Violation code

392.16BDPASS

Driver - Failed to require passenger(s) (not a co-driver) to use seat belt while operating a property-carrying CMV.

Unsafe Driving7Non-OOS· SMS Appendix A v3.20

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

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National roadside inspection stats

as of 6/20/2026

Inspections

7,145

that found this code

Violations

7,377

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 §: 392.16BDPASS
Severity weight: 7
Used in SMS: Yes
Status: Active
Updated: 6/20/2026

Last updated June 2026

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Notes

DSMS: Y | Comment: Added in 3.16; updated description in 3.19 | Footnote: This violation was added to SMS with the October 27, 2023 snapshot; The description for this violation was updated in SMS with the September 27, 2024 snapshot.

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Challenging 392.16BDPASS 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 392.16BDPASS →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 392.16BDPASS

What does violation 392.16BDPASS mean?

392.16BDPASS is the FMCSA roadside-inspection violation code for "Driver - Failed to require passenger(s) (not a co-driver) to use seat belt while operating a property-carrying CMV.", part of the Seat Belt group, cited under 49 CFR §392.16BDPASS.

What BASIC does 392.16BDPASS affect?

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

What is the CSA severity weight of 392.16BDPASS?

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

No. 392.16BDPASS 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 392.16BDPASS add to a carrier's score?

The point contribution of 392.16BDPASS 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 392.16BDPASS be challenged through DataQs?

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