Violation code

392.64-D

Driver - Riding within a closed body of a CMV without proper exits.

Vehicle Maintenance10Non-OOS· SMS Appendix A v3.20

392.64-D is a Towing Loaded Bus violation under 49 CFR §392.64-D. It falls in the Vehicle Maintenance BASIC with a severity weight of 10/10. Nationally it was cited 36 times in the last five years, with an OOS rate of 0.0%.

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National roadside inspection stats

as of 9/20/2026

Inspections

that found this code

Violations

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: Towing Loaded Bus
Regulation §: 392.64-D
Severity weight: 10
Used in SMS: Yes
Status: Active
Updated: 9/20/2026

Last updated September 2026

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Notes

DSMS: Y | Comment: Added in 3.15 | Footnote: As of February 1, 2023, the violations in this table are included in SMS. 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 392.64-D means — and how to avoid it

In plain English

In plain terms, 392.64-D is cited for driver - Riding within a closed body of a CMV without proper exits. It falls under the FMCSA rules on safe driving of commercial vehicles.

What the inspector checks

•Enough tiedowns for cargo length/weight and working load limit
•Tiedowns, chains, straps, and binders not damaged or loose
•Blocking/bracing and edge protection where needed

How to prevent it

✓Learn the working-load-limit math for your loads and carry extra straps/chains
✓Re-check securement within the first 50 miles and at every stop
✓Replace frayed straps and bent binders before the trip

How it affects your CSA

up to 30 pts (fresh)

Severity 10/10. A fresh citation counts at the 3× time weight — up to 30 points toward the Vehicle Maintenance 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 392.64-D 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

⚡ Draft a challenge for 392.64-D →Read the DataQs guide first

More codes in Vehicle Maintenance

Same BASIC category — ranked by national citation volume

View all Vehicle Maintenance codes →

Other Towing Loaded Bus codes

Codes under the same FMCSA violation group

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Frequently asked questions about 392.64-D

What does violation 392.64-D mean?

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

What BASIC does 392.64-D affect?

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

What is the CSA severity weight of 392.64-D?

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

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

The point contribution of 392.64-D 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.

How can a driver prevent 392.64-D?

Learn the working-load-limit math for your loads and carry extra straps/chains; Re-check securement within the first 50 miles and at every stop; Replace frayed straps and bent binders before the trip.

Can 392.64-D be challenged through DataQs?

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

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