392.16 is a Seat Belt violation under 49 CFR §392.16. It falls in the Unsafe Driving BASIC with a severity weight of 7/10. Nationally it was cited 146,604 times in the last five years, with an OOS rate of 0.0%.
📊
National roadside inspection stats
as of 6/20/2026
Inspections
145,520
that found this code
Violations
146,604
total written
OOS rate
0.0%
21 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
Seat Belt
Regulation §
392.16
Severity weight
7
Used in SMS
Yes
Status
Active
Updated
6/20/2026
Last updated June 2026
⚡
Think this violation was written incorrectly?
Generate a polished DataQs challenge letter for 392.16 in about 5 seconds. AI quotes the CFR, predicts your grant chance.
If this violation was written incorrectly, here are the angles trucking-safety managers use to contest it. Playbook: Unsafe Driving.
Relevant 49 CFR49 CFR § 392.16
Use of seat belts
“A commercial motor vehicle which has a seat belt assembly installed at the driver's seat shall not be driven unless the driver has properly restrained himself/herself with the seat belt assembly.”
Common ways to challenge this code
Radar / lidar / scale calibration not produced
The state instrument used to measure speed or weight had no current calibration certificate, or one was never provided when requested.
Evidence that wins
✓FOIA / public-records request response from the citing agency
392.16 is the FMCSA roadside-inspection violation code for "Failing to use seat belt while operating a CMV", part of the Seat Belt group, cited under 49 CFR §392.16.
What BASIC does 392.16 affect?
392.16 falls under the Unsafe Driving BASIC in the FMCSA Safety Measurement System (SMS).
What is the CSA severity weight of 392.16?
392.16 carries a severity weight of 7 out of 10. Higher weights indicate violations more closely tied to crash risk, and they count more toward a carrier's Unsafe Driving score.
Is 392.16 an out-of-service (OOS) violation?
No. 392.16 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 392.16 add to a carrier's score?
The point contribution of 392.16 depends on its severity weight (7/10) 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.
Can 392.16 be challenged through DataQs?
Yes. If you believe 392.16 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.