Violation code

390.21TB3OPERBY

Operating a CMV without the words "Operated By" when required.

Not in SMSNon-OOS· FMCSA A&I All Violations

390.21TB3OPERBY is a Other violation under 49 CFR §390.21TB3OPERBY. It is not scored in the SMS. Nationally it was cited 3,032 times in the last five years, with an OOS rate of 0.0%.

📊

National roadside inspection stats

as of 6/20/2026

Inspections

3,029

that found this code

Violations

3,032

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.

📎

Not used in SMS BASIC scoring

Recorded on your inspection report and visible on the PSP, but contributes 0 points to CSA BASIC scores — even if cited Out-of-Service.

Violation group: Other
Regulation §: 390.21TB3OPERBY
Severity weight: N/A
Used in SMS: No
Status: Active
Updated: 6/20/2026

Last updated June 2026

⚡

Think this violation was written incorrectly?

Generate a polished DataQs challenge letter for 390.21TB3OPERBY in about 5 seconds. AI quotes the CFR, predicts your grant chance.

⚡ Draft a challenge →

📚

Challenging 390.21TB3OPERBY through FMCSA DataQs

If this violation was written incorrectly, here are the angles trucking-safety managers use to contest it. Playbook: Codes not used in SMS scoring.

Common ways to challenge this code

Not used in SMS — should not affect BASIC
This code is on the inspection report but is excluded from SMS BASIC scoring per Appendix A. Use DataQs to correct the underlying data quality issue if the code was written in error, but understand it does not affect the CSA percentile.
Evidence that wins
- ✓FMCSA SMS Methodology Appendix A reference
- ✓Underlying inspection report

Common pitfalls — avoid these

⚠These codes still appear on PSP — challenge the data if the cite was wrong

⚡ Draft a challenge for 390.21TB3OPERBY →Read the DataQs guide first

Other Other codes

Codes under the same FMCSA violation group

❓

Frequently asked questions about 390.21TB3OPERBY

What does violation 390.21TB3OPERBY mean?

390.21TB3OPERBY is the FMCSA roadside-inspection violation code for "Operating a CMV without the words "Operated By" when required.", part of the Other group, cited under 49 CFR §390.21TB3OPERBY.

What BASIC does 390.21TB3OPERBY affect?

390.21TB3OPERBY is not scored in any CSA BASIC. It is recorded on the inspection report and appears on the PSP, but it contributes 0 points to a carrier's SMS BASIC percentiles.

Is 390.21TB3OPERBY an out-of-service (OOS) violation?

No. 390.21TB3OPERBY 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 390.21TB3OPERBY add?

390.21TB3OPERBY adds 0 CSA points because it is not used in SMS scoring, even when written out of service.

Can 390.21TB3OPERBY be challenged through DataQs?

Yes. If you believe 390.21TB3OPERBY 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 390.21TB3OPERBY Carrier CSA lookup CSA glossary