Violation code393.86

§393.86

Rear impact guard missing or defective

49 CFR §393.86

At a glance

Severity
2
OOS eligible
No
BASIC category
Vehicle Maintenance
Typical fine
$100–$1,500

Every trailer manufactured on or after January 26, 1998 must have a compliant rear impact guard. Missing or damaged guards are a roadside finding and a §393.86 violation.

§393.86(a) requires every trailer or semi-trailer with a GVWR of 10,000 lb or more, manufactured on or after January 26, 1998, to be equipped with a rear impact guard. The guard meets specific geometric, strength, and energy-absorption requirements established in FMVSS 223 and 224. Trailers manufactured before January 26, 1998 fall under §393.86(b), which still requires a rear-end protection meeting earlier construction-and-installation standards.

What inspectors look for

  • Missing rear impact guard
  • Guard not meeting the 22-inch maximum ground clearance
  • Guard damaged or detached from mounting
  • Welds visibly cracked
  • For pre-1998 trailers, missing the §393.86(b) end-protection

Severity

Severity weight 2 in the Vehicle Maintenance BASIC. The litigation exposure is much larger than the citation cost — rear under-ride accidents involving inadequate guards are a notorious negligence prong in CMV litigation.

How to prevent it

  • §396.17 annual inspection includes visual inspection of the rear impact guard.
  • After every backing incident or dock contact, inspect the guard and the mounting weld.
  • Track installed-date and repair history per trailer.

How Roadworthy HQ helps

Trailer rear-impact-guard findings link to the trailer record (we treat trailers as vehicles in the §396.3 PM schedule). Repair documentation is retained against the audit binder and matched to the inspection finding.

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.

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