Violation code

390.33-XS

Operating a Motor Coach or other Passenger Carrying vehicle with seating, secured or unsecured, in excess of the manufacturer's (manufacturer, remanufacturer, or final stage manufacturer) designed seating capacity.

Unsafe Driving1Non-OOS· SMS Appendix A v3.20

390.33-XS is a Other Driver Violations violation under 49 CFR §390.33-XS. It falls in the Unsafe Driving BASIC with a severity weight of 1/10. Nationally it was cited 51 times in the last five years, with an OOS rate of 84.3%.

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National roadside inspection stats

as of 9/20/2026

Inspections

that found this code

Violations

total written

OOS rate

84.3%

43 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: Other Driver Violations
Regulation §: 390.33-XS
Severity weight: 1
Used in SMS: Yes
Status: Active
Updated: 9/20/2026

Last updated September 2026

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Notes

DSMS: Y | Comment: Added in 3.0.4 | Footnote: This violation took effect in the SMS as of August 28, 2015.

What 390.33-XS means — and how to avoid it

In plain English

In plain terms, 390.33-XS is cited for operating a Motor Coach or other Passenger Carrying vehicle with seating, secured or unsecured, in excess of the manufacturer's (manufacturer, remanufacturer, or final stage manufacturer) designed seating capacity. It falls under the FMCSA rules on general FMCSR compliance and marking.

What the inspector checks

•Required markings/USDOT number and general compliance items

How to prevent it

✓Keep registration, marking, and required records current

How it affects your CSA

up to 3 pts (fresh)

Severity 1/10. A fresh citation counts at the 3× time weight — up to 3 points toward the Unsafe Driving 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 390.33-XS through FMCSA DataQs

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

Common ways to challenge this code

Radar / lidar / scale calibration not produced
The state instrument used to measure speed or weight had no current calibration certificate, or one was never provided when requested.
Evidence that wins
- ✓FOIA / public-records request response from the citing agency
- ✓Calibration log expiration date if produced
- ✓Driver's contemporaneous note (e.g., independent dashcam speed)
Citation based on visual estimate only
The inspection report indicates the officer estimated speed visually rather than using a calibrated instrument.
Evidence that wins
- ✓Inspection report narrative copy showing "visual estimate" wording
- ✓Officer training records or pacing distance, if obtainable
Underlying citation adjudicated
The underlying state court adjudicated the citation as dismissed, reduced, or amended.
Evidence that wins
- ✓Certified court disposition with case number and date
- ✓Original citation copy

Common pitfalls — avoid these

⚠Submitting an uncertified court printout — DataQs requires the clerk-stamped version
⚠Forgetting that "guilty of a lesser charge" still counts as conviction — the violation may stay, just at reduced severity

⚡ Draft a challenge for 390.33-XS →Read the DataQs guide first

More codes in Unsafe Driving

Same BASIC category — ranked by national citation volume

View all Unsafe Driving codes →

Other Other Driver Violations codes

Codes under the same FMCSA violation group

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Frequently asked questions about 390.33-XS

What does violation 390.33-XS mean?

390.33-XS is the FMCSA roadside-inspection violation code for "Operating a Motor Coach or other Passenger Carrying vehicle with seating, secured or unsecured, in excess of the manufacturer's (manufacturer, remanufacturer, or final stage manufacturer) designed seating capacity.", part of the Other Driver Violations group, cited under 49 CFR §390.33-XS.

What BASIC does 390.33-XS affect?

390.33-XS falls under the Unsafe Driving BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 390.33-XS?

390.33-XS carries a severity weight of 1 out of 10. Higher weights indicate violations more closely tied to crash risk, and they count more toward a carrier's Unsafe Driving score.

Is 390.33-XS an out-of-service (OOS) violation?

No. 390.33-XS 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 390.33-XS add to a carrier's score?

The point contribution of 390.33-XS depends on its severity weight (1/10) 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 390.33-XS?

Keep registration, marking, and required records current.

Can 390.33-XS be challenged through DataQs?

Yes. If you believe 390.33-XS 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 390.33-XS Unsafe Driving BASIC Carrier CSA lookup CSA glossary

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