Violation code

392.64

Riding within the closed body of a commercial vehicle without exits

Vehicle Maintenance10Non-OOS· SMS Appendix A v3.20

392.64 is a Towing Loaded Bus violation under 49 CFR §392.64. It falls in the Vehicle Maintenance BASIC with a severity weight of 10/10. Nationally it was cited 57 times in the last five years, with an OOS rate of 1.8%.

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National roadside inspection stats

as of 6/20/2026

Inspections

that found this code

Violations

total written

OOS rate

1.8%

1 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: Towing Loaded Bus
Regulation §: 392.64
Severity weight: 10
Used in SMS: Yes
Status: Active
Updated: 6/20/2026

Last updated June 2026

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Notes

DSMS: Y | Comment: Added in 3.0.9 | Footnote: This violation was applied retroactively in the SMS with the April 27, 2018 run.

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Challenging 392.64 through FMCSA DataQs

If this violation was written incorrectly, here are the angles trucking-safety managers use to contest it. Playbook: Vehicle Maintenance (general).

Common ways to challenge this code

Pre-trip inspection showed compliant brakes
The driver's pre-trip DVIR documented compliant brake adjustment and operation. The cited defect arose en route or was misclassified at roadside.
Evidence that wins
- ✓Driver Vehicle Inspection Report (DVIR) from that date
- ✓Repair invoice or shop record
- ✓Post-citation re-inspection certificate (clean)
Momentary failure exception (§393.9)
The required lamp was inoperative only momentarily due to vibration, temperature, or similar transient cause — explicitly exempted under §393.9.
Evidence that wins
- ✓Photograph showing the lamp operable before / after the stop
- ✓Repair invoice if a fuse or bulb was replaced
Tread measurement disputed
The tread depth measurement was taken at a worn point that is not representative, contrary to NHTSA/FMCSA measurement standards.
Evidence that wins
- ✓Independent tread gauge reading from same tire (multiple positions)
- ✓Photograph of the tire with a reference scale
Documented maintenance schedule disproves the defect
Carrier's periodic-inspection records show the cited defect could not reasonably have existed at the time of inspection.
Evidence that wins
- ✓Periodic inspection certificate (§396.17)
- ✓Maintenance work order proximate to inspection date

Common pitfalls — avoid these

⚠DataQs cannot remove a violation simply because the defect was repaired after the stop

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More codes in Vehicle Maintenance

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Codes under the same FMCSA violation group

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Frequently asked questions about 392.64

What does violation 392.64 mean?

392.64 is the FMCSA roadside-inspection violation code for "Riding within the closed body of a commercial vehicle without exits", part of the Towing Loaded Bus group, cited under 49 CFR §392.64.

What BASIC does 392.64 affect?

392.64 falls under the Vehicle Maintenance BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 392.64?

392.64 carries a severity weight of 10 out of 10. Higher weights indicate violations more closely tied to crash risk, and they count more toward a carrier's Vehicle Maintenance score.

Is 392.64 an out-of-service (OOS) violation?

No. 392.64 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 392.64 add to a carrier's score?

The point contribution of 392.64 depends on its severity weight (10/10) 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 392.64 be challenged through DataQs?

Yes. If you believe 392.64 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 392.64 Vehicle Maintenance BASIC Carrier CSA lookup CSA glossary

392.64

National roadside inspection stats

Challenging 392.64 through FMCSA DataQs

Pre-trip inspection showed compliant brakes

Momentary failure exception (§393.9)

Tread measurement disputed

Documented maintenance schedule disproves the defect