Violation code

392.16-D

Driver - Failed to use seat belt while operating a CMV.

Unsafe Driving7Non-OOS· SMS Appendix A v3.20

392.16-D is a Seat Belt violation under 49 CFR §392.16-D. It falls in the Unsafe Driving BASIC with a severity weight of 7/10. Nationally it was cited 77,377 times in the last five years, with an OOS rate of 0.0%.

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National roadside inspection stats

as of 8/20/2026

Inspections

77,240

that found this code

Violations

77,377

total written

OOS rate

0.0%

0 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-D
Severity weight: 7
Used in SMS: Yes
Status: Active
Updated: 8/20/2026

Last updated August 2026

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Notes

DSMS: Y | Comment: Added in 3.15 | Footnote: Violations added in Version 3.15 of the methodology are included as of February 23, 2023. Only violations cited on or after February 1 are included in SMS calculations. This update aligns SMS with how violations are being cited in a new software used for roadside inspections.

What 392.16-D means — and how to avoid it

In plain English

In plain terms, 392.16-D is cited for driver - Failed to use seat belt while operating a CMV. It falls under the FMCSA rules on safe driving of commercial vehicles.

What the inspector checks

•Speed relative to posted/conditions
•Seat belt use
•Hand-held phone / texting
•Following distance and lane discipline

How to prevent it

✓Slow down and leave following room — these are Unsafe Driving points that hit hard
✓Hands off the phone; use hands-free only
✓Always belt up — it’s a cheap violation to avoid

How it affects your CSA

up to 21 pts (fresh)

Severity 7/10. A fresh citation counts at the 3× time weight — up to 21 points toward the Unsafe Driving 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 392.16-D through FMCSA DataQs

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
- ✓Calibration log expiration date if produced
- ✓Driver's contemporaneous note (e.g., independent dashcam speed)
Citation based on visual estimate only
The inspection report indicates the officer estimated speed visually rather than using a calibrated instrument.
Evidence that wins
- ✓Inspection report narrative copy showing "visual estimate" wording
- ✓Officer training records or pacing distance, if obtainable
Underlying citation adjudicated
The underlying state court adjudicated the citation as dismissed, reduced, or amended.
Evidence that wins
- ✓Certified court disposition with case number and date
- ✓Original citation copy

Common pitfalls — avoid these

⚠Submitting an uncertified court printout — DataQs requires the clerk-stamped version
⚠Forgetting that "guilty of a lesser charge" still counts as conviction — the violation may stay, just at reduced severity

⚡ Draft a challenge for 392.16-D →Read the DataQs guide first

More codes in Unsafe Driving

Same BASIC category — ranked by national citation volume

View all Unsafe Driving codes →

Other Seat Belt codes

Codes under the same FMCSA violation group

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Frequently asked questions about 392.16-D

What does violation 392.16-D mean?

392.16-D is the FMCSA roadside-inspection violation code for "Driver - Failed to use seat belt while operating a CMV.", part of the Seat Belt group, cited under 49 CFR §392.16-D.

What BASIC does 392.16-D affect?

392.16-D falls under the Unsafe Driving BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 392.16-D?

392.16-D 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-D an out-of-service (OOS) violation?

No. 392.16-D 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-D add to a carrier's score?

The point contribution of 392.16-D 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.

How can a driver prevent 392.16-D?

Slow down and leave following room — these are Unsafe Driving points that hit hard; Hands off the phone; use hands-free only; Always belt up — it’s a cheap violation to avoid.

Can 392.16-D be challenged through DataQs?

Yes. If you believe 392.16-D 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 392.16-D Unsafe Driving BASIC Carrier CSA lookup CSA glossary

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