FMCSA Violation Code

395.34A1 — Driver did not follow ELD malfunction procedure

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

Driver citation CSA weight 1

Low severity

Code

395.34A1

CFR section

49 CFR 395

BASIC

Hours-of-Service

Severity

1/10

Out-of-Service

Unit type

Driver

What this violation means

ELD malfunctioned and driver did not reconstruct prior 7 days on paper or notify carrier within 24 hours. 1 SMS point. Procedure: switch to paper, reconstruct, notify carrier in writing, carrier has 8 days to repair/replace.

How often this is cited (last 24 months)

In the last 24 months, 395.34A1 was cited 472 times at roadside inspections against 458 carriers, and 7.6% of those citations were out-of-service violations. It ranks #48 among the violation codes in our records by citation count. Most recent citation on record: Oct 12, 2026.

Why this gets cited

Driver not trained on malfunction procedure. ELD glitch resolved itself and driver didn't document.

How to fix / prevent

Annual ELD malfunction training. Procedure card in glovebox. Paper log book backup.

Out-of-service criteria

No — this violation is not typically out-of-service eligible. The inspector will note 395.34A1 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

395.34A1 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%).

Carriers recently cited (last 24 months)

Carriers most-recently cited for 395.34A1 in FMCSA inspection records (rolling 24-month window).

SWIFT TRANSPORTATION COMPANY OF ARIZONA LLC
DOT #54283 • last cited 2026-02-06
4×
NEW PRIME INC
DOT #3706 • last cited 2025-01-15
3×
JAVIER HERNANDEZ
DOT #2567291 • last cited 2026-03-20
2×
UNITED PARCEL SERVICE INC
DOT #21800 • last cited 2025-08-25
2×
ROADSIDE GA TRUCKING LLC
DOT #3303275 • last cited 2025-07-23
2×
PENSKE LOGISTICS LLC
DOT #268015 • last cited 2025-05-20
2×
DELANZA ENTERPRISES INC
DOT #1141417 • last cited 2025-05-09
2×
BAILY INTERNATIONAL OF ATLANTA INC
DOT #704151 • last cited 2025-05-08
2×
REX LOGISTICS LLC
DOT #3145419 • last cited 2025-03-29
2×
J B HUNT TRANSPORT INC
DOT #80806 • last cited 2025-01-18
2×

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 395.34A1?

No — 395.34A1 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 395.34A1 plus a brake violation, they're putting you OOS for the brake issue, not this one.

How long does 395.34A1 affect my CSA score?

395.34A1 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 395.34A1 and similar codes?

395.34A1 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.

How often is 395.34A1 cited?

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395.34A1 — Driver did not follow ELD malfunction procedure

What this violation means

Related

Frequently Asked Questions

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