Violation code

391.41

No Medical Certificate

Not in SMSOOS· FMCSA A&I All Violations

391.41 is a Driver violation under 49 CFR §391.41. It is an out-of-service violation; it is not scored in the SMS. Nationally it was cited 4 times in the last five years, with an OOS rate of 25.0%.

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National roadside inspection stats

as of 8/20/2026

Inspections

that found this code

Violations

total written

OOS rate

25.0%

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.

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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: Driver
Regulation §: 391.41
Severity weight: N/A
Used in SMS: No
Status: Active
Updated: 8/20/2026

Last updated August 2026

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What 391.41 means — and how to avoid it

In plain English

In plain terms, 391.41 is cited for no Medical Certificate. It falls under the FMCSA rules on driver qualifications. Because it’s an out-of-service condition, an inspector can put the driver or vehicle out of service on the spot until it’s corrected.

What the inspector checks

•Valid CDL of the right class with required endorsements
•Current medical examiner’s certificate
•Driver not disqualified and carrying required documents

How to prevent it

✓Track CDL, medical card, and endorsement expirations ahead of time
✓Keep the DQ file complete and the medical card on the driver
✓Renew before, not on, the expiration date

How it affects your CSA

0 CSA points

391.41 is not scored in the SMS. It adds 0 CSA points — even if written out-of-service — but it still appears on the inspection report and the driver’s PSP.

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 391.41 through FMCSA DataQs

If this violation was written incorrectly, here are the angles trucking-safety managers use to contest it. Playbook: Driver Fitness.

Relevant 49 CFR49 CFR § 391.41

Physical qualifications for drivers

“A person shall not drive a commercial motor vehicle unless he/she is physically qualified to do so and, except as provided in §391.67, has on his/her person the original, or a copy, of a medical examiner's certificate that he/she is physically qualified to drive a commercial motor vehicle.”

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 391.41 →Read the DataQs guide first

Other Driver codes

Codes under the same FMCSA violation group

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Frequently asked questions about 391.41

What does violation 391.41 mean?

391.41 is the FMCSA roadside-inspection violation code for "No Medical Certificate", part of the Driver group, cited under 49 CFR §391.41.

What BASIC does 391.41 affect?

391.41 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 391.41 an out-of-service (OOS) violation?

Yes. 391.41 is an out-of-service violation, meaning the driver or vehicle can be placed out of service at the roadside until the issue is corrected. OOS violations also add an extra severity point in SMS scoring.

How many CSA points does 391.41 add?

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

How can a driver prevent 391.41?

Track CDL, medical card, and endorsement expirations ahead of time; Keep the DQ file complete and the medical card on the driver; Renew before, not on, the expiration date.

Can 391.41 be challenged through DataQs?

Yes. If you believe 391.41 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 391.41 Carrier CSA lookup CSA glossary

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