Violation codeVehicle Maintenance

§393.41

Parking brake system

49 CFR §393.41

Every CMV must be equipped with a parking-brake system capable of holding the vehicle stationary on any grade on which it is operated. Severity weight 4 in the Vehicle Maintenance BASIC and an OOS condition when the brake fails to hold.

At a glance

Severity
4
OOS eligible
Yes
BASIC category
Vehicle Maintenance
Typical fine
$500–$5,000

§393.41 requires every CMV to be equipped with a parking-brake system that can hold the vehicle stationary on any grade on which it is normally operated, under any condition of loading. For air-braked vehicles the parking system is the spring-applied portion of the foundation brake; for hydraulic-braked vehicles the parking system is mechanical, typically a driveline or rear-wheel applicator.

Severity weight + OOS

Severity weight 4 in the Vehicle Maintenance BASIC. A parking brake that does not hold on grade is an out-of-service condition — the inspector tests by setting the brake and applying tractor effort or rolling the vehicle on a grade, and movement is the cite.

How it gets cited

Three patterns: (1) air-brake parking system that loses pressure overnight — the spring brakes apply correctly but air leaks back in and releases them; (2) hydraulic driveline parking brake with worn shoes or a maladjusted cable; (3) parking brake that holds on flat ground but releases on the inspector's grade test.

How to prevent it

  • Test the parking brake on every pre-trip — set the brake, attempt to move under low throttle, confirm the vehicle does not roll.
  • Annual inspection §396.17 must include a parking-brake hold test, not just a visual.
  • Investigate any air-system leak that develops between trips — a slow leak that affects service braking will affect the parking brake first.

How Roadworthy HQ helps

A parking-brake citation shows up in Roadworthy HQ as part of the inspection it came from, not as a record of its own: the app does not store individual violation codes. Log the roadside inspection on the vehicle's Inspections tab: date, state, level, driver, the number of violations, and whether it was out-of-service. For an out-of-service inspection the 15-day §396.9(d)(3) repair-certification countdown stays on that tab until you enter the certification date. The rule's 15 days cover every violation on the report, not only out-of-service ones, so for a non-OOS inspection that date is yours to track. The repair itself goes in the vehicle's maintenance log: date, type, what was done, who did it, and cost. DVIRs are logged per vehicle with the defect described in your own words, and a defect marked safety-affecting that is logged without a repair certification sends a critical alert. The §396.17 annual inspection report uploads to the vehicle, with reminders 60, 30, and 7 days before the next one is due.

Related violations

Roadworthy HQ

Track this and 800 other violations automatically.

Roadside findings link to the driver and vehicle, with corrective action documented and surfaced in the audit binder.

Free toolCompliance Deadline Calculator →Inspection citations are dated events — put every §396.17 cycle and medical card on one dated board.

Not legal advice · CFR is the authoritative source · SMS Appendix A publishes current severity weights