383.23 Violation: What It Means and How to Fix It
Data through September 24, 2026 · Last updated October 28, 2026 · By Chad Griffith, founder
Quick Answer
383.23 (Commercial driver's license) was cited 12,935 times in roadside inspections of interstate for-hire carriers with 5 to 50 trucks from September 25, 2024 to September 24, 2026, and 93.4% of those citations put the driver or vehicle out of service. The most common version is 383.23A2-LCDLN: License (CDL) - Operate a CMV and does not possess a valid CDL.
12,935
Citations on carriers with 5 to 50 trucks
93.4%
Out of service
87,593
All carriers, same period
What the rule says
A person may not drive a vehicle that requires a CDL without a valid CDL of the right class and endorsements (49 CFR 383.23).
When it puts you out of service
93% out of service here. For a new carrier, using a driver without a valid CDL can trigger an expedited safety audit (49 CFR 385.308(a)).
The codes on the inspection report
| Code | What the officer wrote | Severity weight | Citations, 5 to 50 trucks | Out of service |
|---|---|---|---|---|
| 383.23A2-LCDLN | “License (CDL) - Operate a CMV and does not possess a valid CDL” | 8 | 8,640 | 98.7% |
| 383.23A2 | “Operating a CMV without a CDL” | 8 | 3,274 | 99.2% |
| 383.23A2-LCDLNP | “License (CDL) - Operate a CMV while not in possession of a CDL on person” | 8 | 707 | 0.7% |
| 383.23A2-LCDL | “Endorsements - (CDL) - Operate a CMV without proper endorsements on operators license” | 8 | 289 | 98.6% |
| 383.23A2-R | “Operating a CMV without a valid CDL: Violation of air brake restriction” | 8 | 13 | 100.0% |
| 383.23A2-H | “Operating a CMV without a valid CDL: No hazardous materials / dangerous goods endorsement” | 8 | 5 | 100.0% |
| 383.23A2-DT | “Operating a CMV without a valid CDL: No double- or triple-trailer endorsement” | 8 | 4 | 100.0% |
| 383.23A2-T | “Operating a CMV without a valid CDL: No Tank Vehicle endorsement” | 8 | 2 | 100.0% |
| 383.23A2-P | “Operating a CMV without a valid CDL: No passenger vehicle endorsement” | 8 | 1 | 100.0% |
How it scores (violation points)
How it scores: in FMCSA's Safety Measurement System each violation counts its severity weight, plus 2 if it put the driver or vehicle out of service, times 3 in its first 6 months, 2 from 6 to 12 months, and 1 from 12 to 24 months. FMCSA has approved a simpler scale that is not live yet.
How to fix it
- Take the driver off any vehicle that needs a CDL until the license is valid.
- Pull the driver's motor vehicle record and check class, endorsements, restrictions and status.
- Check every other driver's license status the same day.
Stop it happening again
- Check license status at hire, at the annual review (49 CFR 391.25) and whenever the state record changes.
Challenging it in DataQs
Use DataQs (dataqs.fmcsa.dot.gov) only when the report is wrong: the wrong carrier or vehicle, a violation that did not happen, or a citation a court dismissed without a fine or found you not guilty of, which removes it from the Safety Measurement System; a conviction of a different charge lowers its weight to 1 (FMCSA adjudicated citations policy). Fixing the defect afterward is not a reason to remove it; keep the repair record instead.
FileFlo tracks every driver's CDL expiry and the annual motor vehicle record review.
Run it yourself: the Audit-Ready Setup, $499 through December 31, 2026, then $199 a month for up to 15 trucks. Or FileFlo runs it: $1,500 a month for up to 15 trucks, Setup included, and your first month back if you are not happy.
About these numbers
Counts are violations cited in roadside inspections used in FMCSA's Safety Measurement System from September 25, 2024 to September 24, 2026 (dataset 8mt8-2mdr on data.transportation.gov, October 2026 run). Carriers with 5 to 50 trucks means 66,936 active interstate for-hire carriers with 5 to 50 power units and more trucks than buses, based in the 50 states or DC, from FMCSA's census file. This is FileFlo's reading of public FMCSA data, not an FMCSA rating. Severity weights are the current SMS weights.