes
Status: Active
Updated: 8/20/2026

Last updated August 2026

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Notes

DSMS: Y | Comment: Added in 3.11 | Footnote: Violation added in Version 3.11 of the methodology and included with the September 25, 2020 snapshot.

What 383.23A2-R means — and how to avoid it

In plain English

In plain terms, 383.23A2-R is cited for operating a CMV without a valid CDL: Violation of air brake restriction. It falls under the FMCSA rules on CDL standards and endorsements.

What the inspector checks

•Brake adjustment and pushrod stroke within limits
•Air loss/leaks, low-air warning, and reservoir pressure
•Cracked, worn, or contaminated linings, drums, and rotors
•Hoses/tubing chafing, kinked, or leaking

How to prevent it

✓Check brake adjustment and listen for air leaks at every pre-trip
✓Fix air leaks and warning-light faults before dispatch — don’t “drive it in”
✓Put brakes on the PM schedule and document the work

How it affects your CSA

up to 24 pts (fresh)

Severity 8/10. A fresh citation counts at the 3× time weight — up to 24 points toward the Driver Fitness BASIC — then tapers to 2× after 6 months and 1× after a year, dropping off the score at 24 months.

General guidance from the violation’s FMCSA classification — not legal advice, and not a substitute for the inspector’s findings or 49 CFR.

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Challenging 383.23A2-R through FMCSA DataQs

If this violation was written incorrectly, here are the angles trucking-safety managers use to contest it. Playbook: Driver Fitness.

Common ways to challenge this code

Medical certificate was valid and on file
A valid medical examiner's certificate was in the driver's qualification file and was either not produced at roadside or not properly recognized.
Evidence that wins
- ✓Copy of the valid medical examiner's certificate
- ✓Driver qualification file index
- ✓National Registry verification printout
CDL class / endorsement was correct for the operation
The driver's CDL class and endorsements were correct for the vehicle and cargo being operated.
Evidence that wins
- ✓Copy of the valid CDL with endorsements
- ✓Vehicle registration showing GVWR/configuration
- ✓Bill of lading or shipping papers showing cargo

Common pitfalls — avoid these

⚠A medical certificate that expired the DAY of inspection still fails — there is no grace period

⚡ Draft a challenge for 383.23A2-R →Read the DataQs guide first

More codes in Driver Fitness

Same BASIC category — ranked by national citation volume

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Codes under the same FMCSA violation group

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Frequently asked questions about 383.23A2-R

What does violation 383.23A2-R mean?

383.23A2-R is the FMCSA roadside-inspection violation code for "Operating a CMV without a valid CDL: Violation of air brake restriction", part of the License-related: High group, cited under 49 CFR §383.23A2-R.

What BASIC does 383.23A2-R affect?

383.23A2-R falls under the Driver Fitness BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 383.23A2-R?

383.23A2-R carries a severity weight of 8 out of 10. Higher weights indicate violations more closely tied to crash risk, and they count more toward a carrier's Driver Fitness score.

Is 383.23A2-R an out-of-service (OOS) violation?

No. 383.23A2-R is not an out-of-service violation, so on its own it does not trigger an out-of-service order at the roadside.

How many CSA points does 383.23A2-R add to a carrier's score?

The point contribution of 383.23A2-R depends on its severity weight (8/10) multiplied by a time weight of 3, 2, or 1 based on how recent the inspection is. You can calculate the exact contribution with the CSA points calculator.

How can a driver prevent 383.23A2-R?

Check brake adjustment and listen for air leaks at every pre-trip; Fix air leaks and warning-light faults before dispatch — don’t “drive it in”; Put brakes on the PM schedule and document the work.

Can 383.23A2-R be challenged through DataQs?

Yes. If you believe 383.23A2-R was recorded in error, you can file a Request for Data Review (RDR) through the FMCSA DataQs system with supporting evidence. A successful challenge can remove or correct the violation on your record.

Keep going

CSA points calculator How to challenge a violation Draft a DataQs letter for 383.23A2-R Driver Fitness BASIC Carrier CSA lookup CSA glossary

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