395.34A1 — Driver did not follow ELD malfunction procedure
49 CFR 395 • Hours-of-Service BASIC • Severity 1/10
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).
- 4×SWIFT TRANSPORTATION COMPANY OF ARIZONA LLCDOT #54283 • last cited 2026-02-06
- 3×NEW PRIME INCDOT #3706 • last cited 2025-01-15
- 2×JAVIER HERNANDEZDOT #2567291 • last cited 2026-03-20
- 2×UNITED PARCEL SERVICE INCDOT #21800 • last cited 2025-08-25
- 2×ROADSIDE GA TRUCKING LLCDOT #3303275 • last cited 2025-07-23
- 2×PENSKE LOGISTICS LLCDOT #268015 • last cited 2025-05-20
- 2×DELANZA ENTERPRISES INCDOT #1141417 • last cited 2025-05-09
- 2×BAILY INTERNATIONAL OF ATLANTA INCDOT #704151 • last cited 2025-05-08
- 2×REX LOGISTICS LLCDOT #3145419 • last cited 2025-03-29
- 2×J B HUNT TRANSPORT INCDOT #80806 • last cited 2025-01-18
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