Violation codes / 396.9D2-FTF
49 CFR 396 · Inspection, repair and maintenance396.9D2-FTF
Failing to correct the violation(s)/defect(s) noted on the roadside inspection report
What the rule actually says
This violation cites 49 CFR 396.9, inspection of motor vehicles and intermodal equipment in operation. The regulation reads:
(a) Personnel authorized to perform inspections. Every special agent of the FMCSA (as defined in appendix B to part 390 of this chapter) is authorized to enter upon and perform inspections of a motor carrier's vehicles in operation and intermodal equipment in operation.
(b) Prescribed inspection report. The Driver Vehicle Examination Report shall be used to record results of motor vehicle inspections and results of intermodal equipment inspections conducted by authorized FMCSA personnel.
(c) Motor vehicles and intermodal equipment declared “out-of-service.” (1) Authorized personnel shall declare and mark “out-of-se…
The section continues.
49 CFR 396.9, Inspection of motor vehicles and intermodal equipment in operation. Read the full section on eCFR
Quoted verbatim from the Electronic Code of Federal Regulations. Nothing here is a paraphrase, and nothing here is legal advice on a citation.
How often this comes up
This violation was recorded 37,616 times across the roadside inspections in the FMCSA file, making it the 89th most frequently cited code. Whether a given instance puts a vehicle or driver out of service is decided at the roadside by the inspector, not by the code itself, so the same violation can end a trip or simply be noted.
It sits under 49 CFR Part 396, which covers inspection, repair and maintenance. To see it in context, look up a carrier and read its inspection history: the same code appearing repeatedly is a different signal from a single occurrence.
Look up a carrier's inspection record
Other inspection, repair and maintenance violations
- 396.17C-PI Operating a CMV without documentation of a p…
- 396.17C Operating a CMV without proof of a periodic …
- 396.3A1 Inspection, repair and maintenance of parts …
- 396.5B-L Lubrication - Oil or grease leak
- 396.5B Oil and/or grease leak
- 396.3A1-BOS Brake - Defective brake(s) are equal to or g…
- 396.3A1BOS BRAKES OUT OF SERVICE: The number of defecti…
- 396.3A1-BALAC Brake - Audible air leak from a brake chambe…
- 396.3A1B Brakes (general) Explain:
- 396.3A1-ALBV Air Brake - Any leak from a brake valve
- 396.5B-HWSL Hubs - Wheel seal leaking
- 396.3A1BL Brake system pressure loss
Counts are from the FMCSA Inspections and Violations file via data.transportation.gov. This describes how the violation is recorded, and is not legal advice on a citation.