395.3 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
395.3 (Maximum driving time for property-carrying vehicles) was cited 25,248 times in roadside inspections of interstate for-hire carriers with 5 to 50 trucks from September 25, 2024 to September 24, 2026, and 23.4% of those citations put the driver or vehicle out of service. The most common version is 395.3A2-HOSPD: HOS (Property) - Driving beyond the 14 hour after coming on duty following 10 consecutive hours off duty during the current 8 consecutive day period. Date and Tim.
25,248
Citations on carriers with 5 to 50 trucks
23.4%
Out of service
83,888
All carriers, same period
What the rule says
A property-carrying driver may drive 11 hours after 10 consecutive hours off duty, may not drive after the 14th hour after coming on duty, needs a 30-minute break after 8 hours of driving, and must stay within 60 or 70 hours in 7 or 8 days (49 CFR 395.3).
When it puts you out of service
About 23% out of service in this data; the 14-hour rule is the most cited.
The codes on the inspection report
| Code | What the officer wrote | Severity weight | Citations, 5 to 50 trucks | Out of service |
|---|---|---|---|---|
| 395.3A2-HOSPD | “HOS (Property) - Driving beyond the 14 hour after coming on duty following 10 consecutive hours off duty during the current 8 consecutive day period. Date and Tim” | 7 | 5,894 | 7.2% |
| 395.3A1-HOSPD | “HOS (Property) - Driving more than 11 hours following 10 consecutive hours off duty during the current 8 consecutive day period. Date and Time” | 7 | 5,437 | 8.3% |
| 395.3A3II | “Driving beyond 8 hour driving limit since the end of the last on duty off duty or sleeper period of at least 30 minutes” | 7 | 2,685 | 0.1% |
| 395.3A2-HOSPDIT | “HOS (Property) - Driver driving beyond the 14 hour after coming on duty following 10 consecutive hours off duty at the time of inspection. Time” | 7 | 2,357 | 72.7% |
| 395.3A3I-HOSPDIT | “HOS (Property) - Driving more than 11 hours following 10 consecutive hours off duty at the time of inspection. Time” | 7 | 1,790 | 80.7% |
| 395.3A3-HOSPRNP | “Driving beyond 11 hour driving limit in a 14-hour period. (Property carrying vehicle) - Nominal Violation” | 1 | 1,203 | 0.7% |
| 395.3A2-HOSPRNP | “Driving beyond 14 hour duty period. (Property carrying vehicle) - Nominal Violation” | 1 | 1,169 | 0.7% |
| 395.3AII | “Driving beyond 8 hour driving limit since the end of the last on duty off duty or sleeper berth period of at least 30 consecutive minutes” | 7 | 1,041 | 0.1% |
| 395.3A2-PROP | “Driving beyond 14 hour duty period (Property carrying vehicle)” | 7 | 833 | 34.0% |
| 395.3A3-PROP | “Driving beyond 11 hour driving limit. (Property Carrying Vehicle)” | 7 | 706 | 33.0% |
| 395.3B2-HOSPDIT | “HOS (Property) - Driving after being on duty more than 70 hours in the previous 8 consecutive days at the time of inspection. Time” | 7 | 478 | 98.3% |
| 395.3A3-HOSPRNC | “Driving beyond 11 hour driving limit in a 14-hour period at time of inspection. (Property carrying vehicle) - Nominal Violation” | 1 | 352 | 70.2% |
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
- The driver stops until back within the limits.
- Look at how the load was planned: a pattern of 14-hour violations is usually a dispatch problem, not a driver problem.
- Write down what you changed and keep it with the driver's records.
Stop it happening again
- Plan loads against the 14-hour window, and check unassigned driving time in the ELD each week.
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.