Violation code

396.3A

Inspection, repair, and maintenance

Not in SMSOOS· FMCSA A&I All Violations

396.3A is a Vehicle violation under 49 CFR §396.3A. It is an out-of-service violation; it is not scored in the SMS. Nationally it was cited 3 times in the last five years, with an OOS rate of 66.7%.

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National roadside inspection stats

as of 9/20/2026

Inspections

that found this code

Violations

total written

OOS rate

66.7%

2 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: Vehicle
Regulation §: 396.3A
Severity weight: N/A
Used in SMS: No
Status: Active
Updated: 9/20/2026

Last updated September 2026

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What 396.3A means — and how to avoid it

In plain English

In plain terms, 396.3A is cited for inspection, repair, and maintenance. It falls under the FMCSA rules on inspection, repair, and maintenance. 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

•A defect that should have been found and fixed
•Missing or incomplete driver vehicle inspection report (DVIR)
•Overdue periodic (annual) inspection

How to prevent it

✓Do — and document — a real pre-trip and post-trip DVIR
✓Keep the annual inspection current and records in the truck
✓Don’t operate a vehicle with a known defect

How it affects your CSA

0 CSA points

396.3A 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 396.3A 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.

Relevant 49 CFR49 CFR § 396.3

Inspection, repair, and maintenance

“Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”

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 396.3A →Read the DataQs guide first

Other Vehicle codes

Codes under the same FMCSA violation group

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Frequently asked questions about 396.3A

What does violation 396.3A mean?

396.3A is the FMCSA roadside-inspection violation code for "Inspection, repair, and maintenance", part of the Vehicle group, cited under 49 CFR §396.3A.

What BASIC does 396.3A affect?

396.3A 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 396.3A an out-of-service (OOS) violation?

Yes. 396.3A 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 396.3A add?

396.3A adds 0 CSA points because it is not used in SMS scoring, even when written out of service.

How can a driver prevent 396.3A?

Do — and document — a real pre-trip and post-trip DVIR; Keep the annual inspection current and records in the truck; Don’t operate a vehicle with a known defect.

Can 396.3A be challenged through DataQs?

Yes. If you believe 396.3A 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 396.3A Carrier CSA lookup CSA glossary

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