Violation codeVehicle Maintenance

§393.86

Rear impact guard missing or defective

49 CFR §393.86

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.

At a glance

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

§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

A rear-impact-guard 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.

Related violations

Roadworthy HQ

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

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