FMCSA Violation Code

395.13 — Driver did not assume or reject unassigned driving time

49 CFR 395 • Hours-of-Service BASIC • Severity 1/10

Driver citation CSA weight 1

Low severity

Code

395.13

CFR section

49 CFR 395

BASIC

Hours-of-Service

Severity

1/10

Out-of-Service

Unit type

Driver

What this violation means

ELDs record unassigned driving time when the truck moves without a driver logged in. Driver must assume or reject the time on next login. 1 SMS point if ignored.

Why this gets cited

Yard moves with no login. Tech moving truck on lot.

How to fix / prevent

Daily ELD review for unassigned time. Train drivers to assume yard-move time.

Out-of-service criteria

No — this violation is not typically out-of-service eligible. The inspector will note 395.13 on the inspection report (form MCS-63), but the truck/driver can usually continue after the inspection ends. It still counts against the carrier in CSA scoring (severity 1/10 weight, time-weighted over 24 months) and shows on the driver's PSP record. A pattern of these non-OOS violations across multiple inspections is what triggers FMCSA intervention — a single citation rarely does.

CSA / SMS impact

395.13 carries a severity weight of 1/10 in FMCSA's Safety Measurement System (SMS). Higher weights mean faster CSA percentile movement. Combined with a time-weighting factor (1× for citations within the last 6 months, decaying over 24 months), this violation can move your Hours-of-Service BASIC percentile significantly if it stacks with similar citations across your fleet. The threshold for FMCSA intervention is the 65th percentile for most BASICs (50th for Hazmat and Passenger Carrier). Once you cross that, FMCSA can send a Warning Letter, Off-Site Investigation, or full Compliance Review.

How to read this: a single citation rarely puts you over threshold — it's the pattern. Track your inspection rate per power unit and aim for OOS rate under 5% (industry average is 21%).

Other violations in Hours-of-Service

395.3A1OOS

Driving more than 11 hours after 10 hours off

395.3B2OOS

Driving after 60/70-hour weekly limit

395.3COOS

Driving after 70 hours in 8 days without restart

395.8EOOS

False record of duty status (false log)

395.22BOOS

ELD device not FMCSA-registered

395.3A2OOS

Driving after 14 hours on-duty

395.3A3Sev 5

Driving after 8 hours without 30-minute break

395.8AOOS

No driver's record of duty status

Frequently Asked Questions

Can I be placed out of service for 395.13?

No — 395.13 is not on the standard OOS criteria for most inspectors. You'll be cited on the inspection report (MCS-63), the violation will hit your CSA scores, and the driver's PSP record, but you can usually continue the trip after the inspection wraps. Caveat: an inspector has discretion to escalate to OOS if they observe a separate, more serious condition during the same inspection. If they find 395.13 plus a brake violation, they're putting you OOS for the brake issue, not this one.

How long does 395.13 affect my CSA score?

395.13 stays in your CSA Hours-of-Service BASIC for 24 months from the inspection date. The impact is time-weighted: 3× points during months 0-6, 2× during months 7-12, 1× during months 13-24, then it drops off. Severity weight is 1/10, so each citation contributes 3 points in the first 6 months and decays from there. On the driver's PSP report, the same citation stays visible for 36 months — and a 5-year history of driver violations is available to motor carriers performing a hire review. If the citation is later dismissed in court (DataQs challenge succeeds, or the underlying ticket is dropped), the SMS record can be removed via FMCSA's DataQs portal — but you have to actively file the challenge.

What's the difference between 395.13 and similar codes?

395.13 is in the 8-code group sharing the same BASIC. The closest siblings are: 395.3A1 (Driving more than 11 hours after 10 hours off); 395.3B2 (Driving after 60/70-hour weekly limit); 395.3C (Driving after 70 hours in 8 days without restart). Inspectors often cite multiple sibling codes from the same inspection — for example, a tire condition violation can simultaneously trigger codes for tread depth, sidewall, and inflation pressure. When you get cited under one sibling, check the report for the others before signing — they all count separately against CSA scoring.

CSA scores rising? Get a compliance audit.

(682) 978-8641 Send a message

395.13 — Driver did not assume or reject unassigned driving time

What this violation means

Related

Frequently Asked Questions

CSA scores rising? Get a compliance audit.

Ready to Grow Your Trucking Business?