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FMCSA Violation Code

395.8A — No driver's record of duty status

49 CFR 395 • Hours-of-Service BASIC • Severity 5/10

Out-of-service eligible Driver citation CSA weight 5
OUT-OF-SERVICE eligible
Code
395.8A
CFR section
49 CFR 395
BASIC
Hours-of-Service
Severity
5/10
Out-of-Service
Yes
Unit type
Driver

What this violation means

Driver has no log at all — no ELD logged in, no paper log, nothing. OOS-eligible. Typically happens when a driver forgets to log in to the ELD at start of shift, or when an ELD malfunctions and the driver fails to switch to paper backup as required (395.34).

How often this is cited (last 24 months)

In the last 24 months, 395.8A was cited 52,596 times at roadside inspections against 23,851 carriers, and 1.2% of those citations were out-of-service violations. It ranks #7 among the violation codes in our records by citation count. Most recent citation on record: Oct 28, 2026.

Why this gets cited

ELD pairing failure with the truck (Bluetooth/USB), driver forgetting login PIN, ELD device dead battery, new driver unfamiliar with the system. Sometimes intentional — driver running 'off the books' for cash loads.

How to fix / prevent

Pre-trip checklist that includes 'ELD logged in and recording.' Spare ELD device in dispatch for hot-swap. Paper log backup in glovebox per 395.34(a)(2) — must be filled out within 24 hours of malfunction. Train drivers to call dispatch the moment the ELD acts up.

Out-of-service criteria

Yes — this violation IS out-of-service eligible. When an inspector finds 395.8A 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

395.8A 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%).

Carriers recently cited (last 24 months)

Carriers most-recently cited for 395.8A in FMCSA inspection records (rolling 24-month window).

  • FEDERAL EXPRESS CORPORATION
    DOT #86876 • last cited 2026-10-30
    87×
  • WESTERN EXPRESS INC
    DOT #511412 • last cited 2026-10-22
    82×
  • EVANS DELIVERY COMPANY INC
    DOT #38111 • last cited 2026-10-08
    64×
  • CLEMENT TRANSPORT LLC
    DOT #3371628 • last cited 2026-07-10
    57×
  • TRANSPORT INDIANA LLC
    DOT #3057791 • last cited 2026-10-28
    53×
  • DEALERS CHOICE TRUCKAWAY SYSTEM INC
    DOT #255166 • last cited 2026-11-03
    46×
  • SWIFT TRANSPORTATION COMPANY OF ARIZONA LLC
    DOT #54283 • last cited 2026-10-08
    46×
  • J B HUNT TRANSPORT INC
    DOT #80806 • last cited 2026-10-22
    40×
  • DT EXPRESS TRANSPORTATION CORP
    DOT #4361831 • last cited 2026-07-23
    40×
  • DTM AUTO GROUP LLC
    DOT #4378545 • last cited 2026-10-01
    38×
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
395.8ISev 3
Failing to enter required log content

Related

Frequently Asked Questions

Can I be placed out of service for 395.8A?
Yes. 395.8A is on the North American Standard Out-of-Service Criteria list. An inspector who finds this during a Level 1, 2, or 3 inspection can place the Driver OOS at the inspection site. The truck cannot move until the defect is corrected. For vehicle-side OOS, that usually means a mobile mechanic or tow to the nearest shop. For driver-side OOS (HOS, CDL, drug/alcohol), it means the driver is removed from service and a qualified replacement must arrive before the truck can continue. Pro tip: do a thorough pre-trip every shift and address any issue listed in 49 CFR 395 before pulling onto the road — that's the only reliable way to avoid this one.
How long does 395.8A affect my CSA score?
395.8A stays in your CSA Hours-of-Service BASIC for <strong>24 months</strong> 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 5/10, so each citation contributes 15 points in the first 6 months and decays from there. On the driver's PSP report, the same citation stays visible for <strong>36 months</strong> — 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 395.8A and similar codes?
395.8A is in the 8-code group sharing the same BASIC. The closest siblings are: <strong>395.3A1</strong> (Driving more than 11 hours after 10 hours off); <strong>395.3B2</strong> (Driving after 60/70-hour weekly limit); <strong>395.3C</strong> (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 395.8A cited?
In the last 24 months, 395.8A was cited 52,596 times at roadside inspections against 23,851 carriers, and 1.2% of those citations were out-of-service violations. It ranks #7 among the violation codes in our records by citation count. Most recent citation on record: Oct 28, 2026.

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