Violation code

390.403A2

During an emergency situation, failing to produce on demand, a signed statement as required when postponing the preparation of a lease or interchange agreement.

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

390.403A2 is a Other violation under 49 CFR §390.403A2. It is not scored in the SMS. Nationally it was cited 2 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

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.

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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: Other
Regulation §: 390.403A2
Severity weight: N/A
Used in SMS: No
Status: Active
Updated: 6/20/2026

Last updated June 2026

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Challenging 390.403A2 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 390.403A2 →Read the DataQs guide first

Other Other codes

Codes under the same FMCSA violation group

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Frequently asked questions about 390.403A2

What does violation 390.403A2 mean?

390.403A2 is the FMCSA roadside-inspection violation code for "During an emergency situation, failing to produce on demand, a signed statement as required when postponing the preparation of a lease or interchange agreement.", part of the Other group, cited under 49 CFR §390.403A2.

What BASIC does 390.403A2 affect?

390.403A2 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 390.403A2 an out-of-service (OOS) violation?

No. 390.403A2 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 390.403A2 add?

390.403A2 adds 0 CSA points because it is not used in SMS scoring, even when written out of service.

Can 390.403A2 be challenged through DataQs?

Yes. If you believe 390.403A2 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.

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