395.8 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
395.8 (Driver's record of duty status) was cited 73,636 times in roadside inspections of interstate for-hire carriers with 5 to 50 trucks from September 25, 2024 to September 24, 2026, and 43.0% of those citations put the driver or vehicle out of service. The most common version is 395.8E-HOSPD: HOS (Property) - No driver may make a false report in connection with a duty status. Explain.
73,636
Citations on carriers with 5 to 50 trucks
43%
Out of service
256,556
All carriers, same period
What the rule says
Every driver must keep an accurate record of duty status for each 24-hour period, usually on an ELD (49 CFR 395.8). The carrier keeps the records and supporting documents for six months (395.8(k)).
When it puts you out of service
No record of duty status is 94% out of service here. A false log (395.8(e)) carries a weight of 7, and a carrier can be fined up to $15,846 for knowingly falsifying records (49 CFR Part 386, Appendix B).
The codes on the inspection report
| Code | What the officer wrote | Severity weight | Citations, 5 to 50 trucks | Out of service |
|---|---|---|---|---|
| 395.8E-HOSPD | “HOS (Property) - No driver may make a false report in connection with a duty status. Explain” | 7 | 19,859 | 12.4% |
| 395.8A1-HOSP | “HOS (Property) - Failing to have a record of duty status using the method prescribed” | 5 | 13,899 | 93.4% |
| 395.8A | “HOS (Form) - Paper Log/Logging Programs Form and Manner” | 1 | 8,596 | 1.2% |
| 395.8E1-PC | “HOS - False record of duty status driver improper use of Personal Conveyance - Not OOS” | 7 | 5,491 | 5.4% |
| 395.8E-HOSPDOOS | “HOS (Property) - Driver produces a false record of duty status that concealed an HOS limitation violation after the last rest period. Explain:” | 7 | 5,289 | 81.5% |
| 395.8E | “False report of drivers record of duty status” | 7 | 4,155 | 48.6% |
| 395.8E-HOSPDELDT | “HOS (Property) - Tampering with an ELD so that the device does not accurately record and retain required data. Explain:” | 7 | 2,434 | 97.2% |
| 395.8A-ELD | “ELD - No record of duty status (ELD Required)” | 5 | 2,165 | 96.5% |
| 395.8F01 | “Drivers record of duty status not current” | 5 | 2,143 | 1.6% |
| 395.8K2-HOSP | “HOS (Property) - Failing to have in possession RODS for the previous seven consecutive days and available for inspection while on duty” | 5 | 1,825 | 96.3% |
| 395.8 | “Record of Duty Status violation (general/form and manner)” | 1 | 1,455 | 2.6% |
| 395.8F1-HOSM | “HOS (Manner) - Driver's record of duty status not current to the time shown for last change of duty status. Date and Time:” | 5 | 1,256 | 1.3% |
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 waits until they have a compliant record and are within hours before driving again.
- Compare the driver's logs for the last two weeks with fuel receipts, bills of lading and ELD data, and correct what does not match through the ELD's edit and annotation process.
- Keep the supporting documents for six months with the logs (49 CFR 395.8(k)).
Stop it happening again
- Review a sample of every driver's logs against supporting documents each month, and write down that you did.
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.