395.22A — Driver failed to use ELD when required
49 CFR 395 • Hours-of-Service BASIC • Severity 1/10
What this violation means
Driver was supposed to be on an ELD but was running paper logs without a valid exception. 1 SMS point. ELD mandate has been in effect since Dec 2017 (Dec 2019 for AOBRD upgrade); paper logs are only allowed for short-haul, driveaway-towaway, and pre-2000-model trucks.
Why this gets cited
Driver doesn't have an ELD installed and isn't in an exempt category. Driver running 'broken' ELD on paper without filing malfunction notice. Owner-operator new to MC and never enrolled.
How to fix / prevent
Confirm exemption status before hire. If non-exempt, install an FMCSA-registered ELD. Most fleet-grade ELDs are $25-60/month per truck.
Out-of-service criteria
No — this violation is not typically out-of-service eligible. The inspector will note 395.22A 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
395.22A 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
Related
- → Browse all FMCSA violation codes
- → More Hours-of-Service violations
- → FMCSA regulations & compliance
- → Look up a carrier safety record
- → 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