396.3 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
396.3 (Inspection, repair, and maintenance) was cited 60,303 times in roadside inspections of interstate for-hire carriers with 5 to 50 trucks from September 25, 2024 to September 24, 2026, and 57.6% of those citations put the driver or vehicle out of service. The most common version is 396.3A1-BOS: Brake - Defective brake(s) are equal to or greater than 20% of the service brakes on the vehicle/combination.
60,303
Citations on carriers with 5 to 50 trucks
57.6%
Out of service
327,805
All carriers, same period
What the rule says
Every vehicle's parts and accessories must be in safe and proper operating condition at all times, and the carrier must keep inspection, repair and maintenance records for each vehicle (49 CFR 396.3).
When it puts you out of service
The best-known code here is brakes out of service under the 20% rule (396.3A1-BOS): 99.7% out of service. FMCSA's data gives that code a weight of 0; the related brake codes carry the points.
The codes on the inspection report
| Code | What the officer wrote | Severity weight | Citations, 5 to 50 trucks | Out of service |
|---|---|---|---|---|
| 396.3A1-BOS | “Brake - Defective brake(s) are equal to or greater than 20% of the service brakes on the vehicle/combination” | 0 (scored under related codes) | 22,542 | 99.6% |
| 396.3A1-BALAC | “Brake - Audible air leak from a brake chamber” | 4 | 9,448 | 2.6% |
| 396.3A1 | “Inspection repair and maintenance of parts and accessories” | 2 | 6,259 | 11.6% |
| 396.3A1-ALBV | “Air Brake - Any leak from a brake valve” | 4 | 3,572 | 0.4% |
| 396.3A1-BALR | “Air Brake - Fails air loss rate test” | 4 | 3,158 | 97.7% |
| 396.3A1B | “Brakes (general) Explain:” | 4 | 3,091 | 3.7% |
| 396.3A1-F | “Fuel - Dripping leak.” | 3 | 1,557 | 98.2% |
| 396.3A1-OAL | “Other - Any air leak not attributed to the brake or suspension system.” | 4 | 1,425 | 0.1% |
| 396.3A1BL | “Brake system pressure loss” | 4 | 1,164 | 98.5% |
| 396.3A1-BARS | “Air Brake - Air reservoir separated from its original attachment points or moving more than 1 inch” | 4 | 911 | 59.2% |
| 396.3A1-HCM | “Hubs - Bearing cap plug or filler plug missing or broken” | 2 | 721 | 96.4% |
| 396.3A1-LC | “Brake - Leak from air chamber” | 4 | 695 | 13.1% |
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
- Repair the defect before the vehicle moves, and keep the work order in that vehicle's maintenance file.
- Keep maintenance records for one year, and for six months after the vehicle leaves your control (49 CFR 396.3(c)).
- If the defect was brakes, check every brake on the combination, not only the one written up.
Stop it happening again
- Run a written preventive maintenance schedule by mileage or date for every unit, and keep proof it was done.
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 reads your public FMCSA record, lists every violation with the rule behind it, and keeps the driver and vehicle records that stop repeats.
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.