395.22B — ELD device not FMCSA-registered
49 CFR 395 • Hours-of-Service BASIC • Severity 5/10
What this violation means
Driver using an ELD that isn't on FMCSA's registered devices list. OOS — the entire ELD-mandate compliance hinges on registration. 5 SMS points.
Why this gets cited
Off-brand ELD purchased cheap. Vendor de-registered after sale. Driver using AOBRD past mandate deadline.
How to fix / prevent
Check FMCSA ELD list at csa.fmcsa.dot.gov/ELD. Reputable vendors: Geotab, Samsara, Omnitracs, Verizon Connect, KeepTruckin/Motive.
Out-of-service criteria
Yes — this violation IS out-of-service eligible. When an inspector finds 395.22B during a Level 1, 2, or 3 inspection, they can place the Driver OOS using the North American Standard Out-of-Service Criteria. OOS means the truck cannot move from the inspection site until the defect is corrected (vehicle OOS) or the driver is replaced (driver OOS). For carriers, every OOS violation adds time-weighted points to your CSA Hours-of-Service BASIC — and it shows in the public SMS data within 30 days. For drivers, an OOS event stays on PSP for 3 years.
CSA / SMS impact
395.22B carries a severity weight of 5/10 in FMCSA's Safety Measurement System (SMS). Higher weights mean faster CSA percentile movement. Combined with a time-weighting factor (2× 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