395.22 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
395.22 (Motor carrier responsibilities, in general) was cited 27,994 times in roadside inspections of interstate for-hire carriers with 5 to 50 trucks from September 25, 2024 to September 24, 2026, and 0.1% of those citations put the driver or vehicle out of service. The most common version is 395.22G-ELDMFV: HOS (ELD) - A portable ELD is not mounted in a fixed position and visible to the driver when seated in the normal driving position..
27,994
Citations on carriers with 5 to 50 trucks
0.1%
Out of service
86,630
All carriers, same period
What the rule says
The carrier must keep in each cab an ELD information packet: a data-transfer instruction sheet, a malfunction instruction sheet and blank record-of-duty-status graph-grids for at least 8 days, and a portable ELD must be mounted in a fixed position (49 CFR 395.22(g) and (h)).
When it puts you out of service
Not out of service here, but it is the easiest Hours-of-Service code to never see again.
The codes on the inspection report
| Code | What the officer wrote | Severity weight | Citations, 5 to 50 trucks | Out of service |
|---|---|---|---|---|
| 395.22G-ELDMFV | “HOS (ELD) - A portable ELD is not mounted in a fixed position and visible to the driver when seated in the normal driving position.” | 1 | 8,010 | 0.0% |
| 395.22H4-ELDBRODS | “HOS (ELD) - In-Vehicle Information - Failing to have a supply of blank driver's records of duty status graph-grids sufficient to record the driver's duty status a” | 1 | 7,523 | 0.0% |
| 395.22H2-ELDNISDT | “HOS (ELD) Driver failing to have instruction sheet describing the data transfer mechanisms supported by the ELD and step-by-step instructions for the driver to pr” | 1 | 2,634 | 0.1% |
| 395.22H1-ELDNUM | “HOS (ELD) - In-Vehicle Information - No user's manual for the driver describing how to operate the ELD. (May be electronic)” | 1 | 2,295 | 0.0% |
| 395.22G | “Portable ELD not mounted in a fixed position and visible to driver” | 1 | 1,770 | 0.5% |
| 395.22H4 | “Driver failed to maintain supply of blank drivers records of duty status graph-grids” | 1 | 1,651 | 0.4% |
| 395.22H3-ELDMF | “HOS (ELD) - In-Vehicle Information - Failing to have an instruction sheet for the driver describing ELD malfunction reporting requirements and recordkeeping proce” | 1 | 1,505 | 0.0% |
| 395.22H2 | “Driver failing to maintain ELD instruction sheet” | 1 | 970 | 0.5% |
| 395.22H1 | “Driver failing to maintain ELD user's manual” | 1 | 905 | 0.1% |
| 395.22H3 | “Driver failed to maintain instruction sheet for ELD malfunction reporting requirements” | 1 | 677 | 0.4% |
| 395.22B2II | “Motor carrier failed to include required user identification data in ELD account” | 1 | 54 | 0.0% |
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
- Put the three items in a folder in every truck today.
- Mount any portable ELD so the driver can see it from the normal seated position.
Stop it happening again
- Check the cab folder at each annual inspection.
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.