395.8A — No driver's record of duty status
49 CFR 395 • Hours-of-Service BASIC • Severity 5/10
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).
- 87×FEDERAL EXPRESS CORPORATIONDOT #86876 • last cited 2026-10-30
- 82×WESTERN EXPRESS INCDOT #511412 • last cited 2026-10-22
- 64×EVANS DELIVERY COMPANY INCDOT #38111 • last cited 2026-10-08
- 57×CLEMENT TRANSPORT LLCDOT #3371628 • last cited 2026-07-10
- 53×TRANSPORT INDIANA LLCDOT #3057791 • last cited 2026-10-28
- 46×DEALERS CHOICE TRUCKAWAY SYSTEM INCDOT #255166 • last cited 2026-11-03
- 46×SWIFT TRANSPORTATION COMPANY OF ARIZONA LLCDOT #54283 • last cited 2026-10-08
- 40×J B HUNT TRANSPORT INCDOT #80806 • last cited 2026-10-22
- 40×DT EXPRESS TRANSPORTATION CORPDOT #4361831 • last cited 2026-07-23
- 38×DTM AUTO GROUP LLCDOT #4378545 • last cited 2026-10-01
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