Violation code

390.35B-MED

Operating a CMV while possessing a fraudulent medical certificate

Driver Fitness10Non-OOS· SMS Appendix A v3.20

390.35B-MED is a Fraud violation under 49 CFR §390.35B-MED. It falls in the Driver Fitness BASIC with a severity weight of 10/10. Nationally it was cited 434 times in the last five years, with an OOS rate of 93.5%.

📊

National roadside inspection stats

as of 9/20/2026

Inspections

434

that found this code

Violations

434

total written

OOS rate

93.5%

406 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: Fraud
Regulation §: 390.35B-MED
Severity weight: 10
Used in SMS: Yes
Status: Active
Updated: 9/20/2026

Last updated September 2026

⚡

Think this violation was written incorrectly?

Generate a polished DataQs challenge letter for 390.35B-MED in about 5 seconds. AI quotes the CFR, predicts your grant chance.

⚡ Draft a challenge →

Notes

DSMS: Y

What 390.35B-MED means — and how to avoid it

In plain English

In plain terms, 390.35B-MED is cited for operating a CMV while possessing a fraudulent medical certificate. It falls under the FMCSA rules on general FMCSR compliance and marking.

What the inspector checks

•Valid CDL of the right class with required endorsements
•Current medical examiner’s certificate
•Driver not disqualified and carrying required documents

How to prevent it

✓Track CDL, medical card, and endorsement expirations ahead of time
✓Keep the DQ file complete and the medical card on the driver
✓Renew before, not on, the expiration date

How it affects your CSA

up to 30 pts (fresh)

Severity 10/10. A fresh citation counts at the 3× time weight — up to 30 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.

📚

Challenging 390.35B-MED 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 390.35B-MED →Read the DataQs guide first

More codes in Driver Fitness

Same BASIC category — ranked by national citation volume

View all Driver Fitness codes →

❓

Frequently asked questions about 390.35B-MED

What does violation 390.35B-MED mean?

390.35B-MED is the FMCSA roadside-inspection violation code for "Operating a CMV while possessing a fraudulent medical certificate", part of the Fraud group, cited under 49 CFR §390.35B-MED.

What BASIC does 390.35B-MED affect?

390.35B-MED falls under the Driver Fitness BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 390.35B-MED?

390.35B-MED carries a severity weight of 10 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 390.35B-MED an out-of-service (OOS) violation?

No. 390.35B-MED 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 390.35B-MED add to a carrier's score?

The point contribution of 390.35B-MED depends on its severity weight (10/10) 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 390.35B-MED?

Track CDL, medical card, and endorsement expirations ahead of time; Keep the DQ file complete and the medical card on the driver; Renew before, not on, the expiration date.

Can 390.35B-MED be challenged through DataQs?

Yes. If you believe 390.35B-MED 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 390.35B-MED Driver Fitness BASIC Carrier CSA lookup CSA glossary

Turn this violation into a training moment

Assign training on this exact topic — and prove it

Looking up a code is step one. FleetTrained — built by the same safety manager behind VioCodes — lets you assign a video on this topic; drivers quiz and sign in their language, and you get a DOT-ready certificate so it stops happening.