Violation code

391.49JCOMPLY

Operating a commercial motor vehicle without complying with the requirements indicated on the skill performance evaluation

Driver Fitness1Non-OOS· SMS Appendix A v3.20

391.49JCOMPLY is a Medical Certificate violation under 49 CFR §391.49JCOMPLY. It falls in the Driver Fitness BASIC with a severity weight of 1/10. Nationally it was cited 158 times in the last five years, with an OOS rate of 92.4%.

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National roadside inspection stats

as of 6/20/2026

Inspections

156

that found this code

Violations

158

total written

OOS rate

92.4%

146 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: Medical Certificate
Regulation §: 391.49JCOMPLY
Severity weight: 1
Used in SMS: Yes
Status: Active
Updated: 6/20/2026

Last updated June 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.

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Challenging 391.49JCOMPLY 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 391.49JCOMPLY →Read the DataQs guide first

More codes in Driver Fitness

Same BASIC category — ranked by national citation volume

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Other Medical Certificate codes

Codes under the same FMCSA violation group

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Frequently asked questions about 391.49JCOMPLY

What does violation 391.49JCOMPLY mean?

391.49JCOMPLY is the FMCSA roadside-inspection violation code for "Operating a commercial motor vehicle without complying with the requirements indicated on the skill performance evaluation", part of the Medical Certificate group, cited under 49 CFR §391.49JCOMPLY.

What BASIC does 391.49JCOMPLY affect?

391.49JCOMPLY falls under the Driver Fitness BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 391.49JCOMPLY?

391.49JCOMPLY carries a severity weight of 1 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 391.49JCOMPLY an out-of-service (OOS) violation?

No. 391.49JCOMPLY 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 391.49JCOMPLY add to a carrier's score?

The point contribution of 391.49JCOMPLY depends on its severity weight (1/10) 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 391.49JCOMPLY be challenged through DataQs?

Yes. If you believe 391.49JCOMPLY 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 391.49JCOMPLY Driver Fitness BASIC Carrier CSA lookup CSA glossary